OMB Control No. 3265-0006 1 Expiration Date 5/31/2013 

U.S. ELECTION ASSISTANCE COMMISSION 

 2010 Election Administration & Voting Survey 

Alaska 

Statutory Overview

 

In order to better understand state laws governing federal elections, the U.S. Election 

Assistance Commission, as part of its biennial Election Administration and Voting 

Survey, is collecting information on state election laws and procedures. These answers 

will help EAC to better understand the quantitative data relating to the 2010 general 

election that we are collecting from all U.S. states and territories. 

EAC understands that responding to this Statutory Overview may require significant 

staff time on the part of your office. Please be assured that we have attempted to 

minimize the burden, and we appreciate your cooperation in this very important 

project. 

Information Supplied By 

Name Gail Fenumiai 

Title Director 

Office/Agency Name State of Alaska, Division of Elections 

Address 1 PO Box 110017 

Address 2 

City Juneau 

State AK 

Zip Code 99811-0017 

Email Address gail.fenumiai@alaska.gov 

Telephone (area Code and number) 907-465-4611 

Fax Number (area code and number) 907-465-3203 
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DIRECTIONS AND EXAMPLE 

Please provide your state’s legal citation for the responses to these questions (where 

applicable). Prior to beginning the Statutory Overview, please ensure that “track 

changes” is turned on; this will provide a record of all changes that are made including 

insertions, deletions, and formatting changes. To turn on track changes hold down 

“Control” and “Shift” and “E” at the same time. For additional assistance in working 

with “track changes” please contact your Technical Assistance point of contact at ICF 

International. 

We have provided you with your answers to the 2008 Statutory Overview. If there has 

not been a change in your State’s laws or legal citation in the response to a question, 

please mark No Change Since 2008 with an “X” as shown below: 

__X__ No Change Since 2008 

If the response has changed since 2008, please mark Changed Since 2008 with an “X” 

and modify the answer as needed using track changes. If you need to replace the entire 

answer, please delete the 2008 response and record your 2010 response between the red 

bracketed text lines, as described below. 

__X___ Changed Since 2008 

Please answer each question to the best of your ability. If terms are ambiguous or not 

relevant, please explain why. If a question is not applicable to your state, please explain 

why. If a definition or term lacks statutory reference but is widely understood in 

practice, please explain. If election procedures vary at the local level within your state, 

please explain to the best of your ability. 

If state laws are currently enjoined or otherwise blocked from enforcement by a state or 

federal court, or executive decision, please specify. 

Please keep your responses between the red, bracketed text lines. This will help us 

extract your answers into our central database. 

Example: 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable.

a. Over-vote 

[Begin definition (a) below this line.] 

Your answer goes here. You may enter the text directly, or cut and paste from 

another word processing program. 

There is no limit to the length of your response. 

[End definition (a) above this line.]
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SECTION A: GENERAL 

A1. How does your state define the following terms related to votes and ballots? Please 

provide your state’s legal citation defining these terms, where applicable. 

a. Over-vote 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (a) below this line.] 

Voting for more than the number of allowed votes per race. 

Sec. 15.15.360. Rules for counting ballots. 

(a) The election board shall count ballots according to the following rules: 

(1) A voter may mark a ballot only by filling in, making "X" marks, diagonal, 

horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that 

are clearly spaced in the oval opposite the name of the candidate, proposition, or question 

that the voter desires to designate. 

(2) A failure to properly mark a ballot as to one or more candidates does not itself 

invalidate the entire ballot. 

(3) If a voter marks fewer names than there are persons to be elected to the office, a vote 

shall be counted for each candidate properly marked. 

(4) If a voter marks more names than there are persons to be elected to the office, 

the votes for candidates for that office may not be counted. 

(5) The mark specified in (1) of this subsection shall be counted only if it is substantially 

inside the oval provided, or touching the oval so as to indicate clearly that the voter intended 

the particular oval to be designated. 

(6) Improper marks on the ballot may not be counted and do not invalidate marks for 

candidates properly made. 

(7) An erasure or correction invalidates only that section of the ballot in which it 

appears. 

(8) A vote marked for the candidate for President or Vice-President of the United States 

is considered and counted as a vote for the election of the presidential electors. 
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(9) Write-in votes are not invalidated by writing in the name of a candidate whose name 

is printed on the ballot unless the election board determines, on the basis of other evidence, 

that the ballot was so marked for the purpose of identifying the ballot. 

(10) In order to vote for a write-in candidate, the voter must write in the candidate's 

name in the space provided and fill in the oval opposite the candidate's name in accordance 

with (1) of this subsection. 

(11) A vote for a write-in candidate, other than a write-in vote for governor and 

lieutenant governor, shall be counted if the oval is filled in for that candidate and if the name, 

as it appears on the write-in declaration of candidacy, of the candidate or the last name of the 

candidate is written in the space provided. 

(12) If the write-in vote is for governor and lieutenant governor, the vote shall be 

counted if the oval is filled in and the names, as they appear on the write-in declaration of 

candidacy, of the candidates for governor and lieutenant governor or the last names of the 

candidates for governor and lieutenant governor, or the name, as it appears on the write-in 

declaration of candidacy, of the candidate for governor or the last name of the candidate for 

governor is written in the space provided. 

(b) The rules set out in this section are mandatory and there are no exceptions to them. A 

ballot may not be counted unless marked in compliance with these rules. 

(c) [Repealed, Sec. 24 ch 113 SLA 2003]. 

[End definition (a) above this line.] 

b. Under-vote 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (b) below this line.]

Voting for less than the number of allowed votes per race. 

Sec. 15.15.360. Rules for counting ballots. 

(a) The election board shall count ballots according to the following rules: 

(1) A voter may mark a ballot only by filling in, making "X" marks, diagonal, 

horizontal, or vertical marks, solid marks, stars, circles, asterisks, checks, or plus signs that 

are clearly spaced in the oval opposite the name of the candidate, proposition, or question 

that the voter desires to designate. 

(2) A failure to properly mark a ballot as to one or more candidates does not itself 

invalidate the entire ballot. 
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(3) If a voter marks fewer names than there are persons to be elected to the office, a 

vote shall be counted for each candidate properly marked. 

(4) If a voter marks more names than there are persons to be elected to the office, the 

votes for candidates for that office may not be counted. 

(5) The mark specified in (1) of this subsection shall be counted only if it is substantially 

inside the oval provided, or touching the oval so as to indicate clearly that the voter intended 

the particular oval to be designated. 

(6) Improper marks on the ballot may not be counted and do not invalidate marks for 

candidates properly made. 

(7) An erasure or correction invalidates only that section of the ballot in which it 

appears. 

(8) A vote marked for the candidate for President or Vice-President of the United States 

is considered and counted as a vote for the election of the presidential electors. 

(9) Write-in votes are not invalidated by writing in the name of a candidate whose name 

is printed on the ballot unless the election board determines, on the basis of other evidence, 

that the ballot was so marked for the purpose of identifying the ballot. 

(10) In order to vote for a write-in candidate, the voter must write in the candidate's 

name in the space provided and fill in the oval opposite the candidate's name in accordance 

with (1) of this subsection. 

(11) A vote for a write-in candidate, other than a write-in vote for governor and 

lieutenant governor, shall be counted if the oval is filled in for that candidate and if the name, 

as it appears on the write-in declaration of candidacy, of the candidate or the last name of the 

candidate is written in the space provided. 

(12) If the write-in vote is for governor and lieutenant governor, the vote shall be 

counted if the oval is filled in and the names, as they appear on the write-in declaration of 

candidacy, of the candidates for governor and lieutenant governor or the last names of the 

candidates for governor and lieutenant governor, or the name, as it appears on the write-in 

declaration of candidacy, of the candidate for governor or the last name of the candidate for 

governor is written in the space provided. 

(b) The rules set out in this section are mandatory and there are no exceptions to them. A 

ballot may not be counted unless marked in compliance with these rules. 

(c) [Repealed, Sec. 24 ch 113 SLA 2003]. 

[End definition (b) above this line.] 
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c. Blank ballot 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (c) below this line.]

No votes recorded in a race 

[End definition (c) above this line.] 

d. Void/Spoiled ballot 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (d) below this line.]

Ballot that is improperly marked, damaged or otherwise spoiled by the voter. 

Sec.15.15.250. Disposition of spoiled ballot. 

If a voter improperly marks, damages, or otherwise spoils a ballot, the voter may request and 

the election board shall provide another ballot, with a maximum of three. The board shall 

record on the precinct register that there was a spoiled ballot and destroy the spoiled ballot 

immediately without examining it. 

[End definition (d) above this line.] 

e. Provisional/Challenged ballot 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (e) below this line.]

Method of voting for a voter if: 1.) voter’s name does not appear on register; 2.) 

voter does not have proper identification; 3.) voter’s residence address has 

changed; 4.) voter’s qualifications are questioned.

Sec. 15.15.198. Voters not on official registration list. 

(a) If a voter's name does not appear on the official registration list in the precinct in 

which the voter seeks to vote, the election official shall affirmatively advise the voter that the 
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voter may cast a questioned ballot, and the voter shall be allowed to vote a questioned ballot. 

At the time the voter casts a questioned ballot, the voter shall be given written information 

stating that the voter will be able to ascertain whether the ballot was counted and, if not 

counted, the reason the ballot was not counted. 

(b) A person whose registration is inactive under AS 15.07.130(b) and who votes a 

questioned or absentee ballot shall have the ballot counted if 

(1) the person was registered to vote in the last four calendar years; 

(2) the person signs a statement to that effect; and 

(3) the earlier registration is verified by the director 

Sec. 15.15.210. Questioning of voters of suspect qualification. 

Every election official shall question, and every watcher and any other person qualified to 

vote in the precinct may question, a person attempting to vote if the questioner has good 

reason to suspect that the questioned person is not qualified under AS 15.05. All questions 

regarding a person's qualifications to vote shall be made in writing setting out the reason the 

person has been questioned. A questioned person shall, before voting, subscribe to a 

declaration in a form provided by the director attesting to the fact that in each particular the 

person meets all the qualifications of a voter, is not disqualified, and has not voted at the 

same election, and certifying that the person understands that a false statement on the 

declaration may subject the person to prosecution for a misdemeanor under this title or AS 

11. After the questioned person has executed the declaration, the person may vote. If the 

questioned person refuses to execute the declaration, the person may not vote. 

Sec. 15.15.225. Voter identification at polls. 

(a) Before being allowed to vote, each voter shall exhibit to an election official one form 

of identification, including 

(1) an official voter registration card, driver's license, state identification card, current 

and valid photo identification, birth certificate, passport, or hunting or fishing license; or 

(2) an original or a copy of a current utility bill, bank statement, paycheck, government 

check, or other government document; an item exhibited under this paragraph must show the 

name and current address of the voter. 

(b) An election official may waive the identification requirement if the election official 

knows the identity of the voter. The identification requirement may not be waived for voters 

who are first-time voters who initially registered by mail or by facsimile or other electronic 

transmission approved by the director under AS 15.07.050, and did not provide identification 

as required in AS 15.07.060. 
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(c) A voter who cannot exhibit a required form of identification shall be allowed to vote 

a questioned ballot. 

[End definition (e) above this line.] 

f. Absentee 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (f) below this line.]

Alternative method for casting a ballot outside of the polling place. 

[End definition (f) above this line.] 

g. Early voting 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (g) below this line.]

Period of voting 15 days prior to the election. 

Sec. 15.20.064. Early voting. 

(a) For 15 days before an election and on election day, a qualified voter who meets the 

requirements set out in this section may vote in locations designated by the director. 

(b) The election supervisor or other election official shall issue a ballot to the voter upon 

(1) exhibition of proof of identification as required in AS 15.15.225; 

(2) verification that the voter's residence address appearing on the official registration 

list is current; and 

(3) the voter's signing the early voting register. 

(c) After the voter has marked the ballot, the voter shall place the ballot in the secrecy 

sleeve and inform the election supervisor or other election official. The voter shall deposit 

the ballot in the ballot box in the presence of the election supervisor or other election official 

unless the voter requests the election supervisor or other election official to deposit the ballot 

on the voter's behalf. The tabulation of early voting ballots may not begin before 8:00 p.m. 

prevailing time on election day. 
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(d) The director shall designate locations for early voting by June 1 of an election year. 

[End definition (g) above this line.] 

h. Active Voter 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (h) below this line.]

A qualified voter who meets the statutory qualifications set out in AS 15.05.010. 

A voter who has not been targeted for list maintenance under AS 15.07.130. 

[End definition (h) above this line.] 

i. Inactive Voter 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin definition (i) below this line.]

Voter that does not meet the qualifications of an active voter 

[End definition (i) above this line.] 

j. Other terms (please specify) ________________ 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Identify each TERM and definition separately and begin below this line.]

[End TERM(s) and definition(s) above this line.] 

A2. Please provide the legal citation for any significant changes to election laws or 

procedures that have been enacted or adopted since the previous Federal election. 

“Significant” does not include routine or technical changes (such as changes to election 

district boundaries or polling place changes). However, EAC would like to learn about 

any new identification requirements for voters or registrants; changes in eligibility for 

voting or registering; adoption of alternative voting methods; and other changes that 

you believe represent a significant change in the way your state runs its elections. 

 X No Change Since 2008 _____ Changed Since 2008 
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2008 Response:

[Begin response to above question (A2) below this line.]

None 

[End response to above question (A2) above this line.]
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SECTION B: VOTER REGISTRATION 

B1. Is your state’s voter registration database system best described as a bottom-up, a 

top-down, or a hybrid? (Note: A bottom-up system generally uploads information 

retained at the local level and compiled at regular intervals to form the statewide voter 

registration list. A top-down system is hosted on a single, central platform/mainframe 

and is generally maintained by the state with information supplied by local 

jurisdictions. A hybrid is some combination of both systems described above.) 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (B1) below this line.]

Alaska has a statewide mainframe based, real time database. The six State elections offices 

have direct access to the database through the State’s mainframe. All voter registration data 

entered into the system is done through the State Division of Elections. 

[End response to above question (B1) above this line.] 

If your state uses a bottom-up or hybrid system, how often do local jurisdictions 

transmit registration information to the state list? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above clarification question to B1 below this line.]

N/A – the State of Alaska is responsible for maintaining the master voter registration list for 

the state. Local jurisdictions do not process voter registration applications. 

[End response to above clarification question to B1 above this line.] 

B2. Please describe the process used in your state to move voters from the active list to 

the inactive list, and from the inactive list to the active list. Is a different process used 

for UOCAVA voters? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (B2) below this line.]

The process is the same for all voters. AS 15.07.130 is the statute that outlines the list 

maintenance process for the State of Alaska. 
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Sec. 15.07.130. Voter registration list maintenance. 

(a) Periodically, at times of the director's choosing, but no less frequently than in 

January of each calendar year, the director shall examine the master register maintained 

under AS 15.07.120 and shall send, by nonforwardable mail to the voter's registration 

mailing address, a notice requesting address confirmation or correction to each voter 

(1) whose mail from the division has been returned to the division in the two years 

immediately preceding the examination of the register; 

(2) who has not contacted the division in the two years immediately preceding the 

examination of the register; or 

(3) who has not voted or appeared to vote in the two general elections immediately 

preceding the examination of the register. 

(b) If a registered voter has not, within the preceding four calendar years, contacted the 

division and has neither voted nor appeared to vote in a local, regional school board, primary, 

special, or general election during the last four calendar years and a notice sent to the voter 

under (a) of this section was returned as undeliverable, the voter shall be advised by a notice 

sent by forwardable mail to the voter's last known address that registration will be inactivated 

unless the voter responds to the notice no later than 45 days after the date of the notice sent 

under this section. The director shall maintain on the master register the name of a voter 

whose registration is inactivated. The director shall cancel a voter's inactive registration in 

accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, National Voter 

Registration Act of 1993) after the second general election that occurs after the registration 

becomes inactive if the voter does not contact the division or vote or appear to vote. 

(c) The director shall obtain from the bureau of vital statistics a certified list of all 

residents over 18 years of age who have died or who have been presumptively declared dead. 

Promptly after receipt of each list, but, in any event, at least once each month, the director 

shall cancel the registration of all deceased voters. 

(d) The notice sent under (b) of this section must include a postage prepaid and preaddressed return card on which the voter may state the voter's current address. The notice 

must indicate 

(1) that the voter should return the card not later than 45 days after the date of the notice 

if the voter did not change residence; 

(2) that failure to return the card by the 45-day deadline could result in removal of the 

voter's name from the official registration list for a subsequent election; 

(3) that the voter's registration will be cancelled if the voter does not contact the division 

during, or vote or appear to vote in an election held during, the period beginning on the date 
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of the notice and ending on the day after the last day of the fourth calendar year that occurs 

after the date of notice; and 

(4) how the voter can continue to be eligible to vote if the voter has changed residence. 

(e) For purposes of (b) and (d) of this section, a voter "appears to vote" if 

(1) the voter is present at a polling place or at an absentee voting station at a time when 

the polling place or absentee voting station is operating, for the purpose of casting a vote; 

(2) the voter applies to the division to obtain an absentee ballot; or 

(3) in an election conducted by mail under AS 15.20.800 , a voter who has not received 

a ballot by mail makes a timely request to the division for a ballot. 

(f) For the purpose of this section, a voter "contacts" the division if the voter notifies the 

division of a change of address, responds to a notice sent under this section, signs a petition 

for a ballot measure, requests a new voter registration card, or otherwise communicates with 

the division other than to vote or register to vote. 

If a voter is inactivated under the list maintenance process, the voter may still vote and have 

his/her ballot count for up to four years. See statute reference below. 

Sec. 15.15.198. Voters not on official registration list. 

(a) If a voter's name does not appear on the official registration list in the precinct in 

which the voter seeks to vote, the election official shall affirmatively advise the voter that the 

voter may cast a questioned ballot, and the voter shall be allowed to vote a questioned ballot. 

At the time the voter casts a questioned ballot, the voter shall be given written information 

stating that the voter will be able to ascertain whether the ballot was counted and, if not 

counted, the reason the ballot was not counted. 

(b) A person whose registration is inactive under AS 15.07.130(b) and who votes a 

questioned or absentee ballot shall have the ballot counted if 

(1) the person was registered to vote in the last four calendar years; 

(2) the person signs a statement to that effect; and 

(3) the earlier registration is verified by the director. 

 [End response to above question (B2) above this line.] 
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B3. Please describe your state’s process for removing voters from the voter registration 

rolls (not merely moving them from active to inactive). Please include information 

regarding notices and confirmations. Are these procedures the same for UOCAVA 

voters? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (B3) below this line.]

The procedures are the same for all voters. 

AS 15.07.130(b) 

(b) If a registered voter has not, within the preceding four calendar years, contacted the 

division and has neither voted nor appeared to vote in a local, regional school board, primary, 

special, or general election during the last four calendar years and a notice sent to the voter 

under (a) of this section was returned as undeliverable, the voter shall be advised by a notice 

sent by forwardable mail to the voter's last known address that registration will be inactivated 

unless the voter responds to the notice no later than 45 days after the date of the notice sent 

under this section. The director shall maintain on the master register the name of a voter 

whose registration is inactivated. The director shall cancel a voter's inactive registration 

in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, National Voter 

Registration Act of 1993) after the second general election that occurs after the 

registration becomes inactive if the voter does not contact the division or vote or appear 

to vote.

[End response to above question (B3) above this line.] 

B4. Can your state’s voter registration database (or equivalent) share information 

electronically with your state’s drivers license agency (for example, to match records or 

trace changes in address)? Can your voter registration database be similarly linked 

with databases in any other state or federal agencies? Please describe these links, 

including any use of database matching to verify voter registration applications. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (B4) below this line.]

Alaska’s voter registration database is not linked to any other state or federal database. The 

division of elections has the ability to query the state’s driver’s license database. 

[End response to above question (B4) above this line.] 
OMB Control No. 3265-0006 15 Expiration Date 5/31/2013 

B5. Please describe how your state uses National Change of Address (NCOA). What has 

been your state’s experience with NCOA? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (B5) below this line.]

The division does not use the NCOA. 

[End response to above question (B5) above this line.] 

B6. Please describe your state’s voting eligibility requirements as they relate to 

individuals with a felony conviction. (For example, are convicted felons allowed to vote 

while in prison or while on parole or probation? Are voting rights automatically 

restored or does the individual have to apply for a pardon, certificate of eligibility or 

other similar certificate? Does an individual whose voting rights have been restored 

have to produce documentation of his/her status when registering to vote?) 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (B6) below this line.]

AS 15.07.135 states that the registrations of persons convicted of felonies involving mortal 

turpitude shall be canceled. 

Restoration of their rights occurs when they re-register showing proof they have been 

unconditionally discharged from custody. 

Sec. 15.07.135. Cancellation of registration of convicted persons. 

(a) The director shall make reasonable efforts to obtain the names of persons convicted 

of a felony involving moral turpitude. Promptly after receipt of evidence satisfactory to the 

director that a person has been convicted of a felony involving moral turpitude, the director 

shall cancel the registration of the person. 

(b) Upon presenting proof that a person whose registration was canceled under (a) of 

this section has been unconditionally discharged from custody, the person may register. The 

director shall make reasonable efforts to verify the unconditional discharge of persons 

applying for registration under this subsection. 

[End response to above question (B6) above this line.] 
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B7. Does your state currently use the Internet in any way to facilitate voter 

registration? If yes, please describe how your state allows voters to use the Internet in 

the registration process (e.g., entire registration completed online; completed online but 

then must be printed, signed, and mailed by voter, etc.). 

____ No Change Since 2008 X Changed Since 2008 

2008 Response:

[Begin response to above question (B7) below this line.]

Voters are able to access the state’s voter registration. The form must be printed, completed, 

signed and mailed by the voter. 

Voters may complete a voter registration online, however, it must still be printed and signed. 

The completed application may be mailed, faxed or sent via email to the division. 

The division now has an accessible voter registration form for voters needing to use a screen 

reader to use the internet. 

[End response to above question (B7) above this line.]
OMB Control No. 3265-0006 17 Expiration Date 5/31/2013 

SECTION C: ELECTION ADMINISTRATION 

 

C1. Please describe how all votes cast at a place other than the voter’s precinct of 

registration are tabulated (for example, please include descriptions of such votes as 

absentee ballots, mail-in ballots, votes cast at vote centers, provisional ballots, early 

voting locations, etc.). 

a. Are the votes counted centrally or at the precincts? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (a) below this line.]

All absentee, early, and questioned (provisional) ballots are counted in the Division of 

Elections regional offices. 

[End response to above question (a) above this line.] 

 b. If centrally tabulated, are the votes redirected to the appropriate 

 precinct for reporting in the canvass? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (b) below this line.]

No. All absentee, early and questioned (provisional) ballots are reported at the 

district level, not precinct level. 

[End response to above question (b) above this line.] 

 c. Are the absentee, mail, etc., votes reported separately for each precinct, 

 or are they added to the in-precinct results and reported as just a single 

 number? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (c) below this line.]

All absentee, early and questioned (provisional) ballots are reported at the district 

level. They are not included in the precinct results. 

[End response to above question (c) above this line.] 
OMB Control No. 3265-0006 18 Expiration Date 5/31/2013 

 d. How are UOCAVA ballots counted and reported? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (d) below this line.]

In the same manner as all other absentee ballots. 

[End response to above question (d) above this line.] 

C2. Does your state require a reason for voting absentee, or does your state allow noexcuse absentee voting? (If a reason is required, please provide the legal citation.) 

 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C2) below this line.]

Sec. 15.20.010. Persons who may vote absentee. 

At any election, a qualified voter may vote an absentee ballot for any reason. 

[End response to above question (C2) above this line.] 

C3. Does your state provide for in-person early voting? If so, how is early voting 

defined? When early voting is used, are the ballots counted at the precinct or at a 

central location? How are these votes reported? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C3) below this line.]

Yes. Early voting and absentee in person voting begin 15 days prior to each election. Early 

voted ballots are counted at the regional election offices and reported by district in the early 

voting category. Absentee in person ballots are counted at the regional election offices and 

reported by district in the absentee voting category. 

Sec. 15.20.061. Absentee voting in person. 

(a) A qualified voter may apply in person for an absentee ballot to the following election 

officials at the times specified: 
OMB Control No. 3265-0006 19 Expiration Date 5/31/2013 

(1) to an absentee voting official on or after the 15th day before an election up to and 

including the date of the election; 

(2) to an election supervisor on or after the 15th day before an election up to and 

including the date of the election; 

(3) to an absentee voting official at an absentee voting station designated under AS 

15.20.045 (b) on or after the 15th day before an election up to and including the date of the 

election; 

(4) to an absentee voting official in the precinct in which no volunteers can be located to 

serve on the election board on or after the 15th day before an election up to and including 

election day. 

(b) On receipt of an application in person for an absentee ballot and exhibition of proof 

of identification as required in AS 15.15.225, the absentee voting official or election 

supervisor shall issue the ballot to the applicant.

(c) On receipt of an absentee ballot in person, the voter shall proceed to mark the ballot 

in secret, to place the ballot in the secrecy sleeve, to place the secrecy sleeve in the envelope 

provided, and to sign the voter's certificate on the envelope in the presence of the election 

official who shall sign as attesting official and date that signature. The election official shall 

then accept the ballot. 

(d) The election official may not accept a marked ballot that has been exhibited by an 

absentee voter with intent to influence other voters. If the absentee voter spoils a ballot, the 

voter may request and the election official shall provide another ballot up to a maximum of 

three. Exhibited or spoiled ballots shall be destroyed. The numbers of all ballots destroyed 

shall be noted on the ballot statement. 

(e) Each election official shall keep a record of the names and signatures of voters who 

cast absentee ballots before the election official and the dates on which the ballots were cast. 

Sec. 15.20.064. Early voting. 

(a) For 15 days before an election and on election day, a qualified voter who meets the 

requirements set out in this section may vote in locations designated by the director. 

(b) The election supervisor or other election official shall issue a ballot to the voter upon 

(1) exhibition of proof of identification as required in AS 15.15.225; 

(2) verification that the voter's residence address appearing on the official registration 

list is current; and 

(3) the voter's signing the early voting register. 
OMB Control No. 3265-0006 20 Expiration Date 5/31/2013 

(c) After the voter has marked the ballot, the voter shall place the ballot in the secrecy 

sleeve and inform the election supervisor or other election official. The voter shall deposit 

the ballot in the ballot box in the presence of the election supervisor or other election official 

unless the voter requests the election supervisor or other election official to deposit the ballot 

on the voter's behalf. The tabulation of early voting ballots may not begin before 8:00 p.m. 

prevailing time on election day. 

(d) The director shall designate locations for early voting by June 1 of an election year. 

[End response to above question (C3) above this line.] 

C4. Do any jurisdictions in your state use a vote-by-mail system to replace (and not 

merely supplement) at-the-precinct voting in any elections? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C4) below this line.]

N/A. The State of Alaska is responsible for conducting all state and federal elections. AS 

15.20.800 does not allow the Division of Elections to conduct the primary or general 

elections by mail. 

[End response to above question (C4) above this line.] 

C5. Please list each of the situations that require a provisional ballot in your state. 

Please provide the relevant legal citation for each situation. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C5) below this line.]

In Alaska, provisional ballots are known as questioned ballots. 

Voters are required to vote a questioned ballot under the following situations: 

1. Voter’s name does not appear on register. AS 15.15.198 

Sec. 15.15.198. Voters not on official registration list. 

(a) If a voter's name does not appear on the official registration list in the precinct in 

which the voter seeks to vote, the election official shall affirmatively advise the voter that the 

voter may cast a questioned ballot, and the voter shall be allowed to vote a questioned ballot. 
OMB Control No. 3265-0006 21 Expiration Date 5/31/2013 

At the time the voter casts a questioned ballot, the voter shall be given written information 

stating that the voter will be able to ascertain whether the ballot was counted and, if not 

counted, the reason the ballot was not counted. 

(b) A person whose registration is inactive under AS 15.07.130(b) and who votes a 

questioned or absentee ballot shall have the ballot counted if 

(1) the person was registered to vote in the last four calendar years; 

(2) the person signs a statement to that effect; and 

(3) the earlier registration is verified by the director. 

2. Voter does not have proper identification. AS 15.15.210 

Sec. 15.15.210. Questioning of voters of suspect qualification. 

Every election official shall question, and every watcher and any other person qualified to 

vote in the precinct may question, a person attempting to vote if the questioner has good 

reason to suspect that the questioned person is not qualified under AS 15.05. All questions 

regarding a person's qualifications to vote shall be made in writing setting out the reason the 

person has been questioned. A questioned person shall, before voting, subscribe to a 

declaration in a form provided by the director attesting to the fact that in each particular the 

person meets all the qualifications of a voter, is not disqualified, and has not voted at the 

same election, and certifying that the person understands that a false statement on the 

declaration may subject the person to prosecution for a misdemeanor under this title or AS 

11. After the questioned person has executed the declaration, the person may vote. If the 

questioned person refuses to execute the declaration, the person may not vote. 

3. Voter’s residence address has changed. AS 15.07.090

Sec. 15.07.090. Voting after change of name; reregistration; amendment or transfer of 

registration. 

(a) A voter whose name is changed by marriage or court order may vote under the 

previous name, but a voter who desires to use a new name shall vote a questioned ballot. 

(b) A voter shall reregister if the voter's registration is cancelled as provided in AS 

15.07.130 . The reregistration is effective for the next election that occurs at least 30 days 

after the date of reregistration. 

(c) The director shall transfer the registration of a voter from one precinct to another 

within a house district when requested by the voter. The request shall be made 30 or more 

days before the election day. The director shall transfer the registration of a voter from one 

house district to another when requested by the voter. The voter must reside in the new house 

district for at least 30 days in order to vote. 
OMB Control No. 3265-0006 22 Expiration Date 5/31/2013 

(d) A person who claims to be a registered voter, but for whom no evidence of 

registration in the precinct can be found, shall be granted the right to vote in the same manner 

as that of a questioned voter and the ballot shall be treated in the same manner. The ballot 

shall be considered to be a "questioned ballot" and shall be so designated. The director or the 

director's representative shall determine whether the voter is registered in the house district 

before counting the ballot. A voter who has failed to obtain a transfer as provided in (c) of 

this section shall vote a "questioned ballot" in the precinct in which the voter resides. 

4. Voter’s qualifications are questioned. AS 15.15.225 

Sec. 15.15.225. Voter identification at polls. 

(a) Before being allowed to vote, each voter shall exhibit to an election official one form 

of identification, including 

(1) an official voter registration card, driver's license, state identification card, current 

and valid photo identification, birth certificate, passport, or hunting or fishing license; or 

(2) an original or a copy of a current utility bill, bank statement, paycheck, government 

check, or other government document; an item exhibited under this paragraph must show the 

name and current address of the voter. 

(b) An election official may waive the identification requirement if the election official 

knows the identity of the voter. The identification requirement may not be waived for voters 

who are first-time voters who initially registered by mail or by facsimile or other electronic 

transmission approved by the director under AS 15.07.050, and did not provide identification 

as required in AS 15.07.060. 

(c) A voter who cannot exhibit a required form of identification shall be allowed to vote 

a questioned ballot. 

[End response to above question (C5) above this line.] 

C6. Does your state count provisional ballots of voters who are registered in different 

precincts, or are those ballots automatically rejected? Please describe the process used 

by local election officials in determining whether to count a provisional ballot. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C6) below this line.]

All questioned ballots are reviewed by a bi-partisan board to determine the eligibility of the 

voter to have cast the ballot. Alaska does count questioned ballots if the voter is registered 

anywhere in the state. 
OMB Control No. 3265-0006 23 Expiration Date 5/31/2013 

Sec. 15.20.207. Procedure for district questioned ballot review. 

(a) The district questioned ballot counting board shall examine each questioned ballot 

envelope and shall determine whether the questioned voter is qualified to vote at the election 

and whether the questioned ballot has been properly cast. 

(b) A questioned ballot may not be counted if the voter 

(1) has failed to properly execute the certificate;

(2) is a first-time voter who initially registered by mail or by facsimile or other 

electronic transmission approved by the director under AS 15.07.050 , has not provided the 

identification required by AS 15.15.225(a), was not eligible for waiver of the identification 

requirement under AS 15.15.225 (b), and has not provided the identifiers required in AS 

15.07.060 (a)(2) and (3) that can be verified through state agency records described in AS 

15.07.055 (e); or 

(3) is a voter other than one described in (2) of this subsection, did not provide 

identification described in AS 15.15.225 (a), was not personally known by the election 

official, and has not provided the identifiers required in AS 15.07.060 (a)(2) and (3). 

(c) Any person present at the district questioned ballot review may challenge the name 

of a questioned voter when read from the voter's certificate on the envelope if the person has 

good reason to suspect that the questioned voter is not qualified to vote, is disqualified, or has 

voted at the same election. The person making the challenge shall specify the basis of the 

challenge in writing. The district questioned ballot counting board by majority vote may 

refuse to accept and count the questioned ballot of a person properly challenged under 

grounds listed in (b) of this section. 

(d) The election supervisor shall place all rejected questioned ballots in a separate 

envelope with statements of challenge. The envelope shall be labeled "rejected questioned 

ballots" and shall be forwarded to the director with the election certificates and other returns. 

(e) If a questioned ballot is not rejected, the envelope shall be opened and the secrecy 

sleeve containing the questioned ballot shall be placed in a container and mixed with other 

secrecy sleeves containing questioned ballots. 

(f) The secrecy sleeves shall be drawn from the container, the questioned ballots shall be 

removed from the secrecy sleeves, and the questioned ballots counted at the times specified 

in AS 15.20.205 and according to the rules for determining properly marked ballots in AS 

15.15.360. 

(g) Upon completion of the questioned ballot review, the election supervisor shall 

prepare an election certificate for execution by the district questioned ballot counting board, 

and shall forward the original certificate and returns to the director as soon as the count is 

completed but no later than the 16th day following the election. 
OMB Control No. 3265-0006 24 Expiration Date 5/31/2013 

(h) The director shall prepare and mail to each questioned voter whose questioned ballot 

was rejected under this section a summary of the reason that the challenge to the questioned 

ballot was upheld and the questioned ballot was rejected. 

(i) The director shall mail the materials described in (h) of this section to the voter not 

later than 

(1) 10 days after completion of the review of ballots by the state review board for a 

primary election; 

(2) 60 days after certification of the results of a general or special election. 

(j) In addition to mailing the materials under (i)(1) of this section, for a questioned voter 

whose questioned primary election ballot was rejected, not later than the deadline set out in 

(i)(1) of this section, the director shall 

(1) determine whether, from the information obtained under AS 15.07.070(h), the voter's 

name may be entered on the voter registration list;

(2) if the voter is eligible, register the voter in accordance with the information 

submitted by the voter under AS 15.07.070 (h); and 

(3) confirm or deny the registration by written notice mailed to the voter. 

(k) The director shall make available through a free access system to each voter voting a 

questioned ballot a system to check to see whether the voter's ballot was counted and, if not 

counted, the reason why the ballot was not counted. The director shall make this information 

available through the free access system not less than 10 days after certification of the results 

of a primary election and not less than 30 days after the certification of the results of a 

general or special election. 

[End response to above question (C6) above this line.] 

C7. Please describe your state’s laws regarding post-election audits, if any. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C7) below this line.]

The election results are reviewed by a bi-partisan State Ballot Counting Review Board. The 

board reviews the precinct, absentee and questioned ballot results. 

AS 15.15.420, 15.15.430, 15.15.440 and 15.15.450 

Sec.15.15.420. Duty to review the ballot counting. 
OMB Control No. 3265-0006 25 Expiration Date 5/31/2013 

The director shall review the counting of the ballots with the assistance of and in the presence 

of the appointed representatives from the political parties. 

Sec. 15.15.430. Scope of the review of ballot counting. 

(a) The review of ballot counting by the director shall include only 

(1) a review of the precinct registers, tallies, and ballots cast; 

(2) a review of absentee and questioned ballots as prescribed by law; and 

(3) unless the ballot for the election district contains nothing but uncontested offices, a 

hand count of ballots from one randomly selected precinct in each election district that 

accounts for at least five percent of the ballots cast in that district. 

(b) If, following the ballot review set out in (a) of this section, the director finds there is 

a discrepancy of more than one percent between the results of the hand count under (a)(3) of 

this section and the count certified by the election board, the director shall conduct a hand 

count of the ballots from that district. 

(c) If the director finds an unexplained discrepancy in the ballot count in any precinct, 

the director may count the ballots from that precinct. 

(d) The director shall certify in writing to the state ballot counting review board and 

publish on the division's Internet website any changes resulting from a count performed 

under (b) or (c) of this section. 

Sec. 15.15.440. State ballot counting review. 

The state ballot counting review shall begin as soon as practicable after the election is 

completed and no later than 16 days after an election and shall be continued until completed. 

The director may designate the hours each day during which the state ballot counting review 

board is to conduct its ballot counting review. The director shall close the review when the 

director is satisfied that no missing precinct certificate of election would, if received, change 

the result of the election. If no election certificate has been received from a precinct, the 

director may secure from the election supervisors and may count a certified copy of the 

duplicate election certificate of the precinct. If no election materials have been received, but 

election results have been received by telephone, telegram, or radio, the director shall count 

the election results so received. If the director has reason to believe that a missing precinct 

certificate, if received, would affect the result of the election, the director shall await the 

receipt of the certificate until the close of business on the 15th day after the date of election. 

A certificate not actually delivered to the director by the close of business on the 15th day 

after the election may not be counted at the state ballot counting review. 

Sec. 15.15.450. Certification of state ballot counting review. 
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Upon completion of the state ballot counting review the director shall certify the person 

receiving the largest number of votes for the office for which that person was a candidate as 

elected to that office and shall certify the approval of a justice or judge not rejected by a 

majority of the voters voting on the question. The director shall issue to the elected 

candidates and approved justices and judges a certificate of their election or approval. The 

director shall also certify the results of a proposition and other question except that the 

lieutenant governor shall certify the results of an initiative, referendum, or constitutional 

amendment. 

[End response to above question (C7) above this line.] 

C8. Please describe any state requirements for poll worker training. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (C8) below this line.]

Election worker training is mandatory. 

Sec. 15.10.107. Staff training. 

The director shall, before each primary election in even-numbered years, provide for a 

comprehensive training program for election officials, both the full-time members of the staff 

of the division of elections and those who are appointed as members of election boards under 

AS 15.10.120 - 15.10.140 and other temporary election employees. The director shall prepare 

and, not later than March 1, file with the lieutenant governor a plan that describes the 

comprehensive training program for election officials to be provided to those officials during 

that calendar year. 

[End response to above question (C8) above this line.] 
OMB Control No. 3265-0006 27 Expiration Date 5/31/2013 

SECTION D: ELECTION DAY ACTIVITIES 

D1. Please describe your state’s process for capturing “over-vote” and “under-vote” 

counts. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (D1) below this line.]

The State’s ballot tabulation system keeps track of the number of over-vote and under-vote 

counts. Reports printed from the system can include these numbers. 

[End response to above question (D1) above this line.] 

D2. What identification does your state require from voters in the following situations: 

a. registering to vote; 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (a) below this line.]

Sec. 15.07.060 (c) outlines the identification requirements for registering to vote as follows: 

(c) Each applicant who requests registration in person before a registration official shall 

exhibit one form of identification to the official, including a driver's license, state 

identification card, current and valid photo identification, birth certificate, passport, or 

hunting or fishing license. A registration official who knows the identity of the applicant may 

waive the identification requirement. 

(d) If the applicant requests reregistration, the applicant shall supply under oath any 

former name under which the applicant was registered to vote in the state. 

(e) For an applicant requesting initial registration by mail or by facsimile or other 

electronic transmission approved by the director under AS 15.07.050 , the director shall 

verify the information provided in compliance with (a)(2) and (3) of this section through state 

agency records described in AS 15.07.055 (e). If the applicant cannot comply with the 

requirement of (a)(2) of this section because the applicant has not been issued any of the 

listed numbers, the applicant may instead submit a copy of one of the following forms of 

identification: a driver's license, state identification card, current and valid photo 

identification, birth certificate, passport, or hunting or fishing license. 
OMB Control No. 3265-0006 28 Expiration Date 5/31/2013 

(f) If an applicant who requests registration cannot comply with the requirement of 

(a)(2) of this section because the applicant has not been issued any of the listed numbers, the 

division shall assign the applicant a unique identifying number. 

6 AAC 25.027. Registration of Voters. 

(a) An applicant who requests registration or reregistration in person before a registration 

official must provide proof of identification. Proof of identification includes the applicant's 

(1) driver's license; 

(2) state identification card; 

(3) passport; 

(4) military identification card; 

(5) hunting or fishing license; 

(6) birth certificate; or 

(7) current and valid photo identification, other than those otherwise specified in this 

subsection. 

(b) Proof of identification required under (a) of this section may be waived if the applicant 

applying for registration or reregistration in person is personally known by the registration 

official. An applicant is personally known by the registration official if the registration 

official is able to identify and address the applicant by first and last name. 

(c) An individual may request registration or reregistration on behalf of a voter if the voter 

has executed a general power of attorney in accordance with AS 13.26.332 or a special 

power of attorney in accordance with 6 AAC 25.683 authorizing that individual to register 

the voter. In addition to the completed registration application and applicable identification 

and proof of residency documentation for the voter, that individual must provide, for each 

registration or reregistration, 

(1) identification as listed in (a) of this section, and 

(2) a copy of the power of attorney authorizing the individual to register the voter on that 

voter's behalf. 

(d) An applicant or an individual acting on behalf of an applicant with a power of attorney 

who requests registration or reregistration by mail from outside this state must provide 

identification or other documentation that supports the applicant's claim to Alaska residency. 

If a form of identification required under (a) of this section is provided for proof of 
OMB Control No. 3265-0006 29 Expiration Date 5/31/2013 

residency, the identification must include an Alaska residence address. Other forms of 

documentation include 

(1) a military leave and earnings statement that identifies Alaska as the applicant's state of 

legal residence; 

(2) proof of employment in this state that indicates a date on which the applicant was 

employed; or 

(3) proof of an Alaska student loan and college tuition showing Alaska as the state of 

residence. 

(e) A person's voting qualifications or residency are not dependent on those of the person's 

spouse, parent, or legal guardian. Each applicant for registration or reregistration must be 

personally qualified under AS 15.05.010 and 15.05.011, and must have personally 

established residency in the State of Alaska by physical presence in the state and present 

intention to establish a permanent dwelling in Alaska as provided in AS 15.05.020 . 

(f) An applicant initially registering or reregistering to vote by mail or by electronic 

transmission must have the applicant's identity verified following the identification 

requirements specified in AS 15.07.060 (a)(2) - (3) and (e). If the applicant's identity cannot 

be verified with the application, an acknowledgement card will be sent to the applicant 

informing the applicant that the applicant is registered to vote. However, the first time the 

applicant votes, the applicant shall provide proof of identity as specified in AS 15.15.225 , or 

the applicant may submit a copy of one of the forms of identification specified in AS 

15.07.060 (e) to receive a voter's identification card. 

(g) In addition to the information specified in AS 15.07.195 (a), a telephone number and an 

electronic mail address provided by the applicant when registering to vote are considered 

confidential and will not be released to the general public. 

(h) The documentation provided under (c) of this section will be microfilmed or otherwise 

retained by the division as part of the voter's record. 

Authority: AS 15.05.010, AS 15.05.011, AS 15.05.020, AS 15.07.030, AS 15.07.050, AS 

15.07.060, AS 15.07.070, AS 15.07.195, AS 15.15.225 

[End response to above question (a) above this line.] 
OMB Control No. 3265-0006 30 Expiration Date 5/31/2013 

b. casting an in-person ballot; 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (b) below this line.]

Sec. 15.15.225. Voter identification at polls. 

(a) Before being allowed to vote, each voter shall exhibit to an election official one form 

of identification, including 

(1) an official voter registration card, driver's license, state identification card, current 

and valid photo identification, birth certificate, passport, or hunting or fishing license; or 

(2) an original or a copy of a current utility bill, bank statement, paycheck, government 

check, or other government document; an item exhibited under this paragraph must show the 

name and current address of the voter. 

(b) An election official may waive the identification requirement if the election official 

knows the identity of the voter. The identification requirement may not be waived for voters 

who are first-time voters who initially registered by mail or by facsimile or other electronic 

transmission approved by the director under AS 15.07.050, and did not provide identification 

as required in AS 15.07.060. 

(c) A voter who cannot exhibit a required form of identification shall be allowed to vote 

a questioned ballot. 

[End response to above question (b) above this line.] 

c. casting a mail-in or absentee vote; 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (c) below this line.]

Absentee in-person and early voters must provide identification as outlined above in 

AS 15.15.225. 

Voters voting absentee by-mail or fax shall provide at least one form of identification 

such as the voter registration number, social security number or last four digits of the 

social security number, date of birth, Alaska driver’s license or State ID number. AS 

15.20.081 and 6 AAC 25.510. 

In addition, under AS 15.20.081(f): 
OMB Control No. 3265-0006 31 Expiration Date 5/31/2013 

If the voter is a first-time voter who initially registered by mail or by facsimile or 

other electronic transmission approved by the director under AS 15.07.050 and has 

not met the identification requirements set out in AS 15.07.060, the voter must 

provide one of the following forms of proof of identification: 

1) a copy of a driver’s license, state identification card, current and valid photo 

identification, birth certificate, passport, or hunting or fishing license; or 

2) a copy of a current utility bill, bank statement, paycheck, government check, or 

other government document; an item provided under this paragraph must show 

the name and current address of the voter. 

[End response to above question (c) above this line.] 

d. casting a ballot under UOCAVA; 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (d) below this line.]

The same identification as casting a mail-in ballot

[End response to above question (d) above this line.] 

e. any other stage in registration or voting process in which identification is 

 required (please specify). 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (e) below this line.]

None 

[End response to above question (e) above this line.] 

D3. Please describe your state’s laws regarding access to the polling place for election 

observers. Election observers are people allowed inside the polling place who are not 

poll workers, election officials or voters. If decisions on access to observers are left to 

local jurisdictions, please explain. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:
OMB Control No. 3265-0006 32 Expiration Date 5/31/2013 

[Begin response to above question (D3) below this line.]

Sec. 15.10.170. Appointment and privileges of watchers. 

The precinct party committee, where an organized precinct committee exists, or the party 

district committee where no organized precinct committee exists, or the state party 

chairperson where neither a precinct nor a party district committee exists, may appoint one or 

more persons as watchers in each precinct and counting center for any election. Each 

candidate not representing a political party may appoint one or more watchers for each 

precinct or counting center in the candidate's respective district or the state for any election. 

Any organization or organized group that sponsors or opposes an initiative, referendum or 

recall may have one or more persons as watchers at the polls and counting centers after first 

obtaining authorization from the director. A state party chairperson, a precinct party 

committee, a party district committee, or a candidate not representing a political party or 

organization or organized group may not have more than one watcher on duty at a time in 

any precinct or counting center. The watcher may be present at a position inside the place of 

voting or counting that affords a full view of all action of the election officials taken from the 

time the polls are opened until the ballots are finally counted and the results certified by the 

election board or the data processing review board. The election board or the data processing 

review board may require each watcher to present written proof showing appointment by the 

precinct party committee, the party district committee, the organization or organized group, 

or the candidate the watcher represents that is signed by the chairperson of the precinct party 

committee, the party district committee, the state party chairperson, the organization or 

organized group, or the candidate representing no party. 

[End response to above question (D3) above this line.] 
OMB Control No. 3265-0006 33 Expiration Date 5/31/2013 

SECTION E: OTHER 

E1. Under HAVA, Section 402, states are required to establish and maintain 

administrative complaint procedures to remedy grievances. Has your state revised its 

administrative complaint procedures since they were first implemented? If so, how? 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (E1) below this line.]

No 

[End response to above question (E1) above this line.] 

E2. The Military and Overseas Voter Empowerment Act (MOVE) was signed into law 

on October 22, 2009. The MOVE Act contains, among other things, provisions 

regarding States’ methods of communication with UOCAVA voters and UOCAVA 

ballot transmission. 

Please describe your State’s processes and procedures for implementing MOVE 

(including any changes in your State’s laws or regulations) as they relate to: 

• Protecting the security and integrity of the voter registration and ballot 

application process, the privacy and personal information of the voter, and 

absentee ballots. (Sect. 577, 578) 

• Designating a means of electronic communication for all voting-related materials 

to UOCAVA voters. (Sect. 577) 

• Establishing a ballot tracking mechanism to allow voters to determine whether 

their ballots were received by the appropriate election official. (Sect. 580(d)) 

Also, please describe your State’s plans to capture data related to the number of 

registration applications, ballot applications, and blank ballots transmitted to

UOCAVA voters via mail and electronic means (Internet, email, fax) and the number of 

registration applications, ballot applications, and completed ballots returned by

UOCAVA voters via mail and electronic means (Internet, email, fax). 

This question was not asked in 2008. Please provide your answer below. 

[Begin response to above question (E2) below this line.]

Bullet 1: In accordance to Alaska Statute 15.07.195 certain information, under law, is 

required to be maintained as confidential information. Alaska Statute 40.21.110 and 

45.48.500 through 45.48.530 requires management and preservation of public records. In 

regards to email and online security, Alaska Division of Election follows the requirements as 

established by State of Alaska, Department of Administration, Enterprise Technology 

Services. Information about security policies is located at the web address of 
OMB Control No. 3265-0006 34 Expiration Date 5/31/2013 

https://intranet.state.ak.us/admin/SecurityPolicies/. Alaska maintains the privacy of ballots 

transmitted and returned following these above requirements as well as the privacy of 

electronic ballots. UOCAVA voters may choose to return their voted by-fax ballot through 

mail service or by fax. When returning a ballot by fax, the division maintains the privacy 

following regulation in Title 6 of the Alaska Administrative Code 25.680(g). 

Sec. 15.07.195. Certain information in voter registration records confidential. 

(a) The following information set out in state voter registration records is confidential 

and is not open to public inspection: 

(1) the voter's age or date of birth; 

(2) the voter's social security number, or any part of that number; 

(3) the voter's driver's license number; 

(4) the voter's voter identification number; 

(5) the voter's place of birth; 

(6) the voter's signature. 

(b) In addition to the information in (a) of this section, a voter may elect in writing to 

keep the voter's residential address confidential and not open to public inspection if the voter 

provides a separate mailing address. However, notwithstanding an election under this 

subsection, a voter's residential address may be disclosed to 

(1) a watcher appointed under AS 15.10.170 and, in the case of a watcher appointed by 

an organization or group sponsoring or opposing an initiative, referendum, or recall group, 

authorized by the director; 

(2) an observer of a recount provided under AS 15.20.440 (b) by a candidate, political 

party, or organized group having a direct interest in the recount; or 

(3) the subject of a recall election if the voter voted in the recall election. 

(c) Notwithstanding other provisions, and in compliance with federal law, information 

made confidential by this section may be released by the division 

(1) to a local, state, or federal government agency, including to the child support services 

agency created in AS 25.27.010 or the child support enforcement agency of another state; the 

agency receiving information under this paragraph may use the information only for 

governmental purposes authorized under law; 

(2) in compliance with a court order; 
OMB Control No. 3265-0006 35 Expiration Date 5/31/2013 

(3) to a person holding a writ of execution against the person or property of the voter; or 

(4) if the voter about whom information has been requested has provided written consent 

to the release. 

(d) Nothing in this section shall prohibit the release of a voter's voter ascension number 

if that information may be released under other provisions of law. 

Sec. 40.21.110. Care of records. 

Except for public records lawfully in the possession of a person other than the state, public 

records of existing or defunct agencies of the state, territorial, and Russian governments in 

Alaska are the property of the state and shall be created, maintained, preserved, stored, 

transferred, destroyed or disposed of, and otherwise managed in accordance with the 

provisions of this chapter and AS 45.48.500 - 45.48.530. Records shall be delivered by 

outgoing officials and employees to their successors, and may not be removed, destroyed, or 

disposed of, except as provided in this chapter and AS 45.48.500 - 45.48.530. 

Sec. 45.48.500. Disposal of records. 

(a) When disposing of records that contain personal information, a business and a 

governmental agency shall take all reasonable measures necessary to protect against 

unauthorized access to or use of the records. 

(b) Notwithstanding (a) of this section, if a business or governmental agency has 

otherwise complied with the provisions of AS 45.48.500 - 45.48.590 in the selection of a 

third party engaged in the business of record destruction, the business or governmental 

agency is not liable for the disposal of records under AS 45.48.500 - 45.48.590 after the 

business or governmental agency has relinquished control of the records to the third party for 

the destruction of the records. 

(c) A business or governmental agency is not liable for the disposal of records under AS 

45.48.500 - 45.48.590 after the business or governmental agency has relinquished control of 

the records to the individual to whom the records pertain. 

Sec. 45.48.510. Measures to protect access. 

The measures that may be taken to comply with AS 45.48.500 include 

(1) implementing and monitoring compliance with policies and procedures that require 

the burning, pulverizing, or shredding of paper documents containing personal information 

so that the personal information cannot practicably be read or reconstructed; 

(2) implementing and monitoring compliance with policies and procedures that require 

the destruction or erasure of electronic media and other nonpaper media containing personal 

information so that the personal information cannot practicably be read or reconstructed; 
OMB Control No. 3265-0006 36 Expiration Date 5/31/2013 

(3) after due diligence, entering into a written contract with a third party engaged in the 

business of record destruction to dispose of records containing personal information in a 

manner consistent with AS 45.48.500 - 45.48.590. 

Sec. 45.48.520. Due diligence. 

In AS 45.48.510 (3), due diligence ordinarily includes performing one or more of the 

following: 

(1) reviewing an independent audit of the third party's operations and its compliance 

with AS 45.48.500 - 45.48.590; 

(2) obtaining information about the third party from several references or other reliable 

sources and requiring that the third party be certified by a recognized trade association or 

similar organization with a reputation for high standards of quality review; or 

(3) reviewing and evaluating the third party's information security policies and 

procedures, or taking other appropriate measures to determine the competency and integrity 

of the third party. 

Sec. 45.48.530. Policy and procedures. 

A business or governmental agency shall adopt written policies and procedures that relate to 

the adequate destruction and proper disposal of records containing personal information and 

that are consistent with AS 45.48.500 - 45.48.590. 

6 AAC 25.680(g). Absentee voting by electronic transmission 

(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 . 
OMB Control No. 3265-0006 37 Expiration Date 5/31/2013 

Bullet 2: Alaska has a single source of electronic communication for UOCAVA voters since 

2004. UOCAVA voters may contact the division at www.akabsentee@alaska.gov. Contact, 

both through electronic communication, telephone and fax is published on the division’s 

website, absentee application and provided in the ballot packages sent to UOCAVA voters. 

Bullet 3: UOCAVA voters may track their application and ballot status at the division’s web 

page at https://webapp.state.ak.us/elections/voterstatus.jsp. 

Alaska has an established method for tracking blank ballots transmitted via fax service 

however, does not have a means for tracking the number of voter registration and absentee 

ballot applications transmitted via electronic method. Alaska does not distinguish the 

method in which applications are received from applicants. 

[End response to above question (E2) above this line.] 

E3. Please add any additional comments or information about your state’s election 

administration processes that would help to inform the EAC’s interpretation of your 

data. 

 X No Change Since 2008 _____ Changed Since 2008 

2008 Response:

[Begin response to above question (E3) below this line.]

In Alaska, all state and federal elections are conducted at the state level by the State of 

Alaska, Division of Elections. There are four election regions in the state. The Director of 

Elections supervises the voter registration and election administration activities throughout 

the state. 

[End response to above question (E3) above this line.] 

 

* The information collection associated with the Election Administration and Voting Survey is required for the 

EAC to meet its statutory requirements under the Help America Vote Act (HAVA) of 2002 (42 U.S.C. 15301), 

the National Voter Registration Act (NVRA) (42 U.S.C. 1973gg-1 et seq.), and the Uniformed and Overseas 

Citizens Absentee Voters Act (UOCAVA) (42 U.S.C. 1973ff-1). Respondent’s obligation to reply to this 

information collection is mandatory as required under NVRA (42 U.S.C. 1973gg-1 et seq.) and UOCAVA (42

U.S.C. 1973ff-1). This part of the information collection is being requested to help the EAC to better understand 

state laws governing federal elections. Respondents include the fifty states, the District of Columbia, and the 

U.S. Territories. This information will be made publicly available on the EAC website (www.eac.gov). 

According to the Paperwork Reduction Act of 1995, an agency may not conduct or sponsor, and a person is not 

required to respond to, a collection of information unless it displays a valid OMB control number. The valid 

OMB control number for this information collection is OMB Control No. 3265-0006 (expires 5/31/2013). The 

time required to complete this information collection is estimated to average 59 hours per state response. This 
OMB Control No. 3265-0006 38 Expiration Date 5/31/2013 

estimate includes the time for reviewing the instructions, gathering information, and completing the form. 

Comments regarding this burden estimate should be sent the U.S. Election Assistance Commission – 2010 

Election Administration and Voting Survey, 1201 New York Avenue, Suite 300, Washington, DC 20005.