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AN INITIATIVE TO ALLOW QUALIFIED INDIVIDUALS TO REGISTER TO WHEN SUBMITTING A PERMANENT FUND DIVIDEND APPLICATION

A Bill By Initiative For An Act Entitled

“An Act relating to the permanent fund dividend application and the registration of voters; and providing for an effective date.”

BE IT ENACTED BY THE PEOPLE OF THE STATE OF ALASKA:

Section 1. The uncodified law of the State of Alaska is amended by adding a section to read:

FINDINGS AND INTENT. (a) The People of the State of Alaska find:

(1) the cornerstone of American democracy is the right to vote;

(2) the state should not introduce needless bureaucratic requirements that make it more difficult for qualified citizens to exercise their right to vote;

(3) the State of Alaska currently requires individuals who wish to receive a permanent fund dividend to submit an annual application to the State;

(4) PFD applicants who also wish to register to vote, or to update their voter registration, must submit information to the State a second time, using a diffe1·ent form;

(5) the State can relieve qualified voters who apply for a PFD from the burden of having to complete additional paperwork; and

(6) the State can use PFD-application data to ensure voter-registration data are current.

Section 2. AS 15.07.0S0(a) is amended to read:

(a) Registration may be made

(1) in person before a registration official or through a voter registration agency;

(2) by another individual on behalf of the voter if the voter has executed a written general powe1· of attorney or a written special power of attorney authorizing that other individual to register the voter;

(3) by mail; [OR]

(4) by facsimile transmission, scanning, or another method of electronic transmission that the director approves; or

(5) by completing a permanent fund dividend application under AS 43.23.015.

Sec. 3. AS15.07.060(e) is amended to read:

(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, or completing a permanent fund dividend application, 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.

Sec. 4. AS15.07.070(f) is amended to read:

(f) Incomplete or inaccurate registration forms may not be accepted. A person who submitted an incomplete or inaccurate registration form may register by reexecuting and resubmitting a registration form in person, by mail, or by facsimile or other electronic transmission approved by the director under AS 15.07.050. The requirements of (c) or (d) of this section apply to a registration form resubmitted under this subsection. Notwithstanding the foregoing, an application made under AS 43.23.015 that contains the information required by AS 15.07.060(a)(1)-(4) and (7)­ (9), and an attestation that such information is true, shall not be deemed an incomplete registration form, and shall be accepted in accordance with AS 15.07.070(i).

Sec, 5. AS 15.07.070 is amended by adding a new subsection to read:

(i) The division shall register voters who submit an application to receive a permanent fund dividend in accordance with this subsection.

(1) The division shall cooperate with the Department of Revenue under AS 43.23.016 to ensure that the permanent fund dividend application form furnished by the Department of Revenue under AS 43.23.015 allows an applicant, a person who is designated in a power of attorney to act on behalf of an applicant, or a person acting on behalf of a physically disabled applicant to submit voter registration information required under AS 15.07.060(a)(l)-(4) and (7)-(9), and an attestation that such information is true. The director may require proof of identification of the applicant, if not already in the Department of Revenue’s possession, as required by regulations adopted by the director under AS 44.62 (Administrative Procedure Act).

(2) Upon receipt of the 1·egistration information, the director shall, as soon as practicable and in accordance with a schedule established by the director by rule, notify by U.S. mail, and any other means authorized by the director, each applicant not already registered to vote at the address provided in the applicant’s application

(A) of the processes to

(i) decline to be registered as a voter,

(ii) maintain an existing voter registration, or be newly registered, at a valid place of residence not the provided in the applicant’s application, and

(iii) adopt a political party affiliation; and

(B) that failure to respond to the notification shall constitute the applicant’s consent to cancel any registration to vote in another jurisdiction.

(3) If an applicant does not decline to be registered as a voter within 30 calendar days after the director issues the notification, the application under AS 43.23.015 will constitute a completed registration form. The name of the applicant shall be placed on the master register if the director determines that the person is qualified to vote under AS 15.05.010, and the director shall forward to the applicant a registration card. If registration. is denied, the applicant shall immediately be informed in writing that registration was denied and the reason for denial.

(4) Any person who is not eligible to vote and who becomes registered under this provision through human or mechanical error shall not be found on that basis to have had the intent to unlawfully register to vote.

Sec. 6. AS 43.23.015(b) is amended to read:

(b) The department shall prescribe and furnish an application form for claiming a permanent fund dividend. The application must include

(1) notice of the penalties provided for under AS 43.23.035;

(2) [AND CONTAIN] a statement of eligibility and a certification of residency;

(3) the means for an applicant eligible to vote under AS 15.05, or a person authorized to act on behalf of the applicant, to furnish information required by AS 15.07.060(a)(l)-(4) and (7)-(9), and an attestation that such information is true.

Sec. 7. AS 43.23.016 is repealed and reenacted to read: Sec. 43.23.016. Voter registration. The commissioner shall establish by rule a schedule by which the commissioner will provide, and shall provide as soon as is practicable the director of elections with

(a) electronic records from the permanent fund dividend applications of the information required by AS15.07.060(a)(l)-(4) and (7)-(9), and the attestation that such information is true, for each permanent fund dividend applicant who

(1) is a citizen of the United States, and

(2) is at least 18 years of age or will be within 90 days of the date of the application, and

(b) the mailing addresses for all permanent fund dividend applicants.

Sec. 8. AS 43.23.017(a) is amended to read:

(a) Except as provided in (c) of this section, information [INFORMATION] on each permanent fund dividend application, except the applicant’s name, is confidential. The department may only release information that is confidential under this section

(1) to a local, state, or federal government agency;

(2) in compliance with a court order;

(3) to the individual who or agency that files an application on behalf of another,

(4) to a banking institution to verify the direct deposit of a permanent fund dividend or correct an error in that deposit;

(5) as directed to do so by the applicant; [AND]

(6) to a contractor who has a contract with a person entitled to obtain the information under (1) – (5) of this section to receive, store, or manage the information on that person’s behalf; a contractor receiving data under this paragraph may only use the data as directed by and for the purposes of the person entitled to obtain the information[.];

(7) to the division of elections, as required by AS 43.23.016.

Sec. 9, AS 43.23.017 is amended by adding a new subsection to read:

(c) Information submitted on a permanent fund dividend application that is used for the purpose of registering an applicant to vote under AS 43.23.016 shall be kept confidential by the division of elections as provided in AS15.07.195. *Sec. 10. The uncodified law of the State of Alaska is amended by adding a new section to read: It is the intention of the people of Alaska that, if any provision of this Act shall be held to be invalid by a court of competent jurisdiction, the remainder shall not be affected and shall be given effect to the fullest extent possible. *Sec. 11. The uncodified law of the State of Alaska is amended by adding a new section to read: This Act shall take effect 90 days after enactment.