Case Law

• Alaska Supreme Court Opinions

Statutes, Rules & Regulations

• Alaska Statutes
• Alaska Administrative Code

Constitutions

Miscellaneous

Search

Advertising with us can place you in front of thousands of visitors a day. Learn more!

Alaska Statutes.

Title 15. Elections

Chapter 20. Special Procedures For Elections

Section 207. Procedure For District Questioned Ballot Review.

AS 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.
   (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 or a special primary election under AS 15.40.140;
        (2) 60 days after certification of the results of a general or special election, other than a special primary election described in (1) of this subsection.
   (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
        (1) 10 days after certification of the results of a primary election or a special primary election under AS 15.40.140; and
        (2) 30 days after certification of the results of a general or special election, other than a special primary election described in (1) of this subsection.