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(a) If an election is set aside by court order, the director will promptly schedule a special election. The date of the special election will be determined by the director upon consideration of the time necessary to
(1) provide adequate public notice;
(2) prepare and distribute election materials;
(3) appoint and train election personnel; and
(4) obtain, as necessary, review and approval by federal agencies.
(b) Except as provided in this section, the provisions regarding the conduct of the election that was set aside by court order or for which no certification was issued, govern the conduct of the special election. The following provisions apply to a special election under this section:
(1) The director will place on the special election ballot the names of all candidates who were listed on the ballot in the election that was set aside or for which no certification of election or nomination was issued. Vacancies in nomination may be filled to the extent provided by law.
(2) The requirements in AS 15.10 and AS 15.20 regarding political party nomination or approval of bi-partisan boards do not apply to a special election conducted under this section if the director determines that those requirements will delay the special election. However, the director will advise the political parties of any appointment to a board and will, to the extent reasonable and practicable, solicit the advice of the political party. Any deadline regarding the appointment of board members does not apply to a special election conducted under this section.
(3) The director will determine whether ballots will be electronically tabulated or hand counted. The ballot counting procedures established by the director will maintain ballot security and will allow watchers to observe the counting process. The director may also establish expedited procedures to govern the review and counting of absentee and questioned ballots, and review by the state review board.
(4) Notwithstanding the provisions of 6 AAC 25.120(b) , if a special election is conducted under this section for a seat in the state legislature, the director will determine which of the absentee voting stations identified in 6 AAC 25.120 will be used for absentee voting in the special election.
(5) Applications for absentee voting by mail will be made available as promptly as possible upon scheduling of a special election under this section. If a regular absentee ballot is available in a timely fashion, the director will, in his or her discretion, waive preparation and distribution of the special absentee ballot described in AS 15.20.082 .
History: Eff. 1/27/89, Register 109; am 8/23/2001, Register 159; am 8/22/2004, Register 171
Authority: AS 15.10.105
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Last modified 7/05/2006