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(a) A voter voting an absentee ballot by mail must have his or her ballot witnessed by
(1) an official authorized to administer an oath or by two individuals over the age of 18, as required by AS 15.20.081 (d); or
(2) an election official appointed under AS 15.10.120 or an absentee voting official appointed under AS 15.20.045 , during the official's term as described in 6 AAC 25.032.
(b) An official authorized to administer an oath or other individual serving as a witness to an absentee ballot voted by mail is attesting that the voter subscribed and swore to the oath in the presence of the witness and that to the best of the witness's knowledge
(1) the voter is the person he or she claims to be; and,
(2) the voter is the person who voted the ballot.
(c) In serving as a witness, an individual must execute the witnessing affidavit by signing his or her name. The signature of the witness may be any written or printed form of the witness's name or initials, or any mark intended as a signature.
(d) The signature of a witness which appears on the affidavit in a place other than the correct space provided will not cause the ballot to be rejected as long as
(1) the ballot has been witnessed by two individuals who have each signed the affidavit; or
(2) the ballot has been signed by one witness, and other information is provided which is sufficient to determine that the individual is an official authorized to administer an oath.
(e) An Alaska notary public serving as a witness on an absentee by-mail ballot oath and affidavit envelope, shall affix his or her notary seal and indicate the date on which his or her commission expires. However, failure of the notary to affix the seal or to provide the date on which his or her commission will expire will not cause the ballot to be rejected if the notary's authority can be verified through official notary records on file with the lieutenant governor.
(f) An official witness authorized to administer an oath shall provide his or her title, the date of attestation and the location at which the attestation took place. However, failure of an official witness to provide his or her official title, or provision of a title other than a title specified in AS 15.20.081 (d) will not cause the ballot to be rejected. In addition, failure of the official witness to state the date of attestation, or the location at which the attestation took place will not cause the ballot to be rejected if other information provided on the ballot is sufficient to reasonably determine that the ballot was voted on or before election day.
(g) Failure of a United States postal official serving as a witness to sign the attestation will not cause the ballot to be rejected if the postal official affixes the postal station's official postal stamp.
(h) An individual over the age of 18 who serves as a witness to a voter's certificate shall be asked to state the date of attestation, and the location at which the attestation took place. However, failure of the official witness to state the date of attestation, or the location at which the attestation took place will not cause the ballot to be rejected if other information provided on the certificate is sufficient to reasonably determine that the ballot was voted on or before election day.
(i) A voter may not serve as a witness to his or her own ballot. The ballot of a voter who has signed as a witness to his or her own voter certificate will not be counted.
History: Eff. 8/12/90, Register 115; am 8/22/2004, Register 171
Authority: AS 15.15.010
Editor's note: Before Register 115, October 1990, the substance of 6 AAC 25.570 appeared in former 6 AAC 25.110.
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Last modified 7/05/2006