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(a) An application for an absentee ballot that indicates that the absentee ballot will be returned by electronic transmission will be accepted if received by the division no earlier than 15 days, and no later than 5:00 p.m., prevailing time, the day before a state election as defined in AS 15.20.225 . The application must include the voter's name, Alaska residence address, ballot mailing address or telephone number of the facsimile machine to which the ballot is to be sent, and signature, a telephone number where the voter can be contacted, and a form of identification. The form of identification provided must be the voter's
(1) voter registration number;
(2) social security number or last four digits of the voter's social security number;
(3) date of birth;
(4) Alaska driver's license number; or
(5) Alaska State identification number.
(b) An application for an absentee ballot received by electronic transmission that indicates that the absentee ballot will be returned by mail will be accepted by the division subject to the provisions of AS 15.20.081 (b).
(c) An application for an absentee ballot received by electronic transmission will be treated in the same manner as an application for an absentee ballot received by mail, except that a notation will be made on the absentee ballot application log when an application is received by electronic transmission.
(d) If an absentee ballot is sent to a voter by electronic transmission, the ballot will include
(1) a transmittal form;
(2) instructions to the voter with procedures for returning the completed ballot by electronic transmission or by mail, including a telephone number for a central facsimile machine in the director's office to which all ballots returned by electronic transmission are to be transmitted, and the address of the appropriate regional office of the division to which the ballot must be mailed; and
(3) the statements required by AS 15.20.066 (b), with places for the voter and witnesses to sign.
(e) The instructions sent to the voter under (d)(2) of this section will include a description of the procedures that a voter returning the ballot must follow if the voter wishes to ensure that the voted ballot is not seen by a division employee. The instructions will also inform the voter that if the voter does not follow these instructions, the ballot will be counted, unless it is sent in violation of (i) of this section or is otherwise ineligible. The instructions will also inform the voter that the voter assumes the risk that faulty electronic transmission may occur. The division will not accept multiple transmissions of a voted ballot or any other voting material submitted by the voter. The earliest date and timed version of a voted ballot or any other voting material received by the division will be accepted. All other versions of a voted ballot or any other voting material will be rejected.
(f) When a completed absentee ballot is received by electronic transmission, the division will note the date of receipt on the absentee ballot application log and, if the ballot is received on election day, the time of receipt. The division will then
(1) remove the ballot portion of the transmission from the portion that identifies the voter;
(2) place the ballot portion in a secrecy sleeve;
(3) seal the secrecy sleeve in an outer envelope of the type used for absentee ballots returned by mail, and seal 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 .
(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 .
(i) An absentee ballot that was sent to a voter by electronic transmission and was returned by mail will not be counted if the envelope in which the ballot is returned contains the ballot of more than one voter.
(j) In this section,
(1) repealed 8/22/2004;
(2) repealed 8/22/2004;
(3) "electronic transmission" means transmission by facsimile machine.
History: Eff. 8/24/96, Register 139; em am 6/22/98 - 10/19/98, Register 147; am 8/13/2000, Register 155; am 8/22/2004, Register 171
Authority: AS 15.15.010
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Last modified 7/05/2006