(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.
Terms Used In Alaska Statutes 15.20.207
ballot: means any document provided by the director on which votes may be cast for candidates, propositions, or questions. See Alaska Statutes 15.80.010
election official: means election board members, members of counting or review boards, employees of the division of elections, and absentee voting officials. See Alaska Statutes 15.80.010
person: includes a corporation, company, partnership, firm, association, organization, business trust, or society, as well as a natural person. See Alaska Statutes 01.10.060
special election: means an election held at a time other than when the general or primary election is held and an election called to be held with, and at the time of, the general or primary election. See Alaska Statutes 15.80.010
state: means the State of Alaska unless applied to the different parts of the United States and in the latter case it includes the District of Columbia and the territories. See Alaska Statutes 01.10.060
voter: means a person who presents oneself for the purpose of voting either in person or by absentee ballot. See Alaska Statutes 15.80.010
(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 Alaska Stat. § 15.07.050, has not provided the identification required by Alaska Stat. § 15.15.225(a), was not eligible for waiver of the identification requirement under Alaska Stat. § 15.15.225(b), and has not provided the identifiers required in Alaska Stat. § 15.07.060(a)(2) and (3) that can be verified through state agency records described in Alaska Stat. § 15.07.055(e); or(3) is a voter other than one described in (2) of this subsection, did not provide identification described in Alaska Stat. § 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in Alaska Stat. § 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 Alaska Stat. § 15.20.205 and according to the rules for determining properly marked ballots in Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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 Alaska Stat. § 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.
