6 Alaska Admin. Code § 25.570

Current through April 29, 2021
Section 6 AAC 25.570 - Witnessing absentee by-mail ballot
(a) A voter voting an absentee ballot by mail must have the voter's ballot certification on the envelope witnessed by
(1) an official authorized to administer an oath or by one individual 18 years of age or older 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 as described in (a) of this section, an individual must execute the witnessing affidavit by signing the witness's 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) If the signature of a witness as described in (a) of this section appears on the affidavit in a place other than the correct space provided, the incorrect placement of the signature will not cause the ballot to be rejected.
(e) A notary public commissioned in this state and serving as a witness on an absentee by-mail ballot oath and affidavit envelope shall affix the notary public's notary seal and indicate the date on which the notary's commission expires. However, failure of the notary to affix the seal or to provide the date on which the notary's 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 the official's title, the date of attestation, and the location at which the attestation took place. However, failure of an official witness to provide the official's 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 on the voter's own ballot certification on the envelope. The ballot of a voter who has signed as a witness to the voter's own voter certificate will not be counted.

6 AAC 25.570

Eff. 8/12/90, Register 115; am 8/22/2004, Register 171; am 5/14/2006, Register 178

Before Register 115, October 1990, the substance of 6 AAC 25.570 appeared in former 6 AAC 25.110.

Authority:AS 15.15.010

AS 15.15.220

AS 15.20.081

AS 15.20.203