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Title 3 . Commerce, Community, and Economic Development
Chapter 49 . Telecommunications
Section 30. Ballot preparation, distribution

3 AAC 49.030. Ballot preparation, distribution

(a) The ballot must be printed on white paper. It may be printed on a punchcard. The ballot must be a separate document from the bill mailed to a subscriber or member. The ballot may contain only the text of the question as prescribed in AS 42.05.712 (d) and such other neutral language as is actually necessary to identify the document as a deregulation ballot under AS 42.05.712 and to state the deadline for marking the ballot and returning it to the commission for tabulation.

(b) The ballot must be mailed with, or at the same time as, the subscriber's or member's bill. If for technical or mechanical reasons the ballot cannot be mailed or delivered with the subscriber's or member's bill as prescribed in AS 42.05.712 (d), the ballot may be mailed or delivered separately from the bill, but it must be mailed or delivered at the same time as the bill. If the utility or the cooperative employs staggered or cyclical billing dates, all ballots must be mailed to subscribers or members on the applicable billing date.

(c) The envelope mailed or delivered to subscribers or members containing the ballot also may contain an instruction sheet explaining to the recipient that to ensure that a ballot will be counted, the voter must mark the ballot in the manner prescribed in 3 AAC 49.040(a) , and that the voter's certificate must be executed and the ballot mailed in the manner prescribed in 3 AAC 49.040(c) .

(d) The utility or cooperative shall mail or deliver to the commission all remaining ballots not mailed or delivered to its subscribers or members for disposition in accordance with 3 AAC 49.070. The utility or cooperative shall make this mailing or delivery to the commission within 15 days from the date it mailed or delivered ballots to its subscribers or members, together with a certification as to the number of ballots it printed, the number and date on which the ballots were mailed or delivered to subscribers or members, and the remaining number of ballots after that distribution was made.

(e) If a subscriber or member believes that he or she is eligible to vote in an election conducted under AS 42.05.712 but does not receive a ballot, that subscriber or member first must apply to the utility or cooperative for a ballot. If the utility or the cooperative rejects the subscriber's or member's request for a ballot, or if the supply of ballots has been turned over to the commission under (d) of this section, the subscriber or member may apply to the commission for determination of eligibility or for a ballot. If eligible, the commission will provide the subscriber or member with a ballot.

History: Eff. 8/14/80, Register 75; am 1/7/81, Register 77

Authority: AS 42.05.151 (a)

AS 42.05.712

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Last modified 7/05/2006