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HB 390

An Act relating to elections; relating to voters; relating to voting; relating to voter registration; relating to election administration; relating to campaign contributions; relating to write-in candidates for President and Vice-President of the United States; relating to the crimes of unlawful interference with voting in the first degree, unlawful interference with an election, and election official misconduct; relating to voter registration on permanent fund dividend applications; relating to the duties of the commissioner of revenue; and providing for an effective date.

34th Legislature (2025-2026)

HB 390 expands voter verification, data sharing safeguards, ballot design and write-ins, strengthens election interference penalties, and boosts rural voting access and ballot trac

(H) REFERRED TO STATE AFFAIRS
#campaigns #crimes #disclosure #elections #permanentfund #residency #voting
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Bill Summary · HB 390

Overview

HB 390 is an Act relating to elections, voters, voting, voter registration, election administration, campaign contributions, write-in candidacies for President and Vice-President, certain election-related crimes, and related duties. It also includes provisions connecting voter registration with Permanent Fund Dividend (PFD) applications and expands reporting and compliance measures tied to the Department of Revenue and voter data. The bill includes new procedures, reporting requirements, and several effective-date milestones.

Main purpose and intent

  • Tighten and modernize voter registration processes and maintenance.
  • Enhance election integrity through reporting, data sharing controls, and signature verification.
  • Expand ballot design, voting options (including write-ins for President/Vice-President), and ballot-tracking capabilities.
  • Regulate campaign contributions’ “true source” definitions and strengthen crime definitions related to interference with voting and election officials.
  • Create cooperative data-sharing protocols between the Division of Elections and the Department of Revenue (PFD processes) while protecting confidential information.
  • Improve access to voting in rural areas, including absentee and early voting support.
  • Require annual audits and public reporting on master voter registers and data security.

Key provisions and changes

  • Identification and registration:
    • In-person registration requires presenting one form of identification (driver’s license, state ID, valid photo ID, birth certificate, passport, or tribal ID). A registration official may waive the ID requirement if identity is known.
    • Initial registration by mail, fax, electronic transmission, or via PFD application must be verifiable through state records; alternatives include presenting a listed ID.
  • Voter roll maintenance and data sharing:
    • The Division of Elections may use information from the Department of Revenue to register voters and maintain the voter roll, with strong confidentiality protections (no disclosure except as specified).
    • Annual joint reporting on PFD data shared with Elections, impact on voter roll maintenance, and security measures.
    • New categories for regular ongoing reviews to detect deceased voters, felony convictions with moral turpitude, ineligible voters, cross-state registrations, and potential over-counts.
    • Data-sharing must be encrypted and bounded by strict use agreements when shared with third parties.
    • Annual master register audit required, with recommendations and a public audit report by April 1.
  • Voter list inactivation and notices:
    • Periodic master register reviews; notices sent for address confirmation or correction; inactivation if no response within 45 days or if certain activity thresholds are not met within the 28-month window.
    • Inactivated registrations may be canceled after subsequent general elections if unresponsive, with continued listing on master register.
    • Notices must include a prepaid return card and guidance for updating residence information.
  • Rural and early voting access:
    • Requires a rural community liaison to improve access to absentee voting and early voting in rural areas; ensure adequate staffing at rural precincts.
    • Report due outlining options to expand early voting in rural/low-income areas.
  • Ballot design and write-ins:
    • Ballots to reflect ranked-choice voting across offices.
    • Write-in provisions expanded to include President and Vice-President; specific counting rules for write-ins.
    • Clarifies how affiliations and party designations appear on ballots and how true sources of contributions are identified for reporting purposes.
  • Ballot tracking and cure processes:
    • Establishes an online ballot-tracking system with multi-factor authentication; voters can track delivery, counting, and cure uncounted ballots.
    • New process to cure signatures or identity gaps within specified timeframes; requires a signature and proof of identity to count previously uncounted ballots.
    • Training required for election officials on signature matching; updates to stored voter signatures when voters provide new signatures.
  • Campaign contributions and sources:
    • Revisions to “true source” definitions for campaign contributions, clarifying intermediary roles for groups and individuals, with special treatment for membership organizations under certain thresholds.
  • Election crimes and official conduct:
    • Expands and clarifies unlawful interference with an election, including tampering with ballots, certificates, poll materials, and election machinery.
    • Elevates election official misconduct in the first degree for intentional acts to affect elections, concealment, or improper disclosure of confidential results.
  • Write-in candidacy requirements:
    • Write-in candidates for President must file a designation with the director confirming required information.
  • Voter ID and absentee voting:
    • Absentee voting provisions tighten identification requirements for first-time voters voting by mail or electronic transmission, mirroring in-person ID standards.
    • Clarifies deadlines for absentee ballot counting and cure processes, including overseas and military voting timelines.

Who would be affected

  • Registered voters: changes to registration verification, notice cycles, inactivation rules, and cure procedures.
  • Voters in rural areas: enhanced access through a rural liaison and potential expansion of early voting.
  • Department of Revenue and PFD applicants: routines to share data with Elections under strict confidentiality.
  • Election officials and election boards: additional training, signature verification procedures, and processing requirements for ballots, cures, and online ballot tracking.
  • Campaigns and political committees: revised “true source” definitions affecting disclosures.
  • Government agencies and third-party data processors: new encryption and data-protection obligations and reporting requirements.

Procedural and timeline aspects

  • Effective dates:
    • Most provisions take effect upon enactment; certain sections (33-35) specify applicability to offenses committed on or after the effective date.
    • Sections 42-43 establish phased effective dates for certain provisions (January 1, 2027, and June 1, 2027 for specific sections).
    • General Act effective date is immediate unless otherwise specified.
  • Reporting schedules:
    • An annual report due to governor and legislative leadership by the first day of each regular session, detailing sharing and security measures (Sec. 3, 7, 37).
    • Master register audit report due by April 1 each year (Sec. 8(i)).
  • Data privacy and security:
    • Strong protections for confidential voter information; encrypted data sharing and formal agreements restricting retention and transfer (Sec. 8(h)).
  • Transition and regulations:
    • The Division of Elections may adopt regulations to implement changes; procurement may occur under the State Procurement Code as needed (Secs. 40-41).

Overall, HB 390 would substantially expand voter verification, data-sharing safeguards, ballot design, and write-in candidacy rules, while increasing penalties for interference with elections and strengthening rural voting access and ballot-tracking capabilities.

Compiled from official sources — confirm details with the bill’s official record.

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