Legislature(1993 - 1994)
1994-02-11 Senate Journal
Full Journal pdf1994-02-11 Senate Journal Page 2792 SB 303 SENATE BILL NO. 303 BY THE SENATE RULES COMMITTEE BY REQUEST OF THE GOVERNOR, entitled: "An Act relating to voter eligibility, voter registration, and voter registration agencies; and providing for an effective date." was read the first time and referred to the State Affairs, Judiciary and Finance Committees. Fiscal notes from Department of Public Safety, Office of the Governor, Department of Health and Social Services (3) and Community and Regional Affairs and zero fiscal note from Department of Education published today. Governor's transmittal letter dated February 11: 1994-02-11 Senate Journal Page 2793 SB 303 Dear Mr. President: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to voter eligibility, voter registration, and voter registration agencies. The bill implements 42 U.S.C. 1933gg and the National Voter Registration Act of 1993 (NVRA). The state must implement the NVRA by January1, 1995. Although the NVRA sets out requirements for voter registration only for elections for federal office, it is not practical from a fiscal standpoint to maintain registration requirements and lists for elections for federal office that are different from those for state and local offices. The bill that I am transmitting today amends the registration requirements for elections for state and local offices, as well as for federal offices. The bill also makes necessary technical amendments to state voting laws. Section 2 of the bill amends AS15.05.020(10) to permit a voter to advise the director of elections of a change of address in writing, without having to execute an affidavit on a form provided by the director. This complies with sec. 5(d) of the NVRA, which requires states to allow a change of address form for a driver's license to serve as a change of address form for voter registration. Under AS28.05.071, no affidavit or notarization is needed for a driver's licensee's written notification to the Department of Public Safety of a change of address. Section 3 of the bill amends AS15.05.030(a) to provide for cancellation of voter registration of persons convicted of felonies involving moral turpitude under federal law. The existing statute provides for cancellation of voter registration of persons convicted of those felonies under state law. The NVRA requires the United States attorney to give the state notice when a person is convicted of a felony in a United States district court. Although cancellation of voter registration of persons convicted of federal felonies is not required by the NVRA, inclusion of this provision is consistent with and advances the policies of AS15.05.030(a). Section 4 of the bill amends AS15.07.050 to permit registration in person through voter registration agencies, which are designated in sec. 5 of the bill. 1994-02-11 Senate Journal Page 2794 SB 303 Section 5 of the bill designates specific state agencies as voter registration agencies that will provide voter registration materials and assistance. Under sec. 7 of the NVRA, the state must designate public assistance agencies and other state-funded agencies that primarily provide services to persons with disabilities to serve as voter registration agencies. The Conference Report on the NVRA explains that "public assistance agencies" is intended to include state agencies "that administer or provide services under the food stamp; Medicaid; the Women, Infants and Children (WIC); and the aid to families with dependent children (AFDC) programs." The NVRA requires the state to designate other agencies as voter registration agencies. The division of motor vehicles, which already provides voter registration assistance, is designated as a voter registration agency by sec. 5 of the bill. Also designated is the division in the Department of Community and Regional Affairs that is responsible for municipal and regional assistance programs (currently, that is the division of municipal and regional assistance). Because employees of that division visit each of Alaska's rural communities at least once during each election cycle and provide bilingual information in the villages when needed, designation of this division assures availability of registration opportunities to Alaska's Native rural residents. The bill also designates United States armed forces recruitment offices, which are required by the NVRA to provide registration assistance. The bill requires the director of elections to designate agencies that provide assistance to persons with disabilities, and allows the director of elections to designate other state, local, federal, and nongovernmental offices as voter registration agencies. Section 13 of the bill provides a definition of "voter registration agency" for AS15. Section 6 of the bill amends AS15.07.064(e) by repealing a provision that allows the director to consider whether the application of a resident of a single-precinct municipality or established village was witnessed by two voters already registered in the area. This conforms that statute to sec. 9(b)(3) of the NVRA, which prohibits "any requirement for notarization or other formal authentication" of mail voter registration forms. 1994-02-11 Senate Journal Page 2795 SB 303 Section 7 of the bill amends AS15.07.070 to provide the director of elections with specific authority to adopt regulations to implement requirements of federal law, including the NVRA. The bill also amends existing AS15.07.070 to include voter registration agencies as agencies that must provide mail voter registration forms and in- person registration. Existing AS15.07.070(b) is amended to remove notarization and formal authentication requirements from the mail registration procedure. Such requirements are prohibited by sec. 9(b)(3) of the NVRA. The bill amends existing AS15.07.070(c) to provide that the names of persons submitting mail registration forms that are postmarked at least 30 days before an election will be placed on the official registration list for that election, as required by sec. 8(a)(1)(B) of the NVRA. Based on the experience of the division of elections that many mail registration forms arrive without legible, dated postmarks, existing AS15.07.070(c) also is amended to provide that those registrations will be considered timely if they are both executed at least 30 days before the election and received by the director or election supervisor by mail at least 25 days before the election. Sections 8, 9, 10, and 12 of the bill amend Alaska law to comply with the requirements of the NVRA regarding maintenance of voter registration lists. AS15.07.130 and AS15.15.198 are amended by secs. 10 and 12 of the bill, respectively, to ensure that the content of the notice sent to a voter complies with the NVRA and to provide that the voter's registration is only "inactivated," and the voter's name is to be maintained on the master register, if the voter fails to respond to the notice. The deadline for a voter's response to the notice is extended to 30 days before the next primary election. If the voter does not respond to the notice by the deadline, he or she may still vote a questioned or absentee ballot. The questioned ballot procedure required by AS15.15.198 and the information required for an absentee ballot provide for the "affirmation or confirmation" of the voter's address allowed under the NVRA when a voter does not respond to a notice to confirm address. The amendments to AS15.07.130 provide that the voter's name will be removed from the master register only if the voter does not respond to the notice and does not vote during the period beginning on the date of the notice and ending on the day after the second general election for federal office that occurs after the date of the notice. 1994-02-11 Senate Journal Page 2796 SB 303 The bill retains AS15.07.130(c)'s existing provision that the registration of deceased voters is to be cancelled. Section 8 of the bill amends AS15.07.090(b) to remove reference to cancellation of voter registration for failure to vote. Because inactive voter registrations will now appear on the master register, sec. 9 of the bill amends AS15.07.125 to accurately describe which voter names are to be included on the official registration list, from which the precinct registers are prepared. Section 11 of the bill designates the director of elections as the state official responsible for coordination of state responsibilities under the NVRA, as required by sec. 10 of the NVRA. Section 14 of the bill amends AS28.05.045 to provide for simultaneous application for voter registration and licenses, identifications, and registrations issued by the Department of Public Safety, division of motor vehicles. Sections 15 and 16 of the bill make conforming amendments to the statutes setting out duties for the Department of Health and Social Services and the Department of Community and Regional Affairs, to acknowledge the new voter registration agency responsibilities assigned by proposed AS15.07.055 and the NVRA. Sections 17 and 18 of the bill would allow the director of elections to proceed to adopt needed regulations, which would take effect at the same time that secs. 1 - 16 of the bill take effect. I urge the legislature's expeditious consideration and passage of this important bill to conform Alaska's voter registration laws with federal law. Sincerely, /s/ Walter J. Hickel Governor