Legislature(2003 - 2004)
2003-04-14 House Journal
Full Journal pdf2003-04-14 House Journal Page 0965 HB 266 HOUSE BILL NO. 266 by the House Rules Committee by request of the Governor, entitled: "An Act relating to elections, questioned ballots and questioned voters, voter registration, training of election officials, preparation of election materials, voter identification, absentee voting, counting ballots, and the primary election; and providing for an effective date." was read the first time and referred to the State Affairs and Finance Committees. The following fiscal note(s) apply: 1. Zero, Office of the Governor 2. Zero, Dept. of Administration The Governor's transmittal letter dated April 11, 2003, follows: "Dear Speaker Kott: Under the authority of art. III, sec. 18, of the Alaska Constitution, I am transmitting a bill relating to elections. This bill would amend the state election code statutes as required to comply with a recently enacted federal law, the "Help America Vote Act of 2002" (HAVA), P.L. 107-252 (H.R. 3295). The HAVA was enacted to improve the states' administration of federal elections after 2003-04-14 House Journal Page 0966 problems with the administration of those elections by certain states was brought to light during the 2000 presidential election. Many of the reforms set out in the HAVA are intended to protect against election fraud and to ensure that the votes of all persons entitled to vote are counted. All of the states are required to comply with the HAVA, including amending state laws to comply. To comply with the timelines in the HAVA, this bill must be passed by the legislature and enacted into law this year. Upon certification of compliance with the HAVA, each state is eligible to receive various payments from the federal government to use in implementing the requirements of the HAVA. Alaska is projected to receive payments of approximately $5,000,000 per year for three years to implement the HAVA. Alaska is fortunate because our modern state election code already includes many of the requirements of the HAVA, such as a statewide voter registration information database and provisional ("questioned") voting. However, the state election code does not contain a few of the measures required by the HAVA -- this bill would make the necessary amendments. A detailed description of those amendments follows. First, all sections in the election code that refer to "questioned ballots" would be amended to refer to "provisional ballots." The two terms are synonymous, but the change would conform to the HAVA's use of the term "provisional" ballots. In sec. 2 of the bill, AS 15.07.055 would be amended to add a new subsection to require the director of elections to enter into an agreement with the Department of Administration, for motor vehicle information, and the Department of Revenue, for permanent fund dividend information, to match information with the division of elections (division) for first-time voter registrants who are registering by mail, facsimile, or other electronic transmission. This amendment is required by sec. 303(b)(3)(B)(ii) of the HAVA. Sections 3 and 6 of the bill would amend AS 15.07.060 to require that applicants for voter registration supply certain additional information - - an Alaska driver's license or identification card number, or the last four digits of the applicant's social security number, if any of those 2003-04-14 House Journal Page 0967 numbers have been issued to the applicant. Under the bill, an applicant also would have to provide his or her date of birth. Persons who apply for registration for the first time by mail also would have to provide one of the identifying numbers, and date of birth, that can be verified through state agency records described in sec. 2 of the bill. If such an applicant has not been issued any of the identifying numbers, the applicant may alternatively submit a copy of a photo identification. For any applicant for voter registration who has not been issued any of the required identifying numbers, the division would issue to the applicant a unique identifying number. These amendments are required by secs. 303(a)(5)(A)(i) and (ii), 303(a)(5)(B)(i), 303(b)(4)(A), and 303(b)(4)(B) of the HAVA. The changes made by sec. 7 of the bill relate to procedures for providing a voter registration card to a voter who registers by mail, facsimile, or other electronic transmission, and are to conform to the HAVA's identification requirements for such voters. Section 9 of the bill would amend AS 15.07.070(h) to require voter registration proof of identification information on the voter's certificate for voting an absentee in-person ballot. This amendment is required by sec. 303(b) of the HAVA. Section 13 of the bill would amend AS 15.15.040 to require that certain information be available at polling places, such as how to cast a provisional ballot, instructions for first-time voters, prohibitions on fraud, and how to report violations. This amendment is required by sec. 302(b)(2) of the HAVA. Section 14 of the bill would amend AS 15.15.198 to require that a voter who casts a provisional ballot receive information on whether the ballot was counted. This amendment is required by sec. 302 of the HAVA. Section 16 of the bill would amend AS 15.15.225 to specify the forms of identification that a voter must exhibit at the polls before voting. These amendments are required by secs. 303(b)(1) and 303(b)(2)(A)(i) and (ii) of the HAVA. 2003-04-14 House Journal Page 0968 Section 18 of the bill would amend AS 15.15.360(a) on the rules for counting ballots, to provide a uniform definition of what constitutes a vote as required by sec. 302(a)(6) of the HAVA. Section 21 of the bill would amend AS 15.20.081(f) to require that first-time voters who initially registered by mail, facsimile, or other electronic transmission and who are voting absentee by mail, must provide certain identifying information if they have not already provided identifying information specified by AS 15.07.060. Section 21 also would make it mandatory, rather than discretionary, that the director of elections, by regulation, require proof of identification for any voter who votes absentee by mail - - existing regulations already provide for that identification requirement. These amendments are required by sec. 303(b)(2)(A)(ii) of the HAVA. Section 22 of the bill would amend AS 15.20.081 to add a new subsec. (i) to allow the absentee ballot applications of absent uniformed services voters and absent overseas voters to be valid through the next two federal elections. This amendment is required by sec. 704 of the HAVA. Section 25 of the bill would amend AS 15.20.203(b) to specify that the absentee ballot of a first-time voter who registered by mail, facsimile, or other electronic transmission will not be counted if the proper identification has not been provided. This amendment is required by sec. 302(b)(2) of the HAVA. Section 26 of the bill would repeal and reenact AS 15.20.203(h) to provide for a free access system for absentee voters to use to determine whether their ballot was counted. An example of a free access system is a toll-free phone number for voters to call. The free access system would replace the current system of mailing individual notice to voters. This change is required by sec. 302(b)(2) of the HAVA. Section 29 of the bill would amend AS 15.20.207(b) to specify that the provisional ballot of a first-time voter who registered by mail, facsimile, or other electronic transmission will not be counted if the proper identification has not been provided. This amendment is required by secs. 302(a)(5)(A), 303(b)(1), 303(b)(2)(A)(i) and (ii), and 303(b)(3)(B) of the HAVA. 2003-04-14 House Journal Page 0969 Section 35 of the bill would repeal and reenact AS 15.20.207(h) to require a free access system, as described above, for voters to use to determine whether their provisional ballot was counted. This change is required by sec. 302(a)(5)(B) of the HAVA. Section 41 of the bill would repeal statutes that are no longer necessary due to the changes described above. Other changes proposed in the bill are not required by the HAVA. Section 4 of the bill would make "housekeeping" changes to AS 15.07.060(b) regarding voter registration or identification cards from another jurisdiction. Section 5 of the bill would amend AS 15.07.060(c) to allow for additional acceptable forms of identification for in-person voter registration. Section 8 of the bill would make "housekeeping" changes to AS 15.07.070(d). Section 12 of the bill would amend AS 15.10.107 to update the statute and reflect current division practices. Section 16 of the bill includes the repeal of language allowing additional forms of voter identification to be prescribed by regulation. Section 23 of the bill would amend AS 15.20.082(a), regarding special absentee ballots, to expand the group eligible to use these ballots to include persons in remote areas of Alaska; this change would duplicate the changes proposed by SB 24, introduced on January 23, 2003. Sections 25 and 29 of the bill would amend AS 15.20.203(b) and 15.20.207(b), respectively, to specify that absentee in-person ballots and provisional ballots will not be counted if the voter has not provided the proper identification and was not personally known by the election official. Sections 38 - 40 of the bill would amend statutes regarding the primary election by replacing the terms "nonpartisan" and "undeclared" with the term "unaffiliated" in identifying voters who are not affiliated with a political party, to streamline references to such voters. This bill must be enacted this year in order to comply with the timelines for various requirements set out in the HAVA. Therefore, I urge your prompt and favorable action on this measure. Sincerely, /s/ Frank H. Murkowski Governor"