Legislature(2013 - 2014)

2013-02-06 House Journal

Full Journal pdf

2013-02-06                     House Journal                      Page 0215
HB 104                                                                                                                        
HOUSE BILL NO. 104 by the House Rules Committee by request of                                                                   
the Governor, entitled:                                                                                                         
                                                                                                                                
     "An Act relating to election practices and procedures; relating to                                                         
     the election of an advisory school board in a regional educational                                                         
     attendance area; and providing for an effective date."                                                                     
                                                                                                                                
was read the first time and referred to the State Affairs and Judiciary                                                         
Committees.                                                                                                                     
                                                                                                                                
The following fiscal note(s) apply:                                                                                             
                                                                                                                                

2013-02-06                     House Journal                      Page 0216
1.  Zero, Office of the Governor                                                                                                
2.  Zero, Dept. of Education & Early Development                                                                                
                                                                                                                                
The Governor's transmittal letter dated February 4, 2013, follows:                                                              
                                                                                                                                
"Dear Speaker Chenault:                                                                                                         
                                                                                                                                
Under the authority of Article III, Section 18 of the Alaska                                                                    
Constitution, I am transmitting a bill relating to election practices and                                                       
procedures; and relating to the election of an advisory school board in                                                         
a regional educational attendance area.                                                                                         
                                                                                                                                
The bill would make a number of changes to the Election Code and                                                                
related statutes. These good government changes are necessary to                                                                
assure voter access to his or her ballot, and to maximize efficiency in                                                         
conducting State-run elections while harmonizing certain provisions of                                                          
State and federal election law.                                                                                                 
                                                                                                                                
The bill would also shift the date of the primary election and                                                                  
associated candidacy withdrawal and petition deadlines. The bill                                                                
would move the date of the primary from the fourth Tuesday in                                                                   
August to the second Tuesday in August of every even-numbered                                                                   
year. The purpose of moving the date is to assure that the Division of                                                          
Elections can timely comply with provisions of federal law requiring                                                            
the Division to transmit ballots to military and overseas voters 45 days                                                        
before a federal election. Candidates would be required to withdraw                                                             
their name 52 days rather than 48 days before the primary, and judges                                                           
up for retention would be required to withdraw 64 days rather than 48                                                           
days before a general election. Similarly, deadlines governing the                                                              
nomination of candidates by party petition where an unopposed                                                                   
incumbent dies, is disqualified, or is incapacitated, and for filling                                                           
vacancies by party petition, would change.                                                                                      
                                                                                                                                
The bill would specify that the Division of Elections may conduct                                                               
elections for advisory school boards in regional educational attendance                                                         
areas. The Division already is required to conduct elections to regional                                                        
educational attendance area boards, and this change would specify that                                                          
the Division could - but would not be required - to do the same for                                                             
local advisory boards.                                                                                                          
                                                                                                                                

2013-02-06                     House Journal                      Page 0217
The bill would allow a qualified voter residing outside the United                                                              
States to register to vote absentee if the qualified voter's parent or                                                          
guardian was domiciled in Alaska immediately before leaving the                                                                 
United States. This provision is aimed at voters who reach 18 years of                                                          
age while living abroad with their parent or guardian.                                                                          
                                                                                                                                
The bill would allow the Division of Elections to designate municipal                                                           
clerks to act as absentee voting officials to distribute absentee ballots                                                       
to qualified voters and their representatives. This portion of the bill                                                         
aims to resolve difficulties associated with finding individuals to act as                                                      
absentee voting officials, particularly in more rural areas of the state,                                                       
by allowing municipal clerks to act in this capacity and thereby reach                                                          
greater numbers of absentee voters.                                                                                             
                                                                                                                                
The bill would also streamline several aspects of the absentee voting                                                           
process. The bill would clarify that voters (other than uniformed                                                               
services voters or overseas voters) who apply to receive their ballots                                                          
by electronic transmission must, by regulation, be required to comply                                                           
with the same ballot application deadlines applicable to absentee                                                               
voting in person. The bill would repeal the concept of the "special                                                             
absentee ballot" and make official ballots for overseas and military                                                            
voters available 45 days before a federal election. All regular                                                                 
statewide elections also have federal offices on the ballot. Federal law                                                        
requires the Division of Elections to transmit ballots to military and                                                          
overseas voters 45 days before an election. The purpose of the State                                                            
change would be to eliminate the 60 day advance "special absentee                                                               
ballot" and make a single, official ballot available to voters overseas,                                                        
in the military, and in remote areas of the state available on a                                                                
timeframe consistent with federal law. Sending two ballots often                                                                
causes voter confusion.                                                                                                         
                                                                                                                                
Finally, the bill would harmonize State and federal law by adding                                                               
definitions of "absent uniformed services voter" and "overseas voter"                                                           
to the Election Code.                                                                                                           
                                                                                                                                
I urge your prompt and favorable action on this measure.                                                                        
                                                                                                                                
Sincerely,                                                                                                                      
/s/                                                                                                                             
Sean Parnell                                                                                                                    
Governor"