Legislature(2017 - 2018)
2017-04-28 House Journal
Full Journal pdf2017-04-28 House Journal Page 1267 HB 1 The following, which was advanced to third reading from the April 27 calendar (page 1239), was read the third time: 2017-04-28 House Journal Page 1268 CS FOR HOUSE BILL NO. 1(JUD) "An Act relating to absentee voting, voting, early voting, special needs voting, and voter registration; relating to poll watchers; relating to absentee ballots, questioned ballots, and questioned ballot procedures; relating to which primary election ballot a voter may use; relating to early voting locations at which persons may vote absentee ballots; relating to qualifications to vote at a municipal election; and providing for an effective date." Representative Birch moved and asked unanimous consent that CSHB 1(JUD) be returned to second reading for the specific purpose of considering Amendment No. 1. There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Birch, Saddler, Kopp, Tilton, Johnston, Rauscher, Johnson, and Wilson: Page 1, line 5, following "election;" (title amendment): Insert "prohibiting the replacement of a candidate who was nominated at a primary election or the replacement after the date of the primary election of a candidate who was nominated by petition on a joint ticket for the offices of governor and lieutenant governor on the general election ballot unless the original candidate nominated dies, becomes disqualified, or is incapacitated; clarifying that the only candidate nominated by petition that may be replaced by another candidate on the general election ballot is a candidate nominated on a joint ticket for the offices of governor and lieutenant governor;" Page 11, following line 9: Insert new bill sections to read: "* Sec. 26. AS 15.25.110 is amended to read: Sec. 15.25.110. Filling vacancies by party petition. If a candidate of a political party nominated at the primary election dies, [WITHDRAWS, RESIGNS,] becomes disqualified from holding the office for which the candidate is nominated, or is certified as being incapacitated in the manner prescribed by this section after the primary election and 64 days or more before the general election, the vacancy may be filled by party petition. The central committee of any political party or any party district 2017-04-28 House Journal Page 1269 committee may certify as being incapacitated any candidate nominated by their respective party by presenting to the director a sworn statement made by a panel of three licensed physicians, not more than two of whom may be of the same political party, that the candidate is physically or mentally incapacitated to an extent that would, in the panel's judgment, prevent the candidate from active service during the term of office if elected. The director shall place the name of the person nominated by party petition on the general election ballot. The name of a candidate disqualified under this section may not appear on the general election ballot. * Sec. 27. AS 15.25.190 is amended to read: Sec. 15.25.190. Placement of names on general election ballot. The director shall place the names and the political group affiliation of persons who have been properly nominated by petition on the general election ballot. Except as provided in (b) of this section, after the date of the primary election, a candidate who was nominated by petition may not be replaced by another candidate on the general election ballot. * Sec. 28. AS 15.25.190 is amended by adding a new subsection to read: (b) If a candidate nominated as part of a joint ticket for the offices of governor and lieutenant governor dies, becomes disqualified from holding the office the candidate is seeking, or is certified as incapacitated, the remaining candidate may select a new person to run on the joint ticket. The requirements adopted by the division for a candidate nominated as part of a joint ticket to certify a candidate nominated by petition as incapacitated or to file a petition nominating a replacement candidate under this subsection, and for the division to place the name of the replacement candidate under this subsection on the general election ballot, must be substantially the same as the requirements for party candidates under AS 15.25.110 and 15.25.120 relating to filling vacancies of party nominees." Renumber the following bill sections accordingly. Representative Birch moved and asked unanimous consent that Amendment No. 1 be adopted. Representative Tuck objected. 2017-04-28 House Journal Page 1270 **The presence of Representative Tarr was noted. Representatives Wool, Tuck, and Eastman moved and asked unanimous consent to abstain from voting because of a conflict of interest. Objection was heard, and they were required to vote. The Speaker stated that many members may have a perceived conflict of interest and ruled that all members were required to vote. The question being: "Shall Amendment No. 1 be adopted?" The roll was taken with the following result: CSHB 1(JUD) Second Reading Amendment No. 1 YEAS: 16 NAYS: 23 EXCUSED: 1 ABSENT: 0 Yeas: Birch, Chenault, Johnson, Johnston, Knopp, Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Wilson Nays: Claman, Drummond, Eastman, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool Excused: Thompson And so, Amendment No. 1 was not adopted. CSHB 1(JUD) was automatically in third reading. The question being: "Shall CSHB 1(JUD) pass the House?" The roll was taken with the following result: CSHB 1(JUD) Third Reading Final Passage YEAS: 22 NAYS: 17 EXCUSED: 1 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn, Guttenberg, Josephson, Kawasaki, Kito, Kreiss-Tomkins, LeDoux, Ortiz, Parish, Seaton, Spohnholz, Stutes, Tarr, Tuck, Westlake, Wool 2017-04-28 House Journal Page 1271 Nays: Birch, Chenault, Eastman, Johnson, Johnston, Knopp, Kopp, Millett, Neuman, Pruitt, Rauscher, Reinbold, Saddler, Sullivan-Leonard, Talerico, Tilton, Wilson Excused: Thompson And so, CSHB 1(JUD) passed the House. Representative Tuck moved the effective date clause. The question being: "Shall the effective date clause be adopted?" The roll was taken with the following result: CSHB 1(JUD) Third Reading Effective Date YEAS: 30 NAYS: 8 EXCUSED: 1 ABSENT: 1 Yeas: Birch, Chenault, Claman, Drummond, Edgmon, Fansler, Gara, Grenn, Guttenberg, Johnston, Josephson, Kawasaki, Kito, Kopp, Kreiss-Tomkins, LeDoux, Millett, Neuman, Ortiz, Parish, Pruitt, Saddler, Seaton, Spohnholz, Stutes, Talerico, Tarr, Tuck, Westlake, Wool Nays: Eastman, Johnson, Knopp, Rauscher, Reinbold, Sullivan-Leonard, Tilton, Wilson Excused: Thompson Absent: Foster And so, the effective date clause was adopted. Representative Millett gave notice of reconsideration of the vote on CSHB 1(JUD).