Legislature(2017 - 2018)

2017-04-28 House Journal

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2017-04-28                     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).