Legislature(2019 - 2020)
2020-02-10 House Journal
Full Journal pdf2020-02-10 House Journal Page 1569 HB 115 The following was read the second time: 2020-02-10 House Journal Page 1570 HOUSE BILL NO. 115 "An Act relating to absentee voting; and providing for an effective date." with the: Journal Page STA RPT 3DP 1NR 670 FN1: ZERO(GOV) 670 JUD RPT 4DP 1DNP 979 FN1: ZERO(GOV) 979 The Rules Committee submitted the following updated fiscal note: 2. Zero, Office of the Governor Amendment No. 1 was offered by Representative Tuck: Page 1, line 12: Delete "2020" Insert "2021" Representative Tuck moved and asked unanimous consent that Amendment No. 1 be adopted. There being no objection, Amendment No. 1 was adopted. Amendment No. 2 was offered by Representative Eastman: Page 1, line 3: Delete "a new subsection" Insert "new subsections" Page 1, lines 4 - 11: Delete all material and insert: "(m) An absentee ballot application must include options for a qualified voter to choose to receive absentee ballots by mail for (1) all future regularly scheduled state elections; (2) future state (A) special elections; (B) primary elections; or (C) general elections; or 2020-02-10 House Journal Page 1571 (3) any combination of future elections described in (2)(A) - (C) of this subsection. (n) The division may not require a voter who chooses to receive absentee ballots under this section to reapply to receive absentee ballots by mail unless the voter has not voted an absentee ballot for a period of four years or an absentee ballot sent to the voter under this section is returned to the division as undeliverable. A voter may change the voter's absentee ballot selection under (m) of this section by reapplying under this section." Representative Eastman moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Tuck objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 2 YEAS: 3 NAYS: 35 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Eastman, Jackson, Vance Nays: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Merrick, Neuman, Ortiz, Pruitt, Rasmussen, Rauscher, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wool, Zulkosky Excused: LeDoux Vacant: District 3 And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Eastman: 2020-02-10 House Journal Page 1572 Page 1, lines 4 - 11: Delete all material and insert: "(m) An absentee ballot application must include an option for a qualified voter to choose to receive absentee ballots by mail for future regularly scheduled state elections. The division shall stop mailing absentee ballots to a voter and require the voter to reapply to receive absentee ballots by mail if (1) the voter does not vote an absentee ballot sent to the voter; or (2) an absentee ballot sent to the voter under this section is returned to the division as undeliverable." Representative Eastman moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Tuck objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 3 YEAS: 15 NAYS: 23 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Excused: LeDoux Vacant: District 3 And so, Amendment No. 3 was not adopted. Amendment No. 4 was offered by Representative Eastman: 2020-02-10 House Journal Page 1573 Page 1, line 9: Delete "or" Page 1, line 11: Delete "." Insert "; or (3) a person at an address to which an absentee ballot is sent under this section provides evidence satisfactory to the division that the voter to whom the absentee ballot was sent no longer lives or receives mail at the address." Representative Eastman moved and asked unanimous consent that Amendment No. 4 be adopted. Representative Tuck objected. The question being: "Shall Amendment No. 4 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 4 YEAS: 15 NAYS: 22 EXCUSED: 1 ABSENT: 1 VACANT: 1 Yeas: Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool Excused: LeDoux Absent: Zulkosky Vacant: District 3 And so, Amendment No. 4 was not adopted. Amendment No. 5 was not offered. Amendment No. 6 was not offered. 2020-02-10 House Journal Page 1574 Amendment No. 7 was offered by Representative Eastman: Page 1, lines 3 - 11: Delete all material and insert: "* Section 1. AS 15.20.081 is amended by adding new subsections to read: (m) The division shall provide an absentee ballot application for a qualified voter that allows the voter to choose to receive absentee ballots by mail for future regularly scheduled state elections. Notwithstanding (a) of this section, a person may not apply for another person to receive absentee ballots by mail for future elections under this subsection. (n) The division may not require a voter who applies to receive absentee ballots by mail for future elections under (m) of this section to reapply for an absentee ballot by mail unless (1) the voter has not voted an absentee ballot for a period of four years; or (2) the voter's previous absentee ballot sent under this section was returned to the division as undeliverable." Representative Eastman moved and asked unanimous consent that Amendment No. 7 be adopted. Representative Tuck objected. The question being: "Shall Amendment No. 7 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 7 YEAS: 17 NAYS: 21 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Carpenter, Eastman, Gillis, Jackson, Johnson, Kopp, LeBon, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky 2020-02-10 House Journal Page 1575 Excused: LeDoux Vacant: District 3 And so, Amendment No. 7 was not adopted. Amendment No. 8 was offered by Representative Eastman: Page 1, following line 11: Insert a new bill section to read: "* Sec. 2. AS 15.20.220 is amended by adding a new subsection to read: (c) Before the certification of a state ballot counting review under AS 15.15.450, the director shall select random voters in each house district who submitted absentee ballots. The director shall attempt to contact the voter to confirm that the voter returned an absentee ballot. On or before the day the director certifies a state ballot counting review under AS 15.15.450, the director shall aggregate the information collected under this subsection, deliver the information to the senate secretary and the chief clerk of the house of representatives, and notify the legislature that the information is available. The director shall include in the information delivered under this subsection the number of absentee voters, by district, that (1) the division attempted to contact; (2) the division successfully contacted; (3) reported voting by absentee ballot in the applicable election; and (4) reported not voting by absentee ballot in the applicable election." Page 1, line 12: Delete "Sec. 2" Insert "Sec. 3" Representative Eastman moved and asked unanimous consent that Amendment No. 8 be adopted. Representative Pruitt objected. 2020-02-10 House Journal Page 1576 The question being: "Shall Amendment No. 8 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 8 YEAS: 1 NAYS: 37 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Eastman Nays: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Merrick, Neuman, Ortiz, Pruitt, Rasmussen, Rauscher, Shaw, Spohnholz, Story, Stutes, Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance, Wool, Zulkosky Excused: LeDoux Vacant: District 3 And so, Amendment No. 8 was not adopted. Amendment No. 9 was offered by Representative Eastman: Page 1, lines 4 - 7: Delete all material and insert: "(m) An absentee ballot application must include an option for a qualified voter to choose to receive absentee ballots by mail for future regularly scheduled state elections. The division shall stop sending absentee ballots to a voter under this subsection upon the voter's written request. A voter may request that the division stop sending absentee ballots at any time. If a voter does not request that the division stop sending absentee ballots, the division may stop sending absentee ballots to the voter and require the voter to reapply only if" Representative Eastman moved and asked unanimous consent that Amendment No. 9 be adopted. Representative Tuck objected. 2020-02-10 House Journal Page 1577 The question being: "Shall Amendment No. 9 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 9 YEAS: 14 NAYS: 24 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Eastman, Gillis, Jackson, Johnson, Kopp, Merrick, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Nays: Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins, LeBon, Lincoln, Neuman, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Excused: LeDoux Vacant: District 3 And so, Amendment No. 9 was not adopted. Amendment No. 10 was offered by Representative Rasmussen: Page 1, line 1 following "voting;" (title amendment): Insert "relating to municipal elections;" Page 1, following line 11: Insert new bill sections to read: "*Sec. 2. AS 29.26.040 is amended to read: Sec. 29.26.040. Date of regular election. The date of a regular election is the first Tuesday of November [OCTOBER] annually [, UNLESS A DIFFERENT DATE OR INTERVAL OF YEARS IS PROVIDED BY ORDINANCE]." "*Sec. 3. AS 29.71.800(20) is amended to read: (20) "regular election" means the municipal election held on the first Tuesday of October or November annually [, OR ON A DIFFERENT DATE OR INTERVAL OF YEARS PROVIDED BY ORDINANCE OR CHARTER];" Renumber the following bill section accordingly. 2020-02-10 House Journal Page 1578 Representative Rasmussen moved and asked unanimous consent that Amendment No. 10 be adopted. Representative Tuck objected. Amendment No. 1 to Amendment No. 10 was offered by Representative Eastman: Following both instances of "first Tuesday": Insert "after the first Monday" Representative Eastman moved and asked unanimous consent that Amendment No. 1 to Amendment No. 10 be adopted. Representative Tuck objected. The question being: "Shall Amendment No. 1 to Amendment No. 10 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 1 to Amendment No. 10 YEAS: 17 NAYS: 21 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Carpenter, Eastman, Gillis, Hopkins, Jackson, Johnson, Johnston, Kreiss-Tomkins, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Talerico, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Josephson, Knopp, Kopp, LeBon, Lincoln, Ortiz, Spohnholz, Story, Stutes, Sullivan-Leonard, Tarr, Thompson, Tuck, Wool, Zulkosky Excused: LeDoux Vacant: District 3 And so, Amendment No. 1 to Amendment No. 10 was not adopted. The question being: "Shall Amendment No. 10 be adopted?" The roll was taken with the following result: 2020-02-10 House Journal Page 1579 HB 115(efd am) Second Reading Amendment No. 10 YEAS: 15 NAYS: 23 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Excused: LeDoux Vacant: District 3 And so, Amendment No. 10 was not adopted. Amendment No. 11 was offered by Representative Carpenter: Page 1, line 8: Delete "four" Insert "two" Representative Carpenter moved and asked unanimous consent that Amendment No. 11 be adopted. Representative Tuck objected. The question being: "Shall Amendment No. 11 be adopted?" The roll was taken with the following result: HB 115(efd am) Second Reading Amendment No. 11 YEAS: 16 NAYS: 22 EXCUSED: 1 ABSENT: 0 VACANT: 1 Yeas: Carpenter, Eastman, Gillis, Jackson, Johnson, Kopp, Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard, Talerico, Tilton, Vance 2020-02-10 House Journal Page 1580 Nays: Claman, Drummond, Edgmon, Fields, Foster, Hannan, Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins, LeBon, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool, Zulkosky Excused: LeDoux Vacant: District 3 And so, Amendment No. 11 was not adopted. Representative Thompson moved and asked unanimous consent that HB 115(efd am) be considered engrossed, advanced to third reading, and placed on final passage. There was objection. HB 115(efd am) will advance to third reading on the February 12 calendar.