Legislature(2017 - 2018)GRUENBERG 120
02/23/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB91 | |
| HB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 82 | TELECONFERENCED | |
| *+ | HB 1 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 91 | TELECONFERENCED | |
HB 1-ELECTION REGISTRATION AND VOTING
3:57:16 PM
CHAIR KREISS-TOMKINS announced that the final order of business
would be HOUSE BILL NO. 1, "An Act relating to absentee voting,
voting, and voter registration; relating to early voting
locations at which persons may vote absentee ballots; and
providing for an effective date."
3:58:05 PM
REPRESENTATIVE TUCK presented HB 1, as prime sponsor. He
paraphrased from the sponsor statement, which read as follows
[original punctuation provided]:
The right to vote embodies the spirit of American
democracy. Casting a vote is the most discretely
effective way to have one's voice heard in the
political process. When we exercise our right to vote
we impact our community far beyond an election: we can
elect individuals who will make decisions on our
behalf about how our government will be run, set the
policies that will guide our state, and how resources,
both national and local, are distributed.
Unfortunately, a surprising number of Americans don't
exercise their right to vote. On average, only about
half of eligible US voters cast ballots. Although,
Alaska is one of a handful of states which exceeded 50
percent voter turnout in 2014, almost half of Alaskan
voters are effectively not being heard.
House Bill 1 includes a series of changes designed to
increase voter participation and access to voting
across the state by improving and clarifying the
voting process. These changes include:
· Providing same day voter registration to allow
all eligible Alaskans the opportunity to vote;
· Enhancing online voter registration with
electronic signatures to make the registration
process quicker and easier;
· Ensuring the same early voting locations are
available during every election;
· Creating on [sic] option for permanent absentee
voting for individuals that plan to vote by
mail every year; and
· Clarifying and unifying terminology for early
voting to remove confusion between early voting
and absentee in-person voting.
By adopting the changes in House Bill 1, we can take a
step forward to increase the voice of all Alaskans.
4:00:14 PM
REPRESENTATIVE KNOPP asked for a definition of "permanent
absentee".
REPRESENTATIVE TUCK replied that when someone goes to a voting
location to "early vote" it is called "in-person absentee
voting." He asserted there was confusion, even among poll
watchers, about whether an absentee voter could vote in-person.
He maintained that "absentee voting" is a term used by the
Division of Elections (DOE) referring to how the ballot is
processed. He relayed that one does not have to be absent from
his/her district to vote absentee. He said that voting absentee
is a form of early voting or voting by mail. He concluded that
if one votes at an election polling location prior to the day of
the election, it is referred to as "in-person absentee voting."
REPRESENTATIVE LEDOUX offered that when she visits homes in her
district, she has discovered on numerous occasions that the
person registered to vote at that address is no longer living at
that address and now lives in another voting district. She said
that in referring to her voter file, she has discovered that the
person who moved is still voting in Representative LeDoux's
district. She relayed that she has asked DOE if a candidate,
poll watcher, or anyone else could challenge that person's vote
and was told "no." She compared it to moving out of state and
voting as if still an Alaskan resident. She asked if the vote
could be challenged and if something could be done to rectify
this situation.
4:03:59 PM
JOSIE BAHNKE, Director, Central Office, Division of Elections
(DOS), Office of the Lieutenant Governor, asked if
Representative LeDoux was referring to challenging the vote of a
permanent absentee voter.
REPRESENTATIVE LEDOUX said, "No, not a permanent absentee
voter." She gave the example of someone living on the south
side of Anchorage who keeps coming back to Midtown to vote; who
has never changed his/her voter registration to reflect where
he/she now lives; who no longer owns property in Midtown; and
who no longer is a resident of Midtown. She asserted that
elections can be very close and expressed her belief that it is
inappropriate for someone to vote in a district in which he/she
no longer lives. She asked why there isn't a mechanism to
challenge a voter who is voting outside of his/her district.
4:05:57 PM
LAURI WILSON, Elections Supervisor, Southeast Region, Division
of Elections (DOE), Office of the Lieutenant Governor, answered
that there are times when a voter moves and does not update
his/her residence address with DOE, and it is up to the voter to
notify DOE of an address change. She mentioned that a voter of
a precinct could challenge another voter's eligibility for
voting in that precinct at the time of voting, and the voter who
has been challenged would vote a question ballot, which would be
subject to review by the review board and elections staff. She
said that during the absentee and question ballot review
process, observers are present who can challenge the eligibility
of the voter during the review process, and the challenges can
be brought forth to the director of elections for review. She
reiterated that it is up to the voter to notify DOE when he/she
changes residences, and the law allows a person to have one
place of residence. She added there are exceptions, which allow
a voter to be away from his/her residence and continue to vote.
4:08:15 PM
REPRESENTATIVE LEDOUX stated that she brought this concern
forward to see if HB 1 could be amended to address it. She
asked if there is any mechanism for objecting to a vote, if she
has knowledge that someone is not living in the district in
which he/she is voting.
MS. WILSON replied that DOE cannot remove voters from the voter
rolls based on a belief that the voter does not live in the
district anymore.
REPRESENTATIVE LEDOUX asked if there was a mechanism for
challenging a vote cast by someone outside the district, such as
signing an affidavit declaring his/her reasons for believing
that the voter is not living in that district, and the complaint
would result in DOE contacting the voter to verify residence.
MS. WILSON answered that if a voter votes in the district from
which he/she has moved, and it is brought to the attention of
DOE through a complaint, the law is broad in considering the
intent of the voter to possibly return to his/her old residence.
If he/she is still an Alaskan voter, he/she may continue to use
the old address for voting purposes.
REPRESENTATIVE LEDOUX asserted that is the law for people moving
out of state and considering returning to Alaska. She attested
that her concern involves someone who owns a home in southside
Anchorage, sells that home, and has no intention of returning,
because he/she now owns a home in Midtown.
MS. WILSON reiterated that it is up to the individual to notify
DOE of a residence address change, so that the voter
registration record can be updated. She added that without the
update, that location continues to be his/her voting residence.
4:11:01 PM
REPRESENTATIVE LEDOUX offered that a statutory change would be
needed to prevent that situation from happening.
MS. WILSON responded that's possible. She asserted that the
issues are the intent of the voter regarding residency and the
intent of Alaska statute allowing for temporary residence, such
as a work camp, as it relates to voting.
REPRESENTATIVE LEDOUX asserted that her concern is not related
to the person who is working away from home temporarily but for
the person who sells his/her home and, for whatever reason,
continues to vote in his/her old district. She asked if under
current law that is legal.
MS. WILSON responded that making Alaska voter laws stricter must
be addressed through statute.
4:12:52 PM
REPRESENTATIVE WOOL offered that the observation of a voter
voting outside his/her district becomes trickier regarding an
absentee or mail-in ballot.
MS. WILSON stated that the absentee review boards in the
regional DOE offices review all absentee ballots, whether they
are by mail, absentee in-person, or special needs. She asserted
that during the review process, an observer can challenge the
eligibility of the voter whose ballot is being reviewed, and the
challenge will be referred to the director to review and decide,
case by case.
REPRESENTATIVE LEDOUX stated that by Election Day, there are
already a certain number of absentee ballots counted. She asked
if those ballots are reviewed by the absentee review board or if
they are considered absentee in-person ballots.
4:14:20 PM
MS. WILSON stated that there are different processes regarding
absentee votes. There is a permanent absentee voter (PAV),
someone who automatically gets an absentee ballot from DOE, and
an absentee in-person voter. All absentee ballots are reviewed
by the absentee review board. She explained that early voting
is like voting at the poll on Election Day - it is a "live"
ballot of an eligible voter, and it is not subject to a review
process. She attested that any ballot that is not by early
voting or Election Day voting at the precinct goes through the
review process. She summarized that the ballots that go through
the review process are absentee ballots, special needs ballots,
and question ballots.
MS. WILSON went on to say that no ballots are counted before the
polls close at 8:00 p.m. on Election Day. Absentee ballots are
reviewed by DOE staff; voter history is entered into the
computer system; and each ballot is independently reviewed by a
review board. She added that a deadline date is chosen by DOE
staff which represents the date by which absentee ballots must
have been received and reviewed to be counted on Election Day
after the polls close. All other absentee ballots are counted
in subsequent counts after they are reviewed.
REPRESENTATIVE LEDOUX asked if there is any provision for poll
watchers to observe the counting of absentee ballots or early
voting ballots.
MS. WILSON replied yes. They are not poll watchers but
observers who are present during the ballot count and review.
4:19:29 PM
REPRESENTATIVE BIRCH expressed his support for increasing voter
turnout through the proposed legislation.
CHAIR KREISS-TOMKINS indicated HB 1 would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB001 Sponsor Statement 2.15.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 1 |
| HB001 ver A 2.15.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 1 |
| HB001 Sectional Analysis 2.15.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 1 |
| HB001 Supporting Document-Voting Information and Statistics 2.17.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 1 |
| HB001 Supporting Document-PEW Report 2.15.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 1 |
| HB001 Fiscal Note 2.21.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 1 |
| HB091 Proposed Committee Substitute ver D 2.21.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 91 |
| HB091 Draft Proposed Amendment ver D.1 2.23.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 91 |
| HB091 Draft Conceptual Amendment 2.23.17.pdf |
HSTA 2/23/2017 3:00:00 PM |
HB 91 |