Legislature(2001 - 2002)
05/04/2001 07:17 PM Senate FIN
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* first hearing in first committee of referral
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SENATE CS FOR CS FOR HOUSE BILL NO. 193(JUD)
"An Act relating to the primary election and to the nomination
of candidates for the general election; and providing for an
effective date."
This was the second hearing for this bill in the Senate Finance
Committee.
Amendment #1: This amendment inserts a new bill section on page 1,
following line 3, to read as follows.
Section 1. AS 15.13.110(f)(2) is amended to read:
(2) a person who has filed a nominating
petition under AS 15.25.140 - 15.25.200 to become a
candidate at the general [PRIMARY] election for elective
state executive or legislative office;
Senator Hoffman moved for adoption.
Co-Chair Kelly objected for discussion.
GAIL FENUMIAI, Election Program Specialist, Division of Elections,
Office of the Lieutenant Governor, testified the legislation makes
changes related to the filing of reports and the nomination of
candidates. She explained the amendment replaces language in the
statutes governing the Alaskan Public Offices Commission (APOC) to
conform to the legislation.
SFC 01 # 96, Side B 08:17 PM
Co-Chair Donley asked if a similar amendment would be required to
align APOC statutes with the House Finance Committee version of the
bill, should the Senate Finance Committee adopt this version.
Ms. Fenumiai responded the issue was not brought to the Division's
attention until after the bill passed the Senate Judiciary
Committee. Therefore, she said such an amendment would be
necessary.
AT EASE 8:17 PM / 8:18 PM
Senator Hoffman WITHDREW his motion to adopt the amendment without
objection.
Co-Chair Donley moved to adopt CS HB 193 (FIN) as a working draft.
There was no objection and the committee substitute was ADOPTED.
Senator Hoffman re-offered his motion to adopt Amendment #1.
The amendment was ADOPTED without objection.
Ms. Fenumiai brought to the Committee's attention a difference
between the Senate Judiciary committee substitute and the House
Finance committee substitute that the Senate Finance Committee may
wish to address. She identified this as the language governing "no-
party" candidates in Section 5 and 6 on page 3, line 17 through
page 5, line 2, of the Senate Judiciary committee substitute. She
relayed that the House Judiciary Committee determined that these
candidates do not need to appear on the primary election ballots
since they do not represent a political party. She stated that the
Senate Judiciary Committee had concerns that these candidates do
not have to file any paperwork until the date of the primary
election. As a result, she explained, the Senate Judiciary
Committee changed the legislation to provide that no-party
candidates must file a declaration of candidacy on June 1 but that
they did not have to submit the necessary petition signatures until
the primary election day.
Co-Chair Donley asked if the Senate Judiciary Committee also
addressed language on page 4, line 31 of that committee's committee
substitute.
Ms. Fenumiai replied these changes were made in the House Finance
Committee.
Ms. Fenumiai elaborated on Sections 5 and 6 of the Senate Judiciary
committee substitute. She relayed that the House Judiciary
Committee had amended the bill to change the filing deadline of no-
party candidates from the date of the primary election to June 1.
However, she informed, court decisions found that a filing deadline
of June 1 for a candidate that does not appear on a ballot until
the general election, was too long of a time frame. She told of the
concerns of the Senate Judiciary Committee that no-party candidates
are not required to submit APOC disclosures until the primary
election, which resulted in an unequal "playing field". In
response, she reiterated, that Committee decided to adopt the June
1 filing deadline and set the deadline for the submission of
signatures at the date of the primary election. Under this method,
she explained, the no-party candidates would be required to follow
the APOC guidelines in the same manner as candidates of a political
party.
Senator Ward asked if statutes precluded a no-party candidate from
filing for one public office on June 1 then changing that filing to
a different public office.
Ms. Fenumiai answered that statutes stipulate a candidate could not
run for more than one office simultaneously.
Senator Ward asked if "filing for office" is considered the same as
"running for office".
Ms. Fenumiai responded that declaration of candidacy forms contain
an oath stipulating that the candidate has not filed for that
office under any other petition or declaration of candidacy, nor
has that candidate filed for any other office in the election for
which they seek an office. These forms, she explained, state the
candidates intent to run for a specific public office. She added
that this provision is in current statute.
Senator Ward asked if a petition of candidacy precludes a candidate
from running for any other public office.
Ms. Fenumiai affirmed.
Amendment #2: This amendment replaces Section 5 of CS HB 193 (FIN)
with the language of Section 5 of SCS CS HB 193 (JUD). The language
reads as follows.
Sec. 15.25.150. Date of filing petition. A candidate
seeking nomination by petition shall submit the information
required under AS 15.25.180 (a)(1)-(8) and (11)-(17) to the
director in the time and manner specified in AS 15.25.040. The
full petition with voter signatures shall be [THE PETITION IS]
filed with the director by actual physical delivery in person
at or before 5:00 p.m., prevailing time, on the day of the
primary election [JUNE 1] in the year in which a general
election is held for the office, or by actual physical
delivery to the director by registered or certified mail
return receipts requested which is postmarked at or before
5:00 p.m., prevailing time, on the day of the primary election
[JUNE 1] in the year in which a general election is held for
the office, and received not more than 15 days after that
time. If the postmark is illegible, a dated receipts from the
post office where dispatched shall be acceptable as evidence
of mailing. [IF JUNE 1 IS A SUNDAY OF HOLIDAY, THE DEADLINES
FOR POSTMARKING AND RECEIPT OF THE PETITION SHALL BE EXTENDED
24 HOURS IN EACH INSTANCE.]
New Text Underlined [DELETED TEXT BRACKETED]
Co-Chair Donley moved for adoption.
Without objection, the amendment was ADOPTED.
Co-Chair Donley inquired about the fiscal note.
Ms. Fenumiai informed that the amount indicated on the current
fiscal note would not change.
Co-Chair Donley offered a motion to move CS SB 193 (FIN), as
amended, from Committee with $5,200 fiscal note from the Division
of Elections, Office of the Lieutenant Governor.
The bill MOVED from Committee without objection.
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