03/18/1998 01:35 PM Senate JUD

                 SB 313 - PETITION CIRCULATION                                 
                                                                               
SENATOR BERT SHARP came forward to present SB 313, his bill                    
relating to petition circulation. SENATOR SHARP stated that it is              
often assumed that people canvassing for signatures on an                      
initiative petition are volunteers. SENATOR SHARP said this is                 
often true, but it is more likely that these people are signature              
"bounty hunters," paid by the sponsor of the initiative. SENATOR               
SHARP noted that all other states have laws against this and said              
his bill, in an effort to bring the initiative process back to a               
more grassroots level, requires petition circulators to display                
identification (their name and voter registration number) during               
signature solicitation. SB 313 also prohibits payment per signature            
by the sponsor. Payment for canvassers would still be allowed by               
any other method. SENATOR SHARP said the bill further prohibits                
payment for a signature on a petition, which is not currently                  
illegal and eliminates the 30-day extension period currently                   
allowed. SENATOR SHARP summed it up by saying, "you either got 'em             
or you don't."                                                                 
                                                                               
Number 400                                                                     
                                                                               
SENATOR ELLIS asked about an Anchorage Daily News article that                 
encouraged the Legislature to increase initiative campaign                     
reporting requirements, which currently do not require disclosure              
of funds unless they are rolled forward into an effort to actually             
pass the initiative once it appears on the ballot. He asked SENATOR            
SHARP if he had given any thought to including that in this bill               
and SENATOR SHARP replied he had not.                                          
                                                                               
SENATOR SHARP said he was reticent to force additional reporting on            
anyone, but did not wish to say he would not embrace it. He                    
commented that funding sources can be oblique.                                 
                                                                               
SENATOR ELLIS asked for more detailed comments on the elimination              
of the 30 day extension period and its possible implications on the            
right of people to petition in a democratic government. SENATOR                
SHARP replied that, with more and more initiatives, the Legislature            
is given less and less time to react with legislation to the                   
initiatives. SENATOR SHARP said the time frame for collecting the              
necessary signatures is quite liberal and any extension of that                
time focuses on the time limit itself, and not on the merits of the            
initiative. SENATOR ELLIS asked if this concern  couldn't be better            
addressed by some sort of deadline that required the petition                  
process to end by a certain date. SENATOR SHARP responded by saying            
this would be difficult for the Division of Elections and restated             
his point that the time for gathering the necessary signatures for             
a successful petition is ample, and the extension merely begs for              
a last minute infusion of money into a campaign. He said there must            
be a cut off at which point it is determined if "you got 'em or you            
don't."                                                                        
                                                                               
SENATOR ELLIS asked what the public policy reason for this concern             
was and SENATOR SHARP replied that there is plenty of time to get              
the signatures, if the effort or the interest of the people is                 
lacking, so be it. He thinks it goes against public policy in the              
initiative process to allow the refocusing of monetary resources               
after the initial effort.                                                      
                                                                               
SENATOR ELLIS remarked that the reason why people fall short of the            
required number of signatures is that people misrepresent                      
themselves as registered voters and are later disqualified by the              
Division of Elections. SENATOR ELLIS said he has no sympathy for               
the signature bounty hunters, but commented that signature                     
gatherers have no good way to verify if a person is indeed a                   
registered voter. He said the extension has always been a failsafe             
method to ensure that all the time and effort was not wasted due to            
disqualification of those people who misrepresented themselves.                
SENATOR PARNELL noted that another section of the bill is related              
to this. He pointed out that on page 2 a new section is being added            
that places more of the burden on the petition sponsors to ensure              
those signatures they turn in come from legitimate, registered                 
voters. SENATOR PARNELL said this verification can be done through             
public and private databases, thus reducing the burden on the                  
Division of Elections. SENATOR ELLIS asked if this wouldn't just               
encourage canvassers to come into the Division of Elections and                
check signatures every week or so. He asked if they would have the             
right to do this, suggesting that not everyone has computers and               
database access. SENATOR PARNELL said this would still result in               
much less work for the Division of Elections at the end of the                 
process.                                                                       
                                                                               
SENATOR ELLIS asked, since the intent of the bill was to identify              
the group collecting signatures, if the bill includes anything                 
prohibiting "petition groups." SENATOR SHARP replied that there was            
no restriction being proposed that requires any additional                     
identification other than what is currently required by the                    
Division of Elections. SENATOR ELLIS replied he thought the bill               
increased reporting requirements. SENATOR SHARP said only on the               
person actually collecting the signatures. He also said, even                  
though under current law signature gatherers must be registered                
voters, he has had calls complaining about canvassers who refuse to            
identify themselves when asked.                                                
                                                                               
SENATOR ELLIS clarified that the name tag would contain the                    
canvasser's name and voter number, not the organization they                   
represent. SENATOR SHARP agreed.                                               
                                                                               
SENATOR ELLIS asked if it is currently illegal to use canvassers               
shipped into the state and SENATOR SHARP said canvassers must be               
registered voters, requiring a 30 day residency.                               
                                                                               
CHAIRMAN TAYLOR asked if there was further testimony on the bill,              
there was none.                                                                
                                                                               
SENATOR PARNELL moved SB 313 out of committee with individual                  
recommendations. Without objection, it was so ordered.