Legislature(1995 - 1996)
02/06/1996 01:38 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 211
An Act relating to voter registration and to state
election administration.
Representative Bunde testified in support of HB 211. He
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stated that HB 211 will correct problems with voter
registration that were noticed during the 1994 election.
Some of the problems addressed are: Purged voters (inactive
voters) who voted questioned ballots without registering,
voting by convicted felons, the possibility of deceased
people voting, voters assigned to the wrong district,
unprocessed address changes, invalid residence addresses,
and data processing review board problems.
Representative Bunde noted that section 1 of HB 211 changes
the way the official voter registration lists are prepared
for polling places. Currently, the official list used at
each polling place contains only the active registered
voters. Under HB 211 the official list will contain inactive
and registered voters. He asserted that an official list of
inactive but registered voters will allow people who have
not voted within the past two years to vote a regular ballot
instead of a questioned ballot. He maintained that this
will eliminate approximately 1500-2000 questioned ballots
statewide, possibly more depending upon who decides to vote.
Representative Bunde stressed that the official list will be
made available to the public so any member of any district
or political party will be able to obtain lists of both
active and inactive registered voters. He emphasized that
section 2 will give candidates and political parties the
opportunity to contact inactive registered voters prior to
an election. He asserted that more voters will reactivate
themselves by voting.
Representative Bunde noted that in the 1994 election seven
dead people may have voted. He stated that section 3
directs the Division of Elections to purge the official
voter registration list for deceased persons on a monthly
basis.
Representative Bunde stressed that there is a gap of time
between sentencing and the conviction of a felon. If the
Division of Elections has not obtained the necessary
information from the Department of Corrections regarding
felony convictions the names are not purged from the
official voter list. He observed that a convicted felon
could vote before his/her name is purged. Section 4 directs
the Division of Elections to promptly cancel the
registration of a person convicted of a felony. After
discharge from prison, a person can present proof of a
unconditional discharge from custody and become a registered
voter again.
Representative Bunde noted that during the last election
there were 14,144 question ballots statewide, of these 5,131
were counted, 7,883 were partially rejected, and 1,129 were
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totally rejected. He emphasized that those rejected were
not notified of their status until after the election was
certified.
In response to a question by Representative Mulder,
Representative Bunde explained that one list will allow
individuals to be listed as an active or inactively active
voter. He stressed that current law provides that an
actively registered individual could be purged from the list
if they have not voted in the last two years.
Representative Mulder questioned the effort required to
implement the changes during a presidential election year.
Representative Bunde estimated that the process would be
speeded by the elimination of questioned ballots. Voters on
the inactive active list would be allowed to vote without
voting a questioned ballot.
Representative Mulder asked at what point a convicted felon
is allowed to resume their right to vote.
PATTI SWENSON, STAFF, REPRESENTATIVE BUNDE explained that
felons resume voting privileges after they have been
unconditionally released from parole.
Representative Bunde noted that section 1 of CSHB 211 (STA)
was passed into law with the adoption of SB 5. He stated
that section 1 needs to be removed.
Representative Mulder MOVED to adopt Work Draft #9-LS0616\M
amended to delete section 1 (copy on file). There being NO
OBJECTION, it was so ordered.
ROBERT MONZNIK, MONTZNIK COMPUTER SERVICES, ANCHORAGE
testified via the teleconference network. He spoke in
support of the legislation. He recounted problems
encountered during the last election. He maintained that
election supervisors should not be members of Data
Processing Review Boards. He emphasized that the Board's
function is to audit ballots in order to assure that they
are properly counted. He noted that voters continue to vote
outside of the district of their residence.
DANA LATOUR, DIRECTOR, DIVISION OF ELECTIONS, OFFICE OF THE
LIEUTENANT GOVERNOR expressed concerns by the Division
regarding HB 211. She noted that prior to passage of the
National Voters Registration Act (NVRA) if a voter did not
vote or make contact with the Division the voter would be
sent a letter informing them that they have 90 days to
respond. Those that failed to respond became inactive.
Those that responded would remain active for another two
years. She observed that under the NVRA the Division must
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wait four years until an inactive status change can occur.
She noted that HB 349 and SB 182 would bring the Division
into compliance with NVRA. She asserted that the majority
of voters contacted do not respond because their address is
not current. She asserted that most questioned ballots are
voted for convenience. She maintained that dual lists will
not resolve problems with voters that have moved or are
going to the nearest voting place for convenience. She
added that convicted felons are kept on the inactive list
for 2 years.
(Tape Change, HFC 96-27, Side 1)
Ms. LaTour stressed that the use of a questioned ballot
allows the Division to update voter information and reduces
the inactive list.
Co-Chair Hanley asked if it would place an additional burden
to have more names on one list. He observed that some
voters that would vote a questioned ballot under current law
would not under the legislation. He asked if extra work
created by the legislation would be balanced by the number
of people that would not vote questioned ballots. Ms.
LaTour noted that there are approximately 60,000 voters on
the inactive list. There are over 2,000 inactive voters in
one Fairbanks district. She added that if an inactive voter
votes a ballot that they should not have voted then the
ballot would be commingled with normal precinct registers.
She asserted that questioned ballots give one more
opportunity to make sure that people are casting ballots in
an appropriate manner and that they have the right to vote
in that precinct. She stressed that election supervisors
are concerned about training the DPR Boards which are only
used two times every two years.
Co-Chair Hanley suggested that voters that see their names
on an inactive list would be as likely to update their
voter's registration information as those voting a
questioned ballot.
Ms. LaTour noted that the Division has the capability to
make the inactive list available to the public. She noted
that these lists could be used to update voter information
during campaigns.
Ms. LaTour referred to section 3. She requested that
"computer tape" be deleted and "electronic format" be added.
Ms. LaTour referred to sections 9 and 10. She observed that
sections 9 and 10 provide that voters be notified that their
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ballot was rejected or that only a portion of their ballot
counted. She noted that the legislation would require the
Division to provide a summary of the reason for rejection
and a copy of the statement for approximately 7,000 rejected
ballots. She stressed that the Division does not have a
problem with the requirement to provide voters with a
summary of the reason for rejection. She stated that the
Division is concerned with the requirement to provide "a
copy of the statement of the challenge to the absentee
ballot." She observed that the Division's computer program
can send a summary of the reason that the challenge to the
absentee ballot was upheld and the ballot rejected. She
stressed that sending a copy of the statement would require
staff to find and xerox the actual envelops that would then
be attached to the letter. She did not feel that the
Division could comply with both requirements within 10 days
after completion of the review of ballots by the state
review board for a primary election. She added that the
Division could provide the summary of the reason for
rejection within the time frame.
Co-Chair Hanley summarized that the Division could meet the
requirement to send a summary of the reason within 10 days,
but sending the actual statement would be problematic. Ms.
Latour agreed with his assessment.
In response to a question by Representative Therriault,
Representative Bunde stated that the summary should be
adequate. He encouraged the Committee to retain the 10 day
requirement. Mr. Montznik agreed that a summary would be
adequate.
Representative Mulder MOVED to delete "a copy of the
statement of the challenge to the questioned ballot; and" in
sections 7, 9 and 10, page 3, line 11, and 24 and 25, and
page 4, line 15. There being NO OBJECTION, it was so
ordered.
Representative Mulder MOVED to delete "a computer tape" and
insert "an electronic format" on page 2, line 11.
Representative Parnell noted that the intent is to make the
format more user friendly for consumers. Ms. LaTour agreed
that the intent is to allow the easy transfer of
information.
Co-Chair Hanley noted that the Division retains concerns
regarding section 2. Representative Bunde argued in support
of section 2. He pointed out that if a person has not voted
in two years and still lives in the district they have to
vote a questioned ballot under the current system. He
argued that a questioned ballot does not necessarily lead to
an update in registration information.
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Representative Mulder suggested that section 2 may encourage
more persons to voter.
Ms. LaTour clarified that voters will remain on the active
voter's registration list for four years under NVRA.
Representative Parnell asked if the amendments adopted by
the House Finance Committee would reduce the Department's
fiscal note. Ms. LaTour noted that staff time would be
reduced by $1.5 thousand dollars.
In response to a question by Representative Mulder, Ms.
LaTour noted that voters will remain on the active list
until the issue is resolved. Representative Mulder noted
that Alaska has a very mobil population. Ms. LaTour
restated that a questioned ballot updates a voter's
registration and moves them off of the inactive list.
Representative Therriault stressed that most persons are on
the inactive list due to inactivity. Representative Bunde
asserted that inactive active voters will be removed from
the inactive list when they vote.
Co-Chair Hanley summarized that a state inactive list could
be maintained as long as voters are not purged. To meet
federal law the state would maintain a four year active list
and a two year inactive list. Ms. LaTour clarified that the
State can maintain the same inactive list to meet federal
law.
Representative Parnell MOVED to report CSHB 211 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTION, it was
so ordered.
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