Legislature(1997 - 1998)
05/06/1998 09:00 AM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 257
"An Act relating to voter qualification,
disqualification, and registration; to voter
registration officials; to election notices; to mail
elections; to certain voting procedures; to the
transportation of ballots; and to the official election
pamphlet and certain immunity from liability regarding
claims arising from publication of the official
election pamphlet."
Co-Chair Therriault provided members with work draft #0-
GH0095\L, dated 5/4/98(copy on file). Representative Mulder
MOVED to ADOPT with work draft #0-GH0095\L, dated 5/4/98.
There being NO OBJECTION, it was so ordered.
SARAH FISHER-GOOD, STAFF, REPRESENTATIVE THERRIAULT observed
that the committee substitute combined HB 257 and SB 185.
GAIL FENUMIAI, ELECTION PROGRAM SPECIALIST, DIVISION OF
ELECTION, OFFICE OF THE LIEUTENANT GOVERNOR reviewed the
proposed committee substitute, work draft #0-GH0095\L, dated
5/4/98.
Sections 1-4
? These sections address voter list maintenance. (They
were previously considered and approved by Senate State
Affairs, Senate Finance and House State Affairs as
SB185.) Since the passage of the National Voter
Registration Act (NVRA) in 1993, the Division has been
unable to purge the voter registration list.
? This is the state's second attempt to bring state law
into compliance with the federal law. In 1996,
legislation was passed but the US Department of Justice
declared it violated the NVRA and authorized a lawsuit
against the state. So far, the Department of Justice
has refrained from actually filing the suit while the
legislature is considering this corrective legislation.
? The list maintenance process will work as follows:
? Each year a nonforwardable mailing will be sent to
voters who, in the two years preceding, have had
mail returned to the Division; have not contacted
the Division; and have not voted or appeared to
vote.
? A second notice will be sent to those voters whose
cards are returned by the US Postal Service as
undeliverable or with a new forwarding address.
? Voters have 45 days to respond to the second
mailing. If no response is received, the voter
will be placed on an inactive list.
? If no there is voter contact during the following
four years, the voter will be removed from the
registration list.
? When a voter is placed on the inactive list, their name
no longer appears on precinct registers or any list
prepared by the Division. A voter may become active at
any time during that four-year period by making contact
with the Division.
Sections 5 and 8
? Provides statutory authority for the Division to
conduct elections using optical scanning ballot
tabulation equipment. Explicit statutory authority
assures that adoption of the optical scanning method
does not create any legal difficulties.
? Gives authority to the director to adopt regulations
outlining procedures for the tabulation of optically
scanned ballots.
Section 6
? Improves the absentee by personal representative
process. It provides better accountability by
requiring the personal representative to provide
identification and sign a register before being issued
ballots.
? Streamlining the process by decreasing the number of
trips the personal representative is required to make.
It would also decrease the number of signatures
required. In 1996, there were 513 absentee by
personal representative ballots. Of those, 15 percent
were rejected for insufficient witnessing and
signatures.
? Although the process has been simplified, additional
security measures have been added. This important
protection will reduce the possibility of voter fraud.
Section 7
? After implementing absentee voting by fax in 1996,
the Division quickly realized how valuable a tool it
was for voters not receiving ballots in time.
However, because the application period ended four
days before an election, many could not be served by
the process.
? This section extends the application deadline for
absentee voting by fax to the day before an election.
The current deadline is four days prior to an
election.
Sections 9-13
? These sections make only technical changes associated
with the official election pamphlet.
Co-Chair Therriault noted that funding for the scanners is
already contained in the budget. He asked for information
regarding state compliance with federal law.
KATHLEEN STRASBAUGH, ASSISTANT ATTORNEY GENERAL, DEPARTMENT
OF LAW explained that state law allowed the purging of
voters for nonvoting. Congress was interested in assuring
that people were not removed from the rolls solely for
nonvoting. The Justice Department feels that any measure
that targets people for purging exclusively because they did
not vote would be afoul of the National Voter Registration
Act. The Justice Department has indicated that the
committee substitute would resolve their concerns.
Ms. Fenumiai explained that in January the state of Alaska
would look at total registration rolls. Persons that have
not contacted the Division for two years would be sent a
non-forwardable mailing. If the mail is not returned to the
Division they will remain on the rolls. If the mailing
comes back to the Division as undeliverable or with a
forwarding address they are sent a second notice. If they
do not respond within 45 days they are put on the inactive
list. Once they are on the inactive list they do not appear
on precinct registers or voting lists. They will remain on
the inactive list for 4 years. The voter is removed from
the inactive list at the end of four years if there has been
no contact with the Division. An inactive voter can vote a
questioned ballot. This would reactive their voter
registration. District lists used by candidates will not
have inactive voters unless specifically requested.
Ms. Fenumiai explained that the fiscal note submitted by the
Division would fund list maintenance. The fiscal note would
pay for printing two notices and postage on mailings.
Representative Mulder observed that ballots by inactive
voters would count in all elections if they were registered
in the previous two years.
Ms. Fenumiai clarified that notices would be sent annually.
The initial cost of printing forms for the first mailing
would be $263 thousand dollars. She anticipated that it
would cost $46 thousand dollars in subsequent years. She
estimated that 120,000 names are inactive.
Co-Chair Therriault questioned if an inactive list can be
created without funding for the notices. Ms. Fenumiai
clarified that federal law requires that notices be sent
before an inactive list is created.
Ms. Fenumiai explained that notices would be sent to all
households. Ms. Strasbaugh noted that "official
registration list" is defined as a list of all voters
qualified to vote. She felt that federal law would look
askance of a characterization of voters based on frequency
of voting. The legislation will allow reduction of the list
over time.
Representative Martin MOVED to report CSHB 257 (FIN) out of
Committee with the accompanying fiscal note. There being NO
OBJECTION, it was so ordered.
CSHB 257 (FIN) was REPORTED out of Committee with "no
recommendation" and with a fiscal impact note by the
Department of Commerce and Economic Development.
| Document Name | Date/Time | Subjects |
|---|