Legislature(2005 - 2006)CAPITOL 120
04/27/2005 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Board of Governors of the Alaska Bar | |
| SB140 | |
| HB269 | |
| HB268 | |
| HB276 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 269 | TELECONFERENCED | |
| += | SB 36 | TELECONFERENCED | |
| + | SB 140 | TELECONFERENCED | |
| + | SJR 12 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 268 | TELECONFERENCED | |
| += | HB 276 | TELECONFERENCED | |
SB 36 - ABSENTEE BALLOTS 2:59:46 PM CHAIR McGUIRE announced that the final order of business would be CS FOR SENATE BILL NO. 36(JUD), "An Act relating to absentee ballots." [Before the committee was HCS CSSB 36(STA).] DAVID STANCLIFF, Staff to Senator Gene Therriault, Alaska State Legislature, sponsor, relayed on behalf of Senator Therriault that during last year's election period, some irregularities occurred regarding absentee ballot applications wherein some applications were held back, were made viewable by the public, were changed after being signed by the voter, or were altered such that they requested personal information from the voter that the Division of Elections doesn't require. Because of these irregularities, SB 36 proposes to allow the division to authorize the application form that will be used, and proposes to require that applications follow a direct route between the applicant and the division. Furthermore, he remarked, intent language added in the House State Affairs Standing Committee ought to ensure that friends and family members of the applicant will be allowed to deliver applications to either some form of mail delivery service or directly to the division. In conclusion, he said the bill has had widespread, bipartisan support, and that it is not the sponsor's intent to point fingers at any particular political party. 3:02:46 PM CHAIR McGUIRE, after ascertaining that no one else wished to testify, closed public testimony on SB 36. REPRESENTATIVE GARA distributed an amendment pertaining to the issue of pre-marking a party affiliation on an absentee ballot application, and said he might offer that amendment on the House floor. He then referred to page 2, line 7, and said he wants to ensure that registrars will also be allowed to deliver absentee ballot applications to the division. MR. STANCLIFF indicated that registrars are considered by Division of Elections to already be acting on its behalf. REPRESENTATIVE GARA asked whether "voter" is statutorily defined as also including a registrar. MR. STANCLIFF indicated that he would research that issue before the bill is heard on the House floor. REPRESENTATIVE GARA said he would like to offer a conditional conceptual amendment such that the bill would refer to "the voter or authorized representative", if it is deemed by the drafter that such language is necessary. MR. STANCLIFF noted that the bill authorizes the division to develop and institute regulations to implement the bill, and suggested that Representative Gara's concern will be addressed via regulations. 3:05:57 PM REPRESENTATIVE GARA indicated that he would instead have his conditional conceptual amendment change the bill such that it would refer to "voter registrar or authorized representative". REPRESENTATIVE GRUENBERG noted that the drafter, via a memorandum dated 3/17/05, has recommended that the intent language be placed into the bill itself rather than simply in an intent section, and asked Mr. Stancliff whether he would have any objection to such a change. MR. STANCLIFF offered his belief such a change would be unobjectionable to the sponsor. REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 1, to adopt the drafter's suggestion of placing the intent language currently in Section 1 into a section of the bill that is to be codified; such a change would eliminate what is currently Section 1. There being no objection, Conceptual Amendment 1 was adopted. 3:08:01 PM REPRESENTATIVE GARA made a motion to adopt Amendment 2, to insert after "voter" on page 2, line 7, the words ", registrar or authorized representative". CHAIR McGUIRE objected for the purpose of discussion. MR. STANCLIFF offered his belief that the sponsor would consider adding "registrar" to the bill to be an acceptable change, but not adding "authorized representative". He reiterated his understanding that language authorizing registrars to deliver absentee ballots to the division would not be necessary because they are already considered to be part of the division. REPRESENTATIVE GARA withdrew Amendment 2. REPRESENTATIVE GARA made a motion to adopt a new Amendment 2, to insert after "voter" on page 2, line 7, the words "or registrar". MR. STANCLIFF indicated that he had no objection to new Amendment 2. CHAIR McGUIRE asked whether there were any objections to new Amendment 2. There being none, new Amendment 2 was adopted. 3:09:38 PM REPRESENTATIVE GARA said he is not sure that he agrees with the change proposed by Section 3 of the bill - changing the deadline by which the division must receive a request for an absentee ballot from seven days to ten days - adding that he does not want to make it harder for people to get an absentee ballot. REPRESENTATIVE GARA made a motion to adopt [Amendment 3], to delete Section 3 of the bill. MR. STANCLIFF explained that the change proposed by Section 3 of the bill was requested by the Division of Elections because it wants more time in which to fully process absentee ballot requests, particularly given that there were a large number of such requests last year. Without that change, the Division of Elections has predicted, more people would have to be hired and employees would have to work overtime in order process all the requests. Therefore it is a policy call as to whether the legislature wants to give the division more time or would prefer the division to hire more staff and have everyone working overtime. REPRESENTATIVE COGHILL said he would be objecting [to Amendment 3], and indicated that giving the division more time would be his preferred choice, particularly given how much easier it is these days for people to vote absentee. The earlier deadline will ensure that all applications are processed in a timely and fair manner. 3:12:37 PM LAURA A. GLAISER, Director, Central Office, Division Of Elections, Office of the Lieutenant Governor, confirmed that the division had asked for the extension proposed by Section 3 of the bill. During the last election, she explained, the division saw an overwhelming increase in absentee ballot applications, and now considers the seven-day deadline to be insufficient, particularly given that once an application is received by a regional office of the division, it must be checked in there and then sent to the main office in Juneau for final processing. This process alone can take up to two or three days, leaving only four or five days for the applicant to receive, complete, and return the ballot. The success rate for absentee voters to even get a ballot when their request is received by the division seven days before election day is [very small]; with a seven-day deadline, the state is being set up for failure and the voters are being set up to possibly not even receive a ballot. MS. GLAISER relayed that the division's interest in requesting the change proposed by Section 3 was to ensure that voters get an absentee ballot. At one point, the division - at the suggestion of experienced staff - considered asking for the deadline to be changed to two weeks, but the lieutenant governor said that deadline was too far out, and so the compromise was a ten-day deadline. She opined that Alaskans have many opportunities to vote, and the change proposed by Section 3 of the bill is the best way to ensure that an absentee ballot application sent by mail will result in the ballot being received by the voter in a timely manner. REPRESENTATIVE COGHILL opined that in fairness to the voter, particularly those serving in the military, he is in favor of [the change proposed in the bill]. REPRESENTATIVE GRUENBERG offered his belief that the change proposed by Section 3 of the bill will have the opposite effect of what the division intends. He opined that military personnel should be allowed to submit a request for an absentee ballot as close as possible to the day of the election. 3:17:57 PM REPRESENTATIVE COGHILL acknowledged that point. He then asked what would happen if an application is received after the deadline. MS. GLAISER said that the division would not process it. REPRESENTATIVE COGHILL said his concern is that such ballots wouldn't be counted. He said he is interested in ensuring that the division is able to handle the absentee ballot application process. 3:20:12 PM MS. GLAISER offered her recollection that absentee ballot applications can be sent in beginning January 1 of the year the election takes place. She noted that "shut ins" are afforded a "special needs" voting process, and that military units have voting officers who are charged with making sure that military personnel are aware of the timelines pertaining to voting absentee; additionally, military personnel have their own applications and can become Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters. She also noted that last year the division received a request to set up early voting sites in certain military bases a few days prior to deployment. MS. GLAISER opined that the voting process isn't so narrow as to preclude one from choosing to vote absentee via mail, but acknowledged that last year many waited until the last minute to apply for an absentee ballot. She pointed out that last year, there were people who did not receive their absentee ballot in time even though division personnel worked up until the last minute attempting to ensure that all absentee ballot requests were filled. 3:22:40 PM CHAIR McGUIRE acknowledged that with a seven-day deadline, there is the likelihood that voters won't get the chance to get their absentee ballot returned to the division in time, and pointed out that absentee ballots from military personnel stationed oversees might be further delayed. MS. GLAISER, in response to a question, said that last year, the division attempted to get absentee ballots sent out up to just a few days prior to the election, but still got complaints from people who didn't receive their ballot in time even though division personnel worked day and night in an attempt to fill requests. In response to another question, she indicated that as election day drew near, when it became clear that absentee ballots being sent out so late that they were not going to reach the voters in time, division personnel resorted to calling voters in order to facilitate voting via fax. 3:25:43 PM REPRESENTATIVE GRUENBERG offered his understanding that one can vote up to midnight on election day, and that a vote must be counted as long as the ballot is received by the applicant by that time. CHAIR McGUIRE pointed out that the director of the division has been attempting to explain that the current seven-day deadline is not sufficient, that the division needs more time in which to ensure that those applying for absentee ballots receive their ballots in time to have their vote counted, and that a ten-day deadline will afford the division a better chance of success. REPRESENTATIVE GRUENBERG concurred, but remarked that there are those who would receive a ballot in time under the current deadline. CHAIR McGUIRE acknowledged that point, but mentioned that regardless of what the deadline is, there are those who, for one reason or another, will still not receive an absentee ballot in time to have their vote counted. 3:28:23 PM REPRESENTATIVE GARA indicated that his hope is that if Amendment 3 is adopted and the seven-day deadline remains in place, that the division will hire the extra staff needed to ensure that applicants get their absentee ballots in time. MS. GLAISER pointed out that the division doesn't have the power of appropriation and therefore cannot ensure that the funding for hiring extra staff would be available; if, however, the funding does end up being available, the division would hire the staff needed. She mentioned that last year no one at the division expected the 1,300 percent increase in federal oversees ballots. The division is asking that the deadline be extended to ten days in order to ensure that more absentee ballots are received in time. Meanwhile the division will also be looking at ways to address the issue of absentee ballots. In conclusion, she reiterated that she believes the proposed ten- day deadline will ensure that the most voters get their ballots in a timely manner and can thereby have their votes counted. REPRESENTATIVE GARA opined that if Amendment 3 is adopted, it will be the legislature's duty to provide adequate funding to the division. 3:31:10 PM A roll call vote was taken. Representatives Gruenberg and Gara voted in favor of Amendment 3. Representatives McGuire, Anderson, Coghill, Kott, and Dahlstrom voted against it. Therefore, Amendment 3 failed by a vote of 2-5. 3:31:38 PM REPRESENTATIVE DAHLSTROM moved to report HCS CSSB 36(STA), as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, HCS CSSB 36(JUD) was reported from the House Judiciary Standing Committee.
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