03/10/2010 01:00 PM House JUDICIARY

               HB 115 - PERMANENT ABSENTEE VOTING                                                                           
                                                                                                                                
2:34:02 PM                                                                                                                    
                                                                                                                                
CHAIR RAMRAS announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 115,  "An Act  establishing a  permanent absentee                                                               
voting  option  for  qualified   voters;  and  providing  for  an                                                               
effective date."  [Before the committee was CSHB 115(STA).]                                                                     
                                                                                                                                
2:34:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  BOB  BUCH,  Alaska  State  Legislature,  sponsor,                                                               
indicated  that HB  115  would simply  make  voting via  absentee                                                               
ballot more  convenient [by providing  voters with the  option of                                                               
registering as  a permanent absentee voter  for state elections],                                                               
that it would  make no other changes to  Alaska's voting process,                                                               
and that providing for permanent  absentee voting status] has met                                                               
with great  success.   Currently, 8 other  states have  a similar                                                               
option available,  and 21 other  states are  considering adopting                                                               
similar legislation.   In response to questions,  he relayed that                                                               
the  Division of  Elections supports  HB 115,  and that  the bill                                                               
would help those in the military and those who are [housebound].                                                                
                                                                                                                                
CHAIR  RAMRAS expressed  concern that  HB  115 would  be used  by                                                               
military personnel  to commit more permanent  fund dividend (PFD)                                                               
fraud.                                                                                                                          
                                                                                                                                
REPRESENTATIVE BUCH  offered his belief  that it would  not, that                                                               
existing  safeguards within  the  Division of  Elections and  the                                                               
United   States   Postal   Service  (USPS)   regarding   absentee                                                               
ballots/voting  are sufficient  to prevent  any such  increase in                                                               
fraudulent  PFD filings.   Under  the bill,  a person  must first                                                               
apply  with  the Division  of  Elections  for permanent  absentee                                                               
voter  status, and  then  [if the  application  is approved]  the                                                               
Division of  Elections would send  the person an  absentee ballot                                                               
[each appropriate election cycle].                                                                                              
                                                                                                                                
CHAIR  RAMRAS  reiterated  his  concern,  but  acknowledged  that                                                               
military personnel are not the only ones who commit PFD fraud.                                                                  
                                                                                                                                
REPRESENTATIVE GRUENBERG  noted that  members' packets  include a                                                               
letter from  the Division of  Elections dated February  24, 2010,                                                               
that addresses the  issue of fraud.  He also  noted that when the                                                               
bill was heard  in its last committee of referral,  a concern was                                                               
raised regarding  whether the  bill has  potential constitutional                                                               
or  legal  problems.   That  concern  has  been addressed  via  a                                                               
memorandum  from Legislative  Legal and  Research Services  dated                                                               
February  23,  2010; this  memorandum  indicates  that under  the                                                               
federal Voting  Rights Act of  1965, the bill's  proposed changes                                                               
to Alaska's voting  practices/procedures require preclearance [by                                                               
the Department of Justice's (DOJ's) Civil Rights Division].                                                                     
                                                                                                                                
2:43:07 PM                                                                                                                    
                                                                                                                                
PHIL KEISLING  relayed that  he served  as Oregon's  secretary of                                                               
state  from  1991   through  1999;  and  that   in  1995,  Oregon                                                               
implemented a  statutory permanent  absentee voting  provision to                                                               
address  the fact  that as  the result  of a  "get out  the vote"                                                               
strategy, election officials were  getting deluged prior to every                                                               
election with  requests for absentee  ballots.  People  liked the                                                               
convenience of voting by mail,  but didn't like having to request                                                               
an absentee ballot  for every election.   Furthermore, there were                                                               
costs  associated with  processing new  absentee ballot  requests                                                               
every  election.   The permanent  absentee  voting provision  has                                                               
proved  to be  very  popular, has  reduced  costs, has  increased                                                               
voter turnout, has  reduced the chance of mistakes,  and has made                                                               
it easier to detect election fraud.                                                                                             
                                                                                                                                
2:50:34 PM                                                                                                                    
                                                                                                                                
GAIL FENUMIAI,  Director, Central Office, Division  Of Elections,                                                               
Office  of the  Lieutenant  Governor, in  response to  questions,                                                               
said that the  Division of Elections doesn't believe  that HB 115                                                               
would contribute to any increased  incidents of voter fraud; that                                                               
during  her 12-plus  years with  the Division  of Elections,  she                                                               
hasn't ever  encountered any voter fraud  resulting from Alaska's                                                               
absentee  ballot process;  that she  is  unable to  speak to  the                                                               
issue of  PFD fraud;  that the Division  of Elections  has spoken                                                               
with  a  former Oregon  election  official  who had  nothing  but                                                               
positive  things  to  say about  its  permanent  absentee  voting                                                               
provision  by   mail  system,  feeling   that  it   enhanced  the                                                               
opportunity for  voters to participate  in the  election process;                                                               
and that at  this time she is not able  to provide any statistics                                                               
regarding the eventual increased voter turnout in Oregon.                                                                       
                                                                                                                                
REPRESENTATIVE  BUCH  indicated  that  members'  packets  contain                                                               
information  illustrating that  at  times,  Oregon experienced  a                                                               
voter turnout of  up to 80 percent due to  that state's permanent                                                               
absentee voting provision.                                                                                                      
                                                                                                                                
REPRESENTATIVE  GATTO,  referring  to statistics  provided  in  a                                                               
letter from  the president of  the American Postal  Workers Union                                                               
dated February  10, 2010, indicated  that he is  questioning what                                                               
impact  HB 115  would have  on the  integrity of  Alaska's voting                                                               
process.                                                                                                                        
                                                                                                                                
MS. FENUMIAI, in response to  questions and comments, offered her                                                               
understanding of  how the voting  system works in  Oregon; stated                                                               
that as the  director of the Division of  Elections, she believes                                                               
it's important  for everyone  who is eligible  to vote,  to vote;                                                               
and  said she  would  prefer  not to  pass  personal judgment  on                                                               
voters who may not be living in the state.                                                                                      
                                                                                                                                
REPRESENTATIVE  BUCH, in  response to  questions, indicated  that                                                               
voters  could benefit  from the  adoption  of HB  115 because  it                                                               
would be safer  for them to receive their ballots  by mail rather                                                               
than risk having  to get themselves to  their election district's                                                               
voting  venue;  and  that  he  had  not  asked  anyone  from  the                                                               
Permanent Fund Dividend Division to  come speak on HB 115 because                                                               
his  intention  with  the  bill   is  to  address  the  issue  of                                                               
elections, not PFDs  or PFD fraud, which he  surmised, is already                                                               
being  adequately  addressed  by   the  Permanent  Fund  Dividend                                                               
Division.                                                                                                                       
                                                                                                                                
The committee took an at-ease from 3:01 p.m. to 3:02 p.m.                                                                       
                                                                                                                                
CHAIR RAMRAS indicated  a belief that HB 115  should also address                                                               
the issue of  PFD fraud, and relayed that HB  115 would therefore                                                               
be held over.