Legislature(2009 - 2010)CAPITOL 120
03/15/2010 01:00 PM House JUDICIARY
Audio | Topic |
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Start | |
HB71 | |
HB381 | |
HB355 | |
HB115 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
*+ | HB 381 | TELECONFERENCED | |
+= | HB 71 | TELECONFERENCED | |
+= | HB 115 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 355 | TELECONFERENCED | |
HB 115 - PERMANENT ABSENTEE VOTING 2:25:06 PM CHAIR RAMRAS announced that the final 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).] 2:25:15 PM REPRESENTATIVE BOB BUCH, Alaska State Legislature, recalled that at the last hearing there was concern that the proposal in HB 115 could lead to potential fraud in terms of fraudulently obtaining a permanent fund dividend (PFD) or a ballot. Those concerns have been directed to the appropriate departments, including Tamara Cook, Director, Legislative Legal Services; Deborah Bitney, Director, Permanent Fund Division, Department of Revenue; and Gail Fenumiai, Director, Division of Elections, Office of the Lieutenant Governor. With the help of those experts, Representative Buch said that he determined that HB 115 won't create opportunities for fraud, but rather will combat it. With regard to the concern that the legislation will cause an increase in the fraudulently obtaining a permanent fund dividend, he explained that HB 115 will create a list that the Permanent Fund Division can utilize to verify residency. With regard to the concern that there will be an increase in residents fraudulently obtaining ballots, a voter may select one address to receive a ballot. Since ballots can't be forwarded, a voter who doesn't return the ballot will be removed from the list. Whatever degree a voter is informed has no bearing on a voter's ability to obtain a ballot. Mr. Buch concluded by stating that under this proposed legislation, there are no changes in the current procedure although passage would allow the current process to be streamlined. CHAIR RAMRAS remarked that he doesn't like HB 115. 2:27:33 PM REPRESENTATIVE GATTO noted that there is no certainty that mail with this return address will simply be returned because an individual could have his/her neighbor picking up the mail while the individual is away. More importantly, he expressed the need to protect the public belief that the voting is legitimate. Representative Gatto characterized this proposed legislation as an assault on the legitimacy of the vote because so long as votes are simply forwarded, there is less assurance that the voting is legitimate. He indicated that it's difficult to corrupt a vote when the vote is given at the voting booth. Furthermore, he expressed concern with the amount of access voters can ignore on election day by voting prior to election day. He said that he is satisfied with existing law in this regard. In fact, HB 115 seems to provide an opportunity to unduly influence/corrupt the voting with undue influence of special interests, particularly when their name doesn't necessarily relate to the organization's purpose. 2:31:55 PM CHAIR RAMRAS noted that he shares Representative Gatto's concern. He then acknowledged that the letter dated March 12, 2010, from the Permanent Fund Division specifies, "HB 115 will not adversely impact PFD eligibility determinations." However, he said PFD eligibility determinations aren't his concern, rather it's the fraud he's concerned about. Chair Ramras remarked that he, too, is uncomfortable with HB 115. REPRESENTATIVE GRUENBERG, referring to the letter dated March 12, 2010, from the Permanent Fund Division, surmised that a permanent absentee ballot might raise a red flag for PFD purposes. Furthermore, it might provide the division with additional information to prevent fraud. To address concern with regard to PFD fraud, Representative Gruenberg suggested that the legislation could be amended to require an annual updated list of those individuals with the status of permanent absentee voters to be sent to the Permanent Fund Division. 2:35:06 PM REPRESENTATIVE BUCH related that he would entertain such an amendment if such a requirement isn't already in place. He requested verifying whether such a requirement is already in place. 2:35:46 PM GAIL FENUMIAI, Director, Division of Elections, Office of the Lieutenant Governor, explained that the division sends a statewide voter list to the Permanent Fund Division annually. REPRESENTATIVE GRUENBERG clarified that his suggestion would be for the Division of Elections to provide a list annually of those who request permanent absentee voter status to the Permanent Fund Division. He asked if the Division of Elections does anything like the aforementioned. If not, he asked if Ms. Fenumiai would support such an amendment. 2:37:05 PM MS. FENUMIAI answered that the Division of Elections doesn't specifically send any absentee voter list to the Permanent Fund Division. However, the division could do so without hardship to the Division of Elections. REPRESENTATIVE GATTO related his respect for the Permanent Fund Division to weed out "bad applications." Therefore, he questioned whether it would be appropriate for the Permanent Fund Corporation to simply renew the application annually until it's known that the applicant is making fraudulent applications by being out-of-state. He opined that no one would think a permanent absentee permanent fund dividend application is a good idea, although some may believe permanent absentee voting is acceptable. Representative Gatto further opined that he had difficulty separating the two because individuals who apply for the PFD include everyone while only half the people vote. He reiterated concern of increasing the amount of voter fraud and special interest groups all at the same time. REPRESENTATIVE BUCH inquired as to from which agency Representative Gatto is requesting the list. REPRESENTATIVE GATTO clarified that he isn't asking any entity to provide a list, rather he suggesting a permanent Permanent Fund Division application until the individual requests the application be forwarded. REPRESENTATIVE GRUENBERG inquired as to the support for a permanent fund dividend application that would be "good for several years." REPRESENTATIVE GATTO replied, "One year at a time." REPRESENTATIVE GRUENBERG asked if individuals are allowed to apply one year at a time. MS. FENUMIAI informed the committee that under federal law enlisted military personnel are allowed to apply [for absentee voter status] and their application is good through two general election cycles. However, all other individuals have to apply annually. 2:41:35 PM REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 1 so that any individual in the state can [apply for permanent absentee voter status] for two election cycles. REPRESENTATIVE DAHLSTROM objected. 2:42:20 PM REPRESENTATIVE GATTO indicated a preference for not treating the general population the same as military personnel. 2:43:14 PM MS. FENUMIAI, completing her earlier remarks, clarified that military personnel were allowed to apply once for two general election cycles until the Military Overseas and Voters Empowerment Act was passed. However, the federal law recently repealed the aforementioned, although it remains in state law. 2:43:44 PM REPRESENTATIVE BUCH remarked that he doesn't object to Conceptual Amendment 1. REPRESENTATIVE GRUENBERG, in response to Representative Gatto, clarified that Conceptual Amendment 1 would amend state law that only allows serviceman to apply [for permanent absentee voter status] for two election cycles to include any Alaskan registered voter. 2:45:11 PM A roll call vote was taken. Representatives Gruenberg and Holmes voted in favor of the adoption of Conceptual Amendment 1. Representatives Dahlstrom, Gatto, Lynn, and Ramras voted against it. Therefore, Conceptual Amendment 1 failed to pass by a vote of 2-4. 2:45:36 PM REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual Amendment 2, which would have the Division of Elections send the Permanent Fund Division a list of those who apply for absentee ballots. 2:46:02 PM REPRESENTATIVE DAHLSTROM objected for the purpose of discussion. Upon further clarification, Representative Dahlstrom removed her objection. There being no further objection, Conceptual Amendment 2 was adopted. 2:46:35 PM REPRESENTATIVE DAHLSTROM moved to report CSHB 115(STA), as amended, out of committee with individual recommendations and the accompanying fiscal notes. 2:46:57 PM CHAIR RAMRAS and REPRESENTATIVE GATTO objected. 2:47:03 PM A roll call vote was taken. Representatives Lynn, Gruenberg, and Holmes voted in favor of reporting CSHB 115(STA), as amended, out of committee. Representatives Gatto, Dahlstrom, and Ramras voted against it. Therefore, CSHB 115(STA), as amended, failed to be reported out of the House Judiciary Standing Committee by a vote of 3-3. 2:47:30 PM REPRESENTATIVE GRUENBERG served notice of reconsideration. REPRESENTATIVE DAHLSTROM related her belief that it's not in order to serve notice of reconsideration in committee. REPRESENTATIVE GRUENBERG said that he would check with Legislative Legal Services. If reconsideration doesn't apply, rescinding the committee's action would be applicable. [CSHB 115(STA), as amended, failed to be reported from committee.]
Document Name | Date/Time | Subjects |
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1 HB 381 Sponsor Statement HJUD.pdf |
HJUD 3/15/2010 1:00:00 PM |
HB 381 |
3 HB381 Sectional Analysis.pdf |
HJUD 3/15/2010 1:00:00 PM |
HB 381 |
4 HB381 AS 11 81 335.pdf |
HJUD 3/15/2010 1:00:00 PM |
HB 381 |