Legislature(2013 - 2014)CAPITOL 120

04/09/2013 01:00 PM House JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 56 RECLASSIFYING CERTAIN DRUG OFFENSES TELECONFERENCED
Moved HCS CSSB 56(JUD) Out of Committee
+= HB 54 PLACEMENT OF A CHILD IN NEED OF AID TELECONFERENCED
Heard & Held
+= HB 3 PHOTO IDENTIFICATION VOTING REQUIREMENT TELECONFERENCED
Moved Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
         HB 3 - PHOTO IDENTIFICATION VOTING REQUIREMENT                                                                     
                                                                                                                                
1:28:54 PM                                                                                                                    
                                                                                                                                
CHAIR KELLER announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 3,  "An Act relating  to voter  identification at                                                               
the  polls;  and  relating  to   the  counting  of  absentee  and                                                               
questioned ballots."                                                                                                            
                                                                                                                                
1:29:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN,   speaking  as  one  of   the  joint  prime                                                               
sponsors,  characterized HB  3 as  a good  bill, and  offered his                                                               
understanding that  nothing in  it would  prevent anybody  who is                                                               
registered to  vote and  who is motivated  to vote,  from voting.                                                               
He   said,   "They  can   identify   themselves   by  photo   ...                                                               
[identification (ID)],  two forms  of non-photo  ID; they  can be                                                               
recognized by  two election workers  or cast a  question ballot."                                                               
"It's  our intent  not to  disenfranchise anybody,  but safeguard                                                               
our  precious right  to vote  in  this state,"  he remarked,  and                                                               
urged the committee's favorable consideration of HB 3.                                                                          
                                                                                                                                
1:29:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FOSTER  made  a  motion  to  adopt  Amendment  1,                                                               
labeled 28-LS0010\U.2, Bullard, 4/6/13, which read:                                                                             
                                                                                                                                
     Page 1, line 4, through page 2, line 29:                                                                                   
          Delete all material and insert:                                                                                       
        "* Section 1. AS 15.15.225(a) is amended to read:                                                                   
         (a)  Before being allowed to vote, each voter                                                                          
               (1)  in a community that has a population of                                                                 
     less than 5,000 shall exhibit to an election official                                                                  
     one form of identification, including                                                                                      
               (A) [(1)]  an official voter registration                                                                    
       card, driver's license, state identification card,                                                                       
    current   and   valid   photo   identification,   birth                                                                     
     certificate, passport,  or hunting or  fishing license;                                                                    
     or                                                                                                                         
               (B)  [(2)]    an  original or  a  copy  of  a                                                                
     current   utility  bill,   bank  statement,   paycheck,                                                                    
     government  check,  or  other government  document;  an                                                                    
     item exhibited under this paragraph  must show the name                                                                    
     and current address of the voter;                                                                                      
               (2)  in a community  that has a population of                                                                
     5,000 or more shall exhibit to an election official                                                                    
               (A)    one  form of  personal  identification                                                                
     that  contains  a  photograph;  under  this  paragraph,                                                                
     permitted forms of  photographic identification include                                                                
     a valid                                                                                                                
               (i)  Alaska driver's license;                                                                                
               (ii)     identification  card  issued   by  a                                                                
     branch,  department, agency,  or entity  of the  state,                                                                
     any other state, or the United States government;                                                                      
               (iii)  United States passport;                                                                               
               (iv)  employee  identification card issued by                                                                
     any  branch,  department,  agency,  or  entity  of  the                                                                
     United States government, the  state, or a municipality                                                                
     of the state;                                                                                                          
               (v)   United  States military  identification                                                                
     card;                                                                                                                  
               (vi)   student identification card  issued by                                                                
     a high  school or  an accredited institution  of higher                                                                
     education, as that term  is defined under AS 23.20.520,                                                                
     located in the state;                                                                                                  
               (vii)  tribal identification card; or                                                                        
               (B)   two  forms  of personal  identification                                                                
     that   do  not   contain  a   photograph;  under   this                                                                
     paragraph, permitted forms  of identification without a                                                                
     photograph include                                                                                                     
               (i)  the original or  a certified copy of the                                                                
     birth certificate of the voter;                                                                                        
               (ii)   certified naturalization  documents of                                                                
     the voter;                                                                                                             
               (iii)  a certified  copy of the voter's court                                                                
     record of adoption, marriage, or name change;                                                                          
               (iv)   a valid identification  card, license,                                                                
     or permit issued by any  branch, department, agency, or                                                                
     entity of the United States government or the state;                                                                   
               (v)  a valid tribal  identification card or a                                                                
     valid card issued by an  Indian health program, as that                                                                
     term is defined in 25 U.S.C. 1603.                                                                                     
        * Sec. 2. AS 15.15.225(b) is amended to read:                                                                         
          (b)  In a community that has a population of less                                                                 
     than  5,000, an  [AN] election  official may  waive the                                                                
     identification  requirement  if the  election  official                                                                    
     knows the  identity of the  voter. In a  community that                                                                
     has a  population of 5,000 or  more, the identification                                                                
     requirement  may   only  be  waived  if   two  election                                                                
     officials   know   the    voter.   The   identification                                                                
     requirement may  not be waived  for voters who  are not                                                                
     on the  precinct voter registration list  or for voters                                                                
     who are  first-time voters who initially  registered by                                                                    
     mail or  by facsimile or other  electronic transmission                                                                    
     approved by  the director  under AS 15.07.050,  and did                                                                    
     not    provide    identification   as    required    in                                                                    
     AS 15.07.060.  If the  identification requirements  are                                                                
     waived for a voter  under this subsection, the election                                                                
     official  or officials  who know  the voter  shall sign                                                                
     beside  the voter's  name in  the  register kept  under                                                                
     AS 15.15.180."                                                                                                         
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
CHAIR KELLER objected.                                                                                                          
                                                                                                                                
REPRESENTATIVE FOSTER  - referring to  what he termed  the unique                                                               
circumstances/situations faced  by those living in  rural Alaska,                                                               
and remarking that some of  the rural communities in his district                                                               
have a population  of less than 100 - explained  that Amendment 1                                                               
would exempt  communities with  a population  of less  than 5,000                                                               
from the  [voter-identification] requirements  outlined in  HB 3,                                                               
essentially leaving  the current statutory requirements  in place                                                               
for  voters  living in  such  communities.   Under  current  law,                                                               
things like hunting licenses and  utility bills, for example, are                                                               
also  sufficient  to  establish identification  for  purposes  of                                                               
voting, and in  order for the statutory  voter-ID requirements to                                                               
be waived,  only one election official  need know the voter.   He                                                               
acknowledged, however,  that a memorandum from  Legislative Legal                                                               
and  Research  Services  dated  April  7,  2013,  indicates  that                                                               
Amendment 1 would  raise constitutional equal-protection problems                                                               
by   establishing   different  identification   requirements   in                                                               
different areas of the state [based on population].                                                                             
                                                                                                                                
REPRESENTATIVE FOSTER therefore then withdrew Amendment 1.                                                                      
                                                                                                                                
REPRESENTATIVE  GRUENBERG opined,  however, that  because of  the                                                               
lack of accessibility in rural  areas of Alaska to identification                                                               
resources, if  the state  could demonstrate to  the court  that a                                                               
fundamental right  is at issue  and that providing  for different                                                               
identification  requirements  is   the  appropriate  approach  to                                                               
ensure that right  given that lack, then the  changes proposed by                                                               
Amendment 1  might indeed  withstand a  constitutional challenge.                                                               
Furthermore, if  Amendment 1 were  to be adopted,  a severability                                                               
clause could also be added to the bill.                                                                                         
                                                                                                                                
REPRESENTATIVE FOSTER  relayed that he would  instead be pursuing                                                               
the issues  addressed by  Amendment 1 further  as HB  3 continues                                                               
through the process.                                                                                                            
                                                                                                                                
1:36:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG made  a  motion to  adopt Amendment  2,                                                               
labeled  28-LS0010\U.1,   Bullard,  4/4/13.     He   offered  his                                                               
understanding that Amendment 2 would  make it a little easier for                                                               
people to register to vote.   [Because of its length, Amendment 2                                                               
is provided at the end of the minutes on HB 3.]                                                                                 
                                                                                                                                
CHAIR KELLER  ruled Amendment  2 out  of order  in that  its text                                                               
constitutes legislation  currently in  the possession  of another                                                               
committee.                                                                                                                      
                                                                                                                                
1:38:31 PM                                                                                                                    
                                                                                                                                
JEFFREY A. MITTMAN, Executive  Director, American Civil Liberties                                                               
Union of  Alaska (ACLU  of Alaska),  noting that  he'd previously                                                               
testified  on  HB  3  and provided  the  committee  with  written                                                               
comments, reiterated that the ACLU  of Alaska believes that there                                                               
are several constitutional infirmities with the bill.                                                                           
                                                                                                                                
CHAIR KELLER closed public testimony on HB 3.                                                                                   
                                                                                                                                
REPRESENTATIVE FOSTER  referred to  some of the  items in  HB 3's                                                               
proposed lists  of acceptable  forms of  required identification,                                                               
and  pointed  out that  many  people  living  in rural  Alaska  -                                                               
particularly many Native  elders - don't have any  such pieces of                                                               
identification or any  way to obtain them.   Furthermore, in some                                                               
rural  communities,  finding  even  one person  to  serve  as  an                                                               
election  official can  be difficult,  thereby raising  a concern                                                               
regarding the  bill's proposal to require  two election officials                                                               
to know  the person  for purposes  of waiving  the identification                                                               
requirements.   "I just  want to be  ... expansive  and inclusive                                                               
...  [of  folks] being  able  to  vote,  and  ... things  are  so                                                               
different  in rural  Alaska ...  you  really don't  need ID,"  he                                                               
remarked.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LYNN, in conclusion, said the whole purpose of                                                                   
HB 3 is to help safeguard Alaska's voting process.                                                                              
                                                                                                                                
1:42:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE PRUITT moved to report  HB 3 out of committee with                                                               
individual  recommendations and  the  accompanying fiscal  notes.                                                               
There  being no  objection,  HB  3 was  reported  from the  House                                                               
Judiciary Standing Committee.                                                                                                   
                                                                                                                                
                          AMENDMENT(S)                                                                                        
                                                                                                                                
Amendment 2  [Labeled 28-LS0010\U.1, Bullard, 4/4/13]  (ruled                                                                 
out of order):                                                                                                                  
                                                                                                                                
     Page 1, line 1, following "An Act":                                                                                      
          Insert "relating to voter registration and                                                                          
     questioned ballots;  permitting a voter to  register up                                                                  
     to or on the day of an election;"                                                                                        
                                                                                                                                
     Page 1, following line 3:                                                                                                  
          Insert new bill sections to read:                                                                                     
        "* Section 1. AS 15.05.010 is amended to read:                                                                      
          Sec. 15.05.010. Voter qualification. A person may                                                                   
     vote at any election who                                                                                                   
               (1)  is a citizen of the United States;                                                                          
               (2)  is 18 years of age or older;                                                                                
               (3)  has been a resident of the state and of                                                                     
     the house  district in which  the person seeks  to vote                                                                    
     for at least 30 days just before the election; and                                                                         
               (4)  has registered [BEFORE THE ELECTION] as                                                                     
     required under  AS 15.07 and is not  registered to vote                                                                    
     in another jurisdiction.                                                                                                   
        * Sec. 2. AS 15.07.070(d) is amended to read:                                                                         
          (d)  Qualified voters may register in person                                                                          
     before  a  registration  official or  through  a  voter                                                                    
     registration agency at any time  throughout the year. A                                                                
     qualified voter  who registers [, EXCEPT  THAT A PERSON                                                                
     REGISTERING] within  30 days  preceding an  election or                                                                
     on  the day  of  an election  shall  vote a  questioned                                                                
     ballot  [IS NOT  ELIGIBLE  TO VOTE]  at that  election.                                                                
     Upon receipt  and approval  of the  registration forms,                                                                    
     the director  or the election supervisor  shall forward                                                                    
     to  the  voter  an  acknowledgment in  the  form  of  a                                                                    
     registration   card,  and   the   voter's  name   shall                                                                    
     immediately be placed on the  master register. Names of                                                                    
     persons registering 30 or more  days before an election                                                                    
     shall be  placed on the official  registration list for                                                                    
     that election.                                                                                                             
        * Sec. 3. AS 15.07.090(d)  is repealed and reenacted                                                                  
     to read:                                                                                                                 
          (d)  A voter who has failed to request a transfer                                                                     
     as  provided in  (c) of  this section  or a  person who                                                                    
     claims  to  be a  registered  voter,  but for  whom  no                                                                    
     evidence of registration in the  precinct can be found,                                                                    
     shall  vote a  questioned ballot.  The director  or the                                                                    
     director's  representative  shall determine  whether  a                                                                    
     voter  for  whom no  evidence  of  registration in  the                                                                    
     precinct is found is registered  in that house district                                                                    
     before counting the ballot.                                                                                                
        *  Sec.  4. AS 15.15  is  amended  by adding  a  new                                                                  
     section to read:                                                                                                           
          Sec. 15.15.212. Election day voting by questioned                                                                   
     ballot   outside   a   voter's  house   district.   (a)                                                                  
     Notwithstanding AS 15.05.010(3), a  qualified voter who                                                                    
     has  been  a resident  of  the  state  and of  a  house                                                                    
     district for at  least 30 days before  an election, but                                                                    
     who  is absent  from  that house  district on  election                                                                    
     day, may  vote a questioned  ballot at a  polling place                                                                    
     outside that district on election day.                                                                                     
          (b)  For purposes of (a) of this section, the                                                                         
     director shall                                                                                                             
               (1)  supply all polling places with ballots                                                                      
     for all house districts in  the state; the director may                                                                    
     provide the  ballots under AS 15.15.032,  15.15.050, or                                                                    
     AS 15.20.030;                                                                                                              
               (2)  provide each voting official with a                                                                         
     means  of  determining,  by  address,  the  appropriate                                                                    
     house district  ballot for a  qualified voter  voting a                                                                    
     questioned ballot under this section; and                                                                                  
               (3)  provide each polling place with a                                                                           
     separate ballot  box for questioned ballots  cast under                                                                    
     this section.                                                                                                              
        * Sec. 5. AS 15.15.215(a) is amended to read:                                                                         
          (a)  A voter who casts a questioned ballot in the                                                                 
     voter's  house district  shall vote  the ballot  in the                                                                
     same manner  as prescribed for other  voters. The voter                                                                    
     shall insert the  ballot into a secrecy  sleeve and put                                                                    
     the  secrecy  sleeve  into an  envelope  on  which  the                                                                    
     statement the  voter previously signed is  located. The                                                                    
     envelope shall  be sealed and  deposited in  the ballot                                                                    
     box.  When  the ballot  box  is  opened, the  envelopes                                                                    
     shall be  segregated, counted,  compared to  the voting                                                                    
     list,   and  delivered   to   the   official  or   body                                                                    
     supervising the  election. The  merits of  the question                                                                    
     shall  be  determined  by  this  official  or  body  in                                                                    
     accordance   with   the    procedure   prescribed   for                                                                    
     questioned ballots [VOTES] in AS 15.20.207.                                                                            
        * Sec.  6. AS 15.15.215 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (c)  A voter who casts a questioned ballot at a                                                                       
     polling place outside the  voter's house district under                                                                    
     AS 15.15.212 shall  vote the ballot in  the same manner                                                                    
     prescribed  for other  voters. The  voter shall  insert                                                                    
     the ballot  into a secrecy  sleeve and put  the secrecy                                                                    
     sleeve  into an  envelope  on which  the statement  the                                                                    
     voter previously signed is  located. The envelope shall                                                                    
     be sealed  and deposited  in a  ballot box  provided by                                                                    
     the director under  AS 15.15.212(b) for out-of-district                                                                    
     questioned ballots. When the  ballot box is opened, the                                                                    
     envelopes shall  be segregated, counted,  and delivered                                                                    
     to the director."                                                                                                          
                                                                                                                                
     Page 1, line 4:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 7"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 2, following line 29:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 9. AS 15.15.350(a) is amended to read:                                                                      
          (a)  The director may adopt regulations                                                                               
     prescribing  the manner  in which  the precinct  ballot                                                                    
     count is accomplished  so as to ensure  accuracy in the                                                                    
     count and  to expedite the process.  The election board                                                                    
     shall account  for all ballots  by completing  a ballot                                                                    
     statement  containing   (1)  the  number   of  official                                                                    
     ballots received;  (2) the  number of  official ballots                                                                    
     voted; (3) the number  of official ballots spoiled; (4)                                                                    
     the  number  of  official  ballots  unused  and  either                                                                    
     destroyed or returned for  destruction to the elections                                                                    
     supervisor or  the election supervisor's  designee. The                                                                    
     board  shall count  the  number  of questioned  ballots                                                                    
     cast  by  voters  registered  to   vote  in  the  house                                                                
     district  and  compare that  number  to  the number  of                                                                
     questioned voters in  the register. Discrepancies shall                                                                    
     be noted  and the  numbers included in  the certificate                                                                    
     prescribed  by  AS 15.15.370.  The election  board,  in                                                                    
     hand-count  precincts, shall  count  the  ballots in  a                                                                    
     manner  that allows  watchers to  see the  ballots when                                                                    
     opened and read. A person  handling the ballot after it                                                                    
     has been  taken from  the ballot box  and before  it is                                                                    
     placed  in the  envelope  for mailing  may  not have  a                                                                    
     marking  device in  hand or  remove a  ballot from  the                                                                    
     immediate vicinity of the polls.                                                                                           
        *  Sec. 10.  AS 15.15  is amended  by  adding a  new                                                                  
     section to read:                                                                                                           
          Sec. 15.15.367. Counting and review of out-of-                                                                      
     district   questioned  ballots.   The  director   shall                                                                  
     examine each questioned  ballot cast under AS 15.15.212                                                                    
     in  the  manner  provided   in  AS 15.20.207(b).  If  a                                                                    
     questioned  ballot   is  not  rejected,  it   shall  be                                                                    
     counted, subject  to AS 15.15.360. A  questioned ballot                                                                    
     cast  under  AS 15.15.212  may   be  challenged  by  an                                                                    
     appointed  party  representative  when that  ballot  is                                                                    
     reviewed  under  AS 15.20.220(b).  The  director  shall                                                                    
     follow  the procedures  provided  by AS 15.20.207(h)  -                                                                    
     (k) for ballots reviewed under this section."                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, following line 21:                                                                                                 
          Insert a new bill section to read:                                                                                    
        "* Sec. 13. AS 15.15.198(b) is repealed."                                                                           
                                                                                                                                
[End of amendment(s); HB 3  was reported from the House Judiciary                                                               
Standing Committee.]                                                                                                            

Document Name Date/Time Subjects
HB 3 Proposed Amendment U.2.pdf HJUD 4/9/2013 1:00:00 PM
HB 3
HB 3 Proposed Amendment U.1.pdf HJUD 4/9/2013 1:00:00 PM
HB 3
CSSB 56 (JUD) Amendment C.9.pdf HJUD 4/9/2013 1:00:00 PM
SB 56