Legislature(2021 - 2022)GRUENBERG 120

04/27/2022 01:00 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ SB 161 POLITICAL PARTY DEFINITION TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 5 SEXUAL ASSAULT; DEF. OF "CONSENT" TELECONFERENCED
Heard & Held
-- Testimony <Invitation Only> --
+ Bills Previously Heard/Scheduled TELECONFERENCED
               SB 161-POLITICAL PARTY DEFINITION                                                                            
                                                                                                                                
1:08:50 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
CS  FOR  SENATE  BILL  NO.  161(JUD), "An  Act  relating  to  the                                                               
definition of  'political party'; and providing  for an effective                                                               
date."  [Before the committee was HCS CSSB 161(STA).]                                                                           
                                                                                                                                
1:09:11 PM                                                                                                                    
                                                                                                                                
DAVID DUNSMORE,  Staff, Senator  Bill Wielechowski,  Alaska State                                                               
Legislature,  presented HSC  CSSB 161(STA)  on behalf  of Senator                                                               
Wielechowski,  prime sponsor.    He explained  that the  proposed                                                               
legislation would  simplify the process for  political parties to                                                               
gain  recognition.    He  described  the  current  threshold  for                                                               
official party recognition  as "variable," as it is  based on the                                                               
voter  turnout  from  the  most  recent  general  election.    He                                                               
explained  that   the  proposed  legislation  would   change  the                                                               
threshold to  an even  5,000 voters,  and after  every centennial                                                               
census  the  number   of  voters  would  be   adjusted  based  on                                                               
population changes and then rounded  to the nearest 500.  Because                                                               
the current  threshold is  based on voter  turnout, he  said, the                                                               
threshold  can fluctuate  wildly  after a  record voter  turnout.                                                               
This  creates  a  paradoxical problem  because  midterm  election                                                               
turnout is  lower; thus, political  parties would have to  meet a                                                               
higher threshold to  be on the ballot.  He  stated that since the                                                               
passage of  Ballot Measure  2 [in  2020] political  parties would                                                               
only have automatic rights in the  election for the office of the                                                               
U.S. presidency.   He  stated that  having official  party status                                                               
guarantees  the ability  to purchase  two pages  in the  official                                                               
election  pamphlet,  nominate  election workers,  and  have  poll                                                               
watchers.                                                                                                                       
                                                                                                                                
1:11:58 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  SNYDER, referring  to  the  sponsor statement  [copy                                                               
included in the committee packet],  addressed the sentence, which                                                               
read as follows [original  punctuation provided]: "This threshold                                                               
can  vary wildly  from election  to election  and after  the 2020                                                               
election it  increased by 27%  because of record  voter turnout."                                                               
She requested  clarification on the use  of the word "it"  in the                                                               
statement.                                                                                                                      
                                                                                                                                
1:12:29 PM                                                                                                                    
                                                                                                                                
MR. DUNSMORE responded  that "it" refers to  the threshold, which                                                               
is the  total number of  registered voters  a party must  have to                                                               
retain official status.   He explained that  the number increased                                                               
because  the voter  turnout in  2020 had  been 27  percent higher                                                               
than in 2018.                                                                                                                   
                                                                                                                                
1:12:58 PM                                                                                                                    
                                                                                                                                
MR.  DUNSMORE, in  response to  a  follow-up question,  confirmed                                                               
that  the  number  of  votes  required to  reach  the  3  percent                                                               
threshold  increased by  27 percent  in  the 2020  election.   He                                                               
explained that  prior to Ballot Measure  2 there had been  2 ways                                                               
to achieve  party status.   A party could have  registered voters                                                               
which  equaled 3  percent of  the number  of voters,  or, in  the                                                               
previous election,  the party's  top ticket candidate  would need                                                               
to have  received 3  percent of  the vote.   He said  that Ballot                                                               
Measure 2 changed  the process, and now the only  way to meet the                                                               
threshold would be through voter registration.                                                                                  
                                                                                                                                
1:13:54 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN referenced  the amendment  adopted to  the proposed                                                               
legislation by the House State  Affairs Standing Committee in its                                                               
[04/21/2022] meeting,  which deleted  the language  "represents a                                                               
political  program".   He  requested Mr.  Dunsmore  speak to  the                                                               
deletion of the language, and  he questioned whether the deletion                                                               
should be undone.                                                                                                               
                                                                                                                                
1:14:28 PM                                                                                                                    
                                                                                                                                
MR. DUNSMORE responded that after  the proposed legislation moved                                                               
out  of the  previous  committee of  referral, Legislative  Legal                                                               
Services sent a memorandum pointing  out that the language change                                                               
could  be tied  to  the operation  of the  statute  in regard  to                                                               
appointments to vacancies in the  legislature.  He clarified that                                                               
the change was thought to be  stylistic, and the intention of the                                                               
amendment was not to change the  statute in this way.  He advised                                                               
the committee that  reverting back to the language  passed out of                                                               
the Senate may be wise.                                                                                                         
                                                                                                                                
1:16:07 PM`                                                                                                                   
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  suggested  that  maintaining  the                                                               
language  in the  legislation would  maintain parallelism  in the                                                               
statutes.                                                                                                                       
                                                                                                                                
MR. DUNSMORE responded in the affirmative.                                                                                      
                                                                                                                                
1:16:35 PM                                                                                                                    
                                                                                                                                
VICE CHAIR SNYDER  expressed the understanding that,  in terms of                                                               
the proposed  legislation, "political  party" means  an organized                                                               
group  of voters  with at  least  5,000 registered  voters.   She                                                               
pointed out  that a political  party would not exist  until 5,000                                                               
voters have been registered, and  she questioned how voters would                                                               
register in a political party which does not exist.                                                                             
                                                                                                                                
MR.  DUNSMORE  responded  that  this  is  provided  elsewhere  in                                                               
statute,  and he  would follow  up  after the  meeting with  this                                                               
information.   He  said to  achieve official  status the  party's                                                               
bylaws would need  to be submitted to the  Division of Elections,                                                               
and  then the  party would  be  added to  the voter  registration                                                               
form.   He explained  that every month  the division  updates the                                                               
voter list,  and when  the number hits  the threshold,  the party                                                               
would be qualified for the election.                                                                                            
                                                                                                                                
1:18:01 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  opened   public  testimony  on  SB   161.    After                                                               
ascertaining  that there  was no  one who  wished to  testify, he                                                               
closed public testimony.                                                                                                        
                                                                                                                                
1:18:35 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 1:18 p.m. to 1:20 p.m.                                                                       
                                                                                                                                
[SB 161 was held over.]                                                                                                         
                                                                                                                                

Document Name Date/Time Subjects
SB 161 v. I 4.25.2022.PDF HJUD 4/27/2022 1:00:00 PM
SB 161
SB 161 Sponsor Statement v. I 4.25.2022.pdf HJUD 4/27/2022 1:00:00 PM
SB 161
SB 161 Summary of Changes v. B to v. I 4.25.2022.pdf HJUD 4/27/2022 1:00:00 PM
SB 161
SB 161 Supporting Document - Research Graph 1.24.2022.pdf HJUD 4/27/2022 1:00:00 PM
HSTA 4/9/2022 10:00:00 AM
SB 161
SB 161 Supporting Document - Research Parties on Presidential Ballots 1.24.2022.pdf HJUD 4/27/2022 1:00:00 PM
HSTA 4/9/2022 10:00:00 AM
SB 161
SB 161 Fiscal Note OOG-DOE 3.4.2022.pdf HJUD 4/27/2022 1:00:00 PM
HJUD 5/4/2022 1:00:00 PM
SB 161
HB 5 Supporting Document - Testimony Received as of 4.26.2022.pdf HJUD 4/27/2022 1:00:00 PM
HB 5
HB 5 Additional Document - Excerpts from Model Penal Code Draft Statutes (Distributed by the HJUD Committee) 4.26.2022.pdf HJUD 4/27/2022 1:00:00 PM
HB 5
HB 5 Additional Document - Legislative History of Sentencing for Sexual Assault in the First Degree (Distributed by HJUD Committee) 4.26.2022.pdf HJUD 4/27/2022 1:00:00 PM
HB 5
HB 5 Additional Document - Model Penal Code Project (Tentative Draft No 6) (Distributed by the HJUD Committee) 4.27.2022.pdf HJUD 4/27/2022 1:00:00 PM
HB 5
HB 5 Additional Document - FBI Uniform Crime Report Rape Statistics Cont'd Presentation to HJUD Committee 4.27.2022.pdf HJUD 4/27/2022 1:00:00 PM
HB 5
HB 5 Additional Document - Alaska Sex Offender Recidivism and Case Processing Study Presentation to HJUD 4.27.2022.pdf HJUD 4/27/2022 1:00:00 PM
HB 5
HB 5 Additional Document - Alaska Sex Offender Recidivism and Case Processing Study Final Report 2016 (Distributed by the HJUD Committee).pdf HJUD 4/27/2022 1:00:00 PM
HB 5