Legislature(2017 - 2018)GRUENBERG 120

04/15/2017 10:00 AM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 5:10 PM --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 200 NONPARTISAN OPEN PRIMARY ELECTIONS TELECONFERENCED
Moved CSHB 200(JUD) Out of Committee
+= HB 13 NO ST/MUNI FUNDS: FED IMMIGRAT REGISTRY TELECONFERENCED
Heard & Held
-- Public Testimony --
           HB 200-NONPARTISAN OPEN PRIMARY ELECTIONS                                                                        
                                                                                                                                
5:59:56 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 200, "An  Act establishing a top  two nonpartisan                                                               
open  primary election  system for  elective state  executive and                                                               
state  and national  legislative offices;  repealing the  special                                                               
runoff  election  for the  office  of  United States  senator  or                                                               
United  States  representative; changing  appointment  procedures                                                               
relating to  precinct watchers and  members of  precinct election                                                               
boards,   election  district   absentee  and   questioned  ballot                                                               
counting  boards,  and  the  Alaska  Public  Offices  Commission;                                                               
requiring  certain   written  notices   to  appear   in  election                                                               
pamphlets  and  polling  places;   relating  to  declarations  of                                                               
candidacy and letters  of intent; and amending  the definition of                                                               
'political party.'"                                                                                                             
                                                                                                                                
6:00:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX moved  to adopt  Amendment 1,  Version 30-                                                               
LS0038\U.1, Bullard, 4/12/17, which read as follows:                                                                            
                                                                                                                                
     Page 2, following line 27:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 3. AS 15.07.060(b) is amended to read:                                                                      
          (b)  Every registration form must include space                                                                   
     for  an   applicant  who   is  registered   in  another                                                                
     jurisdiction to specify that  jurisdiction and a notice                                                                
     that  the  director  will notify  the  chief  elections                                                                
     officer  in that  jurisdiction.  If  the applicant  has                                                                
     been   previously  registered   to   vote  in   another                                                                    
     jurisdiction,  the  director  shall  notify  the  chief                                                                    
     elections  officer   in  that  jurisdiction   that  the                                                                    
     applicant has registered to vote  in Alaska and request                                                                    
     that  that jurisdiction  cancel  the applicant's  voter                                                                    
     registration there."                                                                                                       
                                                                                                                                
REPRESENTATIVE FANSLER objected.                                                                                                
                                                                                                                                
6:00:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  explained that  Amendment 1  clarifies the                                                               
process  in  the event  candidate  two  died, was  incapacitated,                                                               
decided  to get  out of  the race,  and so  forth, the  amendment                                                               
advances candidate three to the number two position.                                                                            
                                                                                                                                
REPRESENTATIVE KOPP  described Amendment 1 as  fairly exhaustive,                                                               
involving  a number  of policy  calls and  he would  like a  full                                                               
analysis.                                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX answered that  the bottom line is Amendment                                                               
1 simply moves  the candidate in third place to  the second place                                                               
position.                                                                                                                       
                                                                                                                                
6:01:51 PM                                                                                                                    
                                                                                                                                
COURTNEY ENRIGHT, Staff,  Representative Gabrielle LeDoux, Alaska                                                               
State Legislature,  noted there is  a lot of  conforming language                                                               
within Amendment 1, although, a couple  of pieces do create a bit                                                               
more intricacy.   The amendment provides  that in the event  of a                                                               
tie, for  example, if two  candidates had advanced that  had tied                                                               
in the first position, the person  who came in second "instead of                                                               
strictly third"  would advance,  and it  takes into  account that                                                               
particular instance of occurrence.   The amendment also speaks to                                                               
current statute  which states that if  the state was 64  days out                                                               
from  the  general  election,  the   third  candidate  would  not                                                               
advance, which  is also in  compliance with federal  voting laws.                                                               
This  relates to  the requirement  to have  ballots prepared  and                                                               
forwarded to  overseas troops,  and others, 45  days prior  to an                                                               
election, and that  deadline is in existing statute.   Those, she                                                               
said, are the biggest complications in the amendment.                                                                           
                                                                                                                                
6:02:53 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN,  in response to  Representative Kopp,  advised that                                                               
his   office  received   Amendment  1   yesterday,  and   it  was                                                               
distributed to the committee last night.                                                                                        
                                                                                                                                
6:03:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  commented that under the  state's current                                                               
partisan  primary system,  for example,  there  is an  interested                                                               
party to nominate or replace  if someone resigns or whatever, and                                                               
that is  not included in this  proposal.  He pointed  out that he                                                               
was concerned that  its absence may militate in  the direction of                                                               
creating  a new  or  greater incentive  for  coercing someone  or                                                               
convincing  someone  to  withdraw   knowing  that  another  party                                                               
candidate might be the replacement.                                                                                             
                                                                                                                                
6:04:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER pointed  out  that  the amendment  speaks                                                               
only of  the third  person moving  up into  second place,  and he                                                               
could think  of several scenarios  where possibly that  would not                                                               
be the appropriate avenue.   For instance, he remarked, the third                                                               
person had  moved on with their  life and decided not  to be part                                                               
of the  election, there was not  a mechanism to move  down to the                                                               
fourth candidate.   He asked what happens if two  people drop off                                                               
the ticket with no mechanism to move to lower positions.                                                                        
                                                                                                                                
6:05:12 PM                                                                                                                    
                                                                                                                                
MS.  ENRIGHT agreed  that  there  is no  mechanism  to move  down                                                               
through  the   other  positions   because  the   amendment  stays                                                               
consistent with  other systems.   She explained that  those other                                                               
systems do  not allow anyone  to advance from the  third position                                                               
to the  second position  in the general  election, and  they have                                                               
managed to  successfully implement their systems  for many years.                                                               
Ironically, she  explained, the reason  the other systems  do not                                                               
allow  candidates to  advance from  third to  second position  if                                                               
there  is  an  incapacitated  instance,   are  the  same  reasons                                                               
Representative  Eastman expressed  concern  about  not having  an                                                               
individual advancing  from second to  third.  The  other systems,                                                               
she  explained,   believe  there  is  a   greater  incentive  for                                                               
coercion.   For example,  when speaking with  the group  that ran                                                               
the  California  ballot  initiative,   it  advised  that  it  had                                                               
specifically  not included  that caveat  because it  was believed                                                               
that  in continuing  to move  down the  line, political  pressure                                                               
could  be   provided  to  get   individuals  to   withdraw  their                                                               
candidacy.   She confirmed  that Amendment 1  does not  provide a                                                               
mechanism  to continue  moving  down the  ballot  past the  third                                                               
candidate.                                                                                                                      
                                                                                                                                
6:06:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  asked  whether  the main  bill  or  this                                                               
amendment speaks  to a situation where  there is a tie  or second                                                               
and third place tie.                                                                                                            
                                                                                                                                
MS.  ENRIGHT explained  that it  would be  addressed in  the same                                                               
manner  as any  other tie  vote would  be addressed  under Alaska                                                               
State Statute, "through a lot or a coin toss."                                                                                  
                                                                                                                                
6:07:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER withdrew his objection.                                                                                  
                                                                                                                                
6:07:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD objected.                                                                                               
                                                                                                                                
6:07:22 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Kreiss-Tomkins,                                                               
LeDoux,  Fansler,  Eastman, and  Claman  voted  in favor  of  the                                                               
adoption  of  Amendment 1.    Representatives  Kopp and  Reinbold                                                               
voted against it.   Therefore, Amendment 1 was adopted  by a vote                                                               
of 5-2.                                                                                                                         
                                                                                                                                
6:07:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN moved to adopt Amendment 2, Version 30-                                                                  
LS0038\U.2, Bullard, 4/14/17, which read as follows:                                                                            
                                                                                                                                
     Page 1, line 1, following "nonpartisan":                                                                                 
          Insert "ranked-choice"                                                                                              
                                                                                                                                
     Page 6, line 9, following "nonpartisan":                                                                                 
          Insert "ranked-choice"                                                                                              
                                                                                                                                
     Page 7, following line 12:                                                                                                 
     Insert a new paragraph to read:                                                                                            
               "(16)  The director shall design the primary                                                                     
     or  special  primary  election  ballot  to  accommodate                                                                    
     ranked-choice voting for candidates  for the offices of                                                                    
     governor  and lieutenant  governor, for  candidates for                                                                    
     the  legislature, and  for  candidates  for the  United                                                                    
     States Congress.  The ballot shall direct  the voter to                                                                    
     mark candidates in  order of preference and  to mark as                                                                    
     many choices as  the voter wishes, but not  to assign a                                                                    
     particular ranking  to more than  one candidate  in the                                                                    
     same race."                                                                                                                
                                                                                                                              
     Page 7, following line 20:                                                                                                 
     Insert new bill sections to read:                                                                                          
        "* Sec.  12. AS 15.15.350  is amended by  adding new                                                                  
     subsections to read:                                                                                                       
          (c)  When counting primary or special primary                                                                         
     election  ranked-choice  voting ballots,  the  election                                                                    
     board  shall initially  count each  ballot as  one vote                                                                    
     for  the  highest-ranked  continuing candidate  on  the                                                                    
     ballot  or   as  an  exhausted  ballot.   The  election                                                                    
     threshold  shall be  calculated. Tabulation  shall then                                                                    
     proceed sequentially as follows:                                                                                           
               (1)  if the number of continuing candidates                                                                      
     whose  vote totals  exceed  the  election threshold  is                                                                    
     equal to  two, those two candidates  are nominated, and                                                                    
     the   tabulation  is   complete;  if   the  number   of                                                                    
     continuing  candidates is  equal to  or less  than two,                                                                    
     then  those continuing  candidates  are nominated,  and                                                                    
     the tabulation  is complete; otherwise,  the tabulation                                                                    
     continues to (2) of this subsection;                                                                                       
               (2)  if no candidate has a vote total that                                                                       
     exceeds   the   election  threshold,   the   tabulation                                                                    
     continues to  (3) of this  subsection; if at  least one                                                                    
     continuing candidate has a vote  total that exceeds the                                                                    
     election threshold, then  the continuing candidate with                                                                    
     the  highest vote  total is  nominated,  the number  of                                                                    
     surplus votes  for the  candidate shall  be calculated,                                                                    
     and  the surplus  fraction for  the candidate  shall be                                                                    
     calculated; the  new transfer value  of each  vote cast                                                                    
     for the  candidate shall be  calculated; votes  for the                                                                    
     candidate  shall  be  added,   at  their  new  transfer                                                                    
     values, to  the totals of each  ballot's highest-ranked                                                                    
     continuing candidates or  counted as exhausted ballots,                                                                    
     and a  new round begins  under (1) of  this subsection;                                                                    
     in  all  subsequent  rounds, candidates  elected  under                                                                    
     this paragraph  have vote totals equal  to the election                                                                    
     threshold;                                                                                                                 
               (3)   the candidate with the  fewest votes is                                                                    
     defeated; then, if the  number of continuing candidates                                                                    
     is  equal   to  two,  all  continuing   candidates  are                                                                    
     elected,  and the  tabulation  is complete;  otherwise,                                                                    
     votes  for the  defeated  candidate shall  cease to  be                                                                    
     counted for the defeated  candidate and shall be added,                                                                    
     at their current  transfer values, to the  total of the                                                                    
     next-ranked  continuing  candidate  on each  ballot  or                                                                    
     counted as  exhausted ballots, and  a new  round begins                                                                    
     under (1) of this subsection.                                                                                              
          (d) When counting primary or special primary                                                                          
     ranked-choice election ballots,                                                                                            
               (1)  a ballot  assigning a particular ranking                                                                    
     to  more than  one  candidate for  an  office shall  be                                                                    
     declared invalid when the double ranking is reached;                                                                       
               (2)   if a ballot  skips a ranking,  then the                                                                    
     election board shall count the next ranking; and                                                                           
               (3)     if  there  is  a   tie  vote  between                                                                    
     continuing candidates,  the procedures  in AS 15.15.460                                                                    
     and AS 15.20.430 - 15.20.530 shall be followed.                                                                            
          (e) In this section,                                                                                                  
               (1)      "continuing   candidate"   means   a                                                                    
     candidate that has not been defeated or nominated;                                                                         
               (2)   "election  threshold" means  the number                                                                    
     of votes  sufficient for a  candidate to  be nominated;                                                                    
     the election  threshold is  calculated by  dividing the                                                                    
     total number of votes  for continuing candidates in the                                                                    
     first round  by three and  rounding up to  four decimal                                                                    
     places;                                                                                                                    
               (3)   "exhausted ballot" means a  ballot that                                                                    
     is not  counted for a  continuing candidate for  one or                                                                    
     more of the following reasons:                                                                                             
               (A)     it   does  not   rank  a   continuing                                                                    
     candidate;                                                                                                                 
               (B)  its  highest continuing ranking contains                                                                    
     an overvote; or                                                                                                            
               (C)   it  includes  two  or more  consecutive                                                                    
     skipped   rankings   before  its   highest   continuing                                                                    
     ranking;                                                                                                                   
               (4)   "highest continuing ranking"  means the                                                                    
     highest ranking for a continuing candidate;                                                                                
               (5)   "overvote"  means the  assignment by  a                                                                    
     voter of the same ranking to more than one candidate;                                                                      
               (6)   "ranking" means the number  assigned by                                                                    
     a voter  to a candidate  to express the  voter's choice                                                                    
     for that  candidate; a  ranking of  "1" is  the highest                                                                    
     ranking, followed by "2," and then "3," and so on;                                                                         
               (7)    "round"  means   an  instance  of  the                                                                    
     sequence of  voting tabulation in a  primary or special                                                                    
     primary election;                                                                                                          
               (8)  "skipped ranking"  means a ranking blank                                                                    
     on  a  ballot  on  which a  voter  has  ranked  another                                                                    
     candidate at a subsequent ranking;                                                                                         
               (9)   "surplus"  means a  positive difference                                                                    
     between  a  candidate's  vote total  and  the  election                                                                    
     threshold;                                                                                                                 
               (10)   "surplus  fraction"  means the  number                                                                    
     equal  to   a  candidate's   surplus  divided   by  the                                                                    
     candidate's  vote  total,  calculated to  four  decimal                                                                    
     places and ignoring any remainder;                                                                                         
               (11)   "transfer value" means  the proportion                                                                    
     of a vote that a  ballot will contribute to its highest                                                                    
     continuing ranking; each ballot  begins with a transfer                                                                    
     value of  one; if a  ballot transfers from  a nominated                                                                    
     candidate  with a  surplus, the  ballot receives  a new                                                                    
     transfer value  that is  calculated by  multiplying the                                                                    
     surplus  fraction of  the  nominated  candidate by  the                                                                    
     current  transfer value  of the  ballot, calculated  to                                                                    
     four decimal places and ignoring any remainder.                                                                            
        * Sec. 13. AS 15.15.360(a)(1) is amended to read:                                                                     
               (1)    A voter  may  mark  a ballot  only  by                                                                    
     filling in, making "X"  marks, diagonal, horizontal, or                                                                    
     vertical   marks,   solid    marks,   stars,   circles,                                                                    
     asterisks,  checks,  or  plus signs  that  are  clearly                                                                    
     spaced in the oval opposite  the name of the candidate,                                                                    
     proposition,  or question  that  the  voter desires  to                                                                    
     designate. In addition, a voter  may mark a ballot at a                                                                
     primary  or  special primary  election  by  the use  of                                                                
     roman  or Arabic  numerals that  are clearly  spaced in                                                                
     one of the  squares opposite the name  of the candidate                                                                
     that the voter desires to rank.                                                                                        
        * Sec. 14. AS 15.15.360(a)(4) is amended to read:                                                                     
               (4)  Except as provided in AS 15.15.350(c)                                                                   
     for primary  and special  primary election  ballots, if                                                                
     [IF] a  voter marks more  names than there  are persons                                                                    
     to be elected  to the office, the  votes for candidates                                                                    
     for that office may not be counted.                                                                                        
        * Sec. 15. AS 15.15.370 is amended to read:                                                                           
          Sec. 15.15.370. Completion of ballot count;                                                                         
     certificate. When  the count  of ballots  is completed,                                                                  
     and in no event later  than the day after the election,                                                                    
     the  election   board  shall  make  a   certificate  in                                                                    
     duplicate of the results.  The certificate includes the                                                                    
     number of votes cast  for each candidate, including the                                                                
     number  of  votes  at  each round  of  the  primary  or                                                                
     special   primary   ranked-choice   voting   tabulation                                                                
     process under AS 15.15.350(c), and  the number of votes                                                                
     for and  against each  proposition, yes  or no  on each                                                                    
     question, and any  additional information prescribed by                                                                    
     the  director. The  election  board shall,  immediately                                                                    
     upon  completion   of  the   certificate  or   as  soon                                                                    
     thereafter as  the local mail service  permits, send in                                                                    
     one  sealed package  to the  director one  copy of  the                                                                    
     certificate and the register.  In addition, all ballots                                                                    
     properly  cast shall  be mailed  to the  director in  a                                                                    
     separate,  sealed package.  Both packages,  in addition                                                                    
     to an  address on  the outside, shall  clearly indicate                                                                    
     the precinct  from which they  come. Each  board shall,                                                                    
     immediately  upon completion  of the  certification and                                                                    
     as soon  thereafter as the local  mail service permits,                                                                    
     send  the  duplicate   certificate  to  the  respective                                                                    
     election   supervisor.  The   director  may   authorize                                                                    
     election  boards in  precincts  in those  areas of  the                                                                    
     state   where   distance    and   weather   make   mail                                                                    
     communication  unreliable  to  forward  their  election                                                                    
     results by telephone, telegram,  or radio. The director                                                                    
     may  authorize the  unofficial totaling  of votes  on a                                                                    
     regional  basis by  election supervisors,  tallying the                                                                    
     votes  as  indicated   on  duplicate  certificates.  To                                                                    
     assure   adequate   protection,  the   director   shall                                                                
     prescribe the  manner in which the  ballots, registers,                                                                    
     and  all  other  election  records  and  materials  are                                                                    
     thereafter preserved, transferred, and destroyed.                                                                          
        * Sec. 16. AS 15.15.450 is amended to read:                                                                           
          Sec. 15.15.450. Certification of state ballot                                                                       
     counting review.  Upon completion  of the  state ballot                                                                  
     counting  review  for  a  primary  or  special  primary                                                                
     election, the  director shall  certify the  two persons                                                                
     receiving   the  greatest   majority  and   the  second                                                                
     greatest  majority of  votes for  the office  for which                                                                
     those  persons  were  candidates as  nominated  to  the                                                                
     general election  ballot, and, for a  general election,                                                                
     the  director shall  certify the  person receiving  the                                                                    
     largest number of  votes for the office  for which that                                                                    
     person was  a candidate as  elected to that  office and                                                                    
     shall certify  the approval of  a justice or  judge not                                                                    
     rejected  by a  majority of  the voters  voting on  the                                                                    
     question.  The  director  shall issue  to  the  elected                                                                    
     candidates   and  approved   justices   and  judges   a                                                                    
     certificate   of  their   election  or   approval.  The                                                                    
     director   shall  also   certify  the   results  of   a                                                                    
     proposition   and  other   question  except   that  the                                                                    
     lieutenant  governor shall  certify the  results of  an                                                                    
     initiative, referendum, or constitutional amendment."                                                                      
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 11, line 16:                                                                                                          
          Delete "number of votes and the second greatest                                                                   
     number"                                                                                                                
          Insert "majority of votes and the second greatest                                                                 
     majority"                                                                                                              
                                                                                                                                
     Page 13, line 13, following "ballots.":                                                                                  
          Insert "(a)"                                                                                                          
                                                                                                                                
     Page 13, following line 23:                                                                                                
     Insert a new subsection to read:                                                                                           
          "(b)  The director shall include instructions on                                                                      
     primary and special  primary election ballots directing                                                                    
     the voter to rank candidates  for an office in order of                                                                    
     preference and  to rank  as many  choices as  the voter                                                                    
     wishes,  but not  to assign  the same  ranking to  more                                                                    
     than one candidate."                                                                                                       
                                                                                                                                
     Page 13, line 28:                                                                                                          
          Delete "number of votes and the second greatest                                                                       
     number"                                                                                                                    
          Insert "majority of votes and the second greatest                                                                     
     majority"                                                                                                                  
                                                                                                                                
     Page 13, line 31:                                                                                                          
          Delete "number"                                                                                                       
          Insert "majority"                                                                                                     
                                                                                                                                
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          Delete "number"                                                                                                       
          Insert "majority"                                                                                                     
                                                                                                                                
     Page 22, line 28:                                                                                                          
          Delete "most"                                                                                                         
          Insert "greatest majority and second greatest                                                                         
     majority of"                                                                                                               
                                                                                                                                
     Page 23, line 16:                                                                                                          
          Delete "may vote for any candidate listed"                                                                            
          Insert "must rank the candidates in the numerical                                                                     
     order of  your preference,  ranking as  many candidates                                                                    
     as you wish. Your  second, third, and subsequent ranked                                                                    
     choices  will  be counted  only  if  the candidate  you                                                                    
     ranked first does not receive  enough votes to continue                                                                    
     on to the next round  of counting, so ranking a second,                                                                    
     third, or  subsequent choice will not  hurt your first-                                                                    
     choice   candidate.  Your   ballot   will  be   counted                                                                    
     regardless of whether  you choose to rank  one, two, or                                                                    
     more candidates  for each  office, but  it will  not be                                                                    
     counted if  you assign  the same  ranking to  more than                                                                    
     one candidate for the same office"                                                                                         
                                                                                                                                
     Page 23, line 17:                                                                                                          
          Delete "most"                                                                                                         
          Insert "greatest majority and second greatest                                                                         
     majority of"                                                                                                               
                                                                                                                                
     Page 23, line 28:                                                                                                          
          Delete "may vote for any candidate listed"                                                                            
          Insert "must rank the candidates in the numerical                                                                     
     order of  your preference,  ranking as  many candidates                                                                    
     as you wish. Your  second, third, and subsequent ranked                                                                    
     choices  will  be counted  only  if  the candidate  you                                                                    
     ranked first does not receive  enough votes to continue                                                                    
     on to the next round  of counting, so ranking a second,                                                                    
     third, or  subsequent choice will not  hurt your first-                                                                    
     choice   candidate.  Your   ballot   will  be   counted                                                                    
     regardless of whether  you choose to rank  one, two, or                                                                    
     more candidates  for each  office, but  it will  not be                                                                    
     counted if  you assign  the same  ranking to  more than                                                                    
     one candidate for the same office"                                                                                         
                                                                                                                                
     Page 23, line 29:                                                                                                          
          Delete "most"                                                                                                         
          Insert "greatest majority and second greatest                                                                         
     majority of"                                                                                                               
                                                                                                                                
     Page 25, following line 23:                                                                                                
     Insert a new bill section to read:                                                                                         
        "* Sec. 59. AS 15.80.010 is  amended by adding a new                                                                  
     paragraph to read:                                                                                                         
               (46)  "ranked-choice voting" means the                                                                           
     method of casting and tabulating  votes at a primary or                                                                    
     special   primary  election   in   which  voters   rank                                                                    
     candidates  in   order  of  preference  and   in  which                                                                    
     tabulation  proceeds  in  sequential  rounds  in  which                                                                    
     last-place candidates  are defeated and  the candidates                                                                    
     with  the greatest  majority of  votes  and the  second                                                                    
     greatest majority  of votes are nominated  to appear on                                                                    
     the general election ballot."                                                                                              
                                                                                                                                
     Page 26, line 9, following "NONPARTISAN":                                                                                  
          Insert "RANKED-CHOICE OPEN"                                                                                           
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE LEDOUX objected.                                                                                                 
                                                                                                                                
6:08:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  offered  that Amendment  2  provides  an                                                               
opportunity to include  "ranked-choice voting" in this  bill.  He                                                               
explained that  "ranked-choice voting" in  multi-winner elections                                                               
maximizes the effectiveness of every  vote to ensure that as many                                                               
voters as possible will help  elect a candidate they rank highly.                                                               
It  minimizes wasted  votes and  the impact  of tactical  voting,                                                               
allows  voters   to  have   more  choices,   encourages  positive                                                               
campaigning   collation    building,   upholds    both   minority                                                               
representation, and the  principle of majority rule.   Due to its                                                               
proven history,  its emphasis on  candidates rather  than parties                                                               
in  its ability  to allow  voters  to express  their full  honest                                                               
preference on  the ballots, ranked-choice  voting is the  form of                                                               
fair  representative voting  best suited  for use  in the  United                                                               
States  elections.   Recently,  he advised,  the  State of  Maine                                                               
decided to  take this  route and  they are  the first  state and,                                                               
were Alaska to do this it would be the second state.                                                                            
                                                                                                                                
6:09:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX said  she  was unsure  whether she  really                                                               
opposed  this amendment  as it  was fairly  complicated, but  she                                                               
would certainly look  into the amendment as the bill  moved on to                                                               
the next committee of referral, assuming it so moved.                                                                           
                                                                                                                                
6:10:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS described  it as  a monster  of an                                                               
amendment,   shared  Representative   LeDoux's  intrigue   having                                                               
followed ranked-choice  voting (RCV) quite  a bit, and  noted the                                                               
State  of  Maine  initiative  made Maine  the  first  state,  but                                                               
several municipalities  may have ranked-choice voting.   He asked                                                               
Representative Eastman  to explain  how this would  interact with                                                               
the bill  as written, whether it  would be an ornament  on top or                                                               
would effectively replace it.                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN   responded  that   there  many   way  of                                                               
performing  ranked-choice  voting,  and  in this  case  the  bill                                                               
creates a top  two results of a  primary that go off  into a run-                                                               
off  in the  general remains  as  is, the  amendment revamps  the                                                               
primary portion  of the bill  completely.  For example,  it comes                                                               
up in a situation where "you  have so many candidates who run for                                                               
the  office  based  on  however many  candidates  run"  and  then                                                               
calculate those top  two and those top two would  go on, and from                                                               
there the  bill would be  unchanged.   He explained that  part of                                                               
that is because it's the bill  in front of the committee and that                                                               
would have  been a completely  different bill to carry  that into                                                               
the general, but also, he  further explained, research found that                                                               
[Alaska's] constitution may  have a prohibition, at  least in the                                                               
gubernatorial race,  against ranked-choice voting in  the general                                                               
election for the governor.                                                                                                      
                                                                                                                                
6:12:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS  surmised   that  basically   the                                                               
primary election would be a  ranked-choice vote, and then the top                                                               
two coming out of that  ranked-choice vote primary election would                                                               
advance to the general, and it would be the top two.                                                                            
                                                                                                                                
REPRESENTATIVE EASTMAN answered in the affirmative.                                                                             
                                                                                                                                
6:12:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether  it would  still be  an open                                                               
primary system under Amendment 2.                                                                                               
                                                                                                                                
REPRESENTATIVE  EASTMAN  responded  that there  is  nothing  that                                                               
would say  it would  have to  change, and  that could  be another                                                               
discussion point  if there was  a reason  to change it.   Ranked-                                                               
choice  voting,  he  explained,  is  not  mutually  exclusive  to                                                               
nonpartisan  in  any manner.    There  could  still be  the  same                                                               
opportunity to identify  as a particular party  candidate but the                                                               
party would  not be  controlling who could  file for  office, and                                                               
who could be part of that first election.                                                                                       
                                                                                                                                
6:13:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked whether  the State  of Maine  has an                                                               
open primary, because her office  had not identified the State of                                                               
Maine as having an open primary.                                                                                                
                                                                                                                                
REPRESENTATIVE  EASTMAN replied  that  he thought  Representative                                                               
LeDoux was correct, but he was not  an expert on that part of the                                                               
process.                                                                                                                        
                                                                                                                                
REPRESENTATIVE LEDOUX related  that she would be  willing to look                                                               
into this.  It appears  Representative Kreiss-Tomkins may also be                                                               
fascinated by the idea and he  is the chair of the next committee                                                               
of referral, she offered.                                                                                                       
                                                                                                                                
REPRESENTATIVE   KREISS-TOMKINS  concurred   with  Representative                                                               
LeDoux's  comments,  and described  the  amendment  as a  knuckle                                                               
ball.                                                                                                                           
                                                                                                                                
6:14:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  said that he  does not support this  amendment, and                                                               
referred  to  Alpheus  Bullard, Legislative  Legal  and  Research                                                               
Services, 4/4/17  memorandum directed to  Representative Eastman,                                                               
page 3, last two sentences of  the first paragraph, which read as                                                               
follows:                                                                                                                        
                                                                                                                                
     Note that the language required to implement a "multi-                                                                     
     winner"  ranked-choice  system defines  simplification.                                                                    
     Given  the  time  allotted,  I  used  the  language  of                                                                    
     Fairvote's    multi-winner     ranked-choice    system,                                                                    
     modifying it only  as necessary or as  appropriate to a                                                                    
     "two-winner" system                                                                                                        
                                                                                                                                
CHAIR  CLAMAN commented  that  this is  an  interesting idea  and                                                               
there is the  notion that ranked-choice voting  is also sometimes                                                               
called the  "instant run-off method."   He opined that,  at least                                                               
with regard  to the state's nonpartisan  municipal elections, the                                                               
instant run-off  would be  a positive  thing particularly  in the                                                               
mayoral races  where 25  percent of  the voters  show up  for the                                                               
first go-round  which turns  out to  be a  run-off, and  about 15                                                               
percent  of  the  voters  show  up for  the  second  round.    He                                                               
described, with  regard to instant run-offs  and ranked-choice it                                                               
would be a service to the voters to not go through the cost.                                                                    
                                                                                                                                
6:15:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX maintained her objection.                                                                                 
                                                                                                                                
6:15:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  related that he appreciated  the comments                                                               
from the  committee as this  is something that hasn't  been tried                                                               
before, noting a desire to  change something for the better after                                                               
carefully considering what would  be considered "the better," and                                                               
that he offered the amendment as  part of that conversation.  The                                                               
drafter  of the  amendment  noted there  had to  be  a number  of                                                               
caveats to  account for all  of the different  potential outcomes                                                               
of tie-votes, such as incorrectly  marking a ballot and so forth,                                                               
which required complexity in the  language which was unavoidable.                                                               
He stressed that there was no slight  to the drafter who put in a                                                               
huge  amount  of time  drafting  the  amendment.   Representative                                                               
Eastman  withdrew  Amendment  2,   with  the  understanding  that                                                               
hopefully  this  amendment could  be  part  of the  understanding                                                               
moving forward.                                                                                                                 
                                                                                                                                
6:16:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS commented that  he is supportive of                                                               
the bill  and intrigued by  Amendment 2,  and was excited  to see                                                               
the bill and amendment in the next committee of referral.                                                                       
                                                                                                                                
6:17:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP commented  that he does not  support the bill                                                               
and believes HB 200 intentionally  dilutes the validity of having                                                               
political parties, the purpose of  having primary elections is so                                                               
that voters  can see  which candidate  best supports  their party                                                               
views,  and it  introduces mischief  into the  process by  having                                                               
insincere candidates  committing to carrying out  the platform of                                                               
the party on behalf of many voters.                                                                                             
                                                                                                                                
6:18:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  noted that  the policy  of the  bill had                                                               
not been  vetted well  and that she  found it  disturbing because                                                               
the  process in  which  people  are elected,  and  the people  in                                                               
power, is of the upmost importance  to the people of Alaska.  She                                                               
said she does not support HB 200.                                                                                               
                                                                                                                                
6:19:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE FANSLER said he was intrigued by this bill.                                                                      
                                                                                                                                
6:19:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  commented   that  like   many  of   his                                                               
constituents,  he  looked at  the  trend  in  the state  and  the                                                               
effectiveness of  its current primary process  and the relatively                                                               
new trend  of people running  in primaries and then  resigning or                                                               
moving to a different ticket, and  said he could not imagine that                                                               
this happens often in a lot of  other states.  Due to that issue,                                                               
there is  a desire  to step  away from that  trend and  this bill                                                               
might become  a vehicle to  do that,  except he does  not support                                                               
the bill's current language.                                                                                                    
                                                                                                                                
6:20:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  pointed  out   that  this  is  the  third                                                               
committee hearing  on this bill  and; therefore, it could  not be                                                               
said that this bill was being fast tracked.                                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX,  in  response   to  comments  made  in  a                                                               
previous  committee   hearing,  offered   to  make   available  a                                                               
memorandum  from  Legislative  Council  directed  to  Legislative                                                               
Legal and Research Services advising  how it is to prioritize its                                                               
work.   She  expressed there  is  nothing in  that memorandum  to                                                               
suggest that minority  amendments [or requests] be  placed at the                                                               
bottom of the barrel.                                                                                                           
                                                                                                                                
REPRESENTATIVE  LEDOUX advised  that for  the reasons  previously                                                               
stated, this  is a good bill  and she would appreciate  moving it                                                               
to the next committee of referral.                                                                                              
                                                                                                                                
6:22:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER moved  to  report CSHB  200, Version  30-                                                               
LS0038\U  out of  committee with  individual recommendations  and                                                               
the accompanying fiscal notes.                                                                                                  
                                                                                                                                
REPRESENTATIVE REINBOLD objected.                                                                                               
                                                                                                                                
6:22:23 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Kreiss-Tomkins,                                                               
LeDoux, Fansler,  and Claman  voted in favor  of moving  CSHB 200                                                               
out of  committee.  Representatives  Reinbold, Kopp,  and Eastman                                                               
voted against it.   Therefore, CSHB 200(JUD) was  reported out of                                                               
the House Judiciary Standing Committee by a vote of 4-3.                                                                        

Document Name Date/Time Subjects
HB200 Draft Proposed CS ver U 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Sponsor Statement 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Explanation of Changes ver U 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Sectional Analysis ver U 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Bill Highlights 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Sectional Analysis ver O 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Supporting Document-Washington Supreme Court Ruling 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Supporting Documents-Top 2 Primary FAQs for Candidates - Elections & Voting - WA Secretary of State 4.10.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Additional Document-Top Two Primaries Nationally 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Supporting Document-Letters 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Additional Document-Legal Opinion 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Additional Document-Leg Research Report Voter Turnout 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Supporting Document-Additional Letters of Support 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Opposing Document-Letters of Opposition 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Opposing Document-Letter and Articles Kenneth Jacobus April 10th, 2017 4.15.17.pdf HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Opposing Document-Letter and Article Kenneth Jacobus April 11th, 2017 4.15.17.pdf HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Amendments #1-2 4.15.17.pdf HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Amendments #1-2 HJUD Final Votes 4.15.17.pdf HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Fiscal Note OOG-DOE 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB013 ver O 4.14.17.PDF HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Sponsor Statement 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Explanation of Changes 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB13 Supporting Document - Timeline for Korematsu's Resolution 2.17.17.pdf HJUD 4/15/2017 10:00:00 AM
HSTA 2/18/2017 11:00:00 AM
HB 13
HB013 Supporting Document-Korematsu v US 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Supporting Document-Research Document 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 HJUD PowerPoint Presentation 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 HJUD PowerPoint Presentation 4.14.17.pptx HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Fiscal Note OOG-OMB 4.14.17.PDF HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13