Legislature(1993 - 1994)
02/22/1994 08:00 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 346 - VOTER REGISTRATION:CONFORM TO FEDERAL LAW REPRESENTATIVE FRAN ULMER, sponsor of SSHB 346, stated SSHB 346 is Alaska's attempt to conform with the federal motor voter law. Last year, Congress adopted the motor voter law to make it easier for individuals to get registered to vote. Congress gave states until January 1, 1995, to comply with the law; Alaska has not at this time. Legal Services compared Alaska statutes with the federal requirements and drafted SSHB 346 for Representative Ulmer, to bring Alaska into compliance. SSHB 346 requires voter registration to be easier for the public and requires that when an individual gets a motor vehicle registration, it is simultaneously an application to vote. SSHB 346 also requires when an individual changes his/her drivers license address, it automatically changes the voter registration address. When registering to vote by mail, SSHB 346 provides the application does not have to be notarized. SSHB 346 also requires that an individual who does not vote will not be removed from the voter registration list any longer. REPRESENTATIVE JERRY SANDERS joined the meeting at 8:05 a.m. Number 075 REPRESENTATIVE HARLEY OLBERG asked what SSHB 346 was trying to accomplish, and why is it necessary to make it easier to vote. Number 080 REPRESENTATIVE ULMER responded in a democracy, one of the public policy goals which supports democracy is the participation of the public in their government. The public should be encouraged to vote by reducing the impediments, such as not being currently registered to vote because an individual moved and forgot to notify the officials of the change, related to voting requirements. Some individuals may not have a high amount of interest in voting and, if voter registration was included in the motor vehicle registration process, it may promote participation and interest. Representative Ulmer stated, as a member of the League of Women Voters, one of their goals is to make it easier to register to vote and to encourage people to participate. CHAIR VEZEY asked if the committee had a copy of the federal motor voter bill. Number 112 REPRESENTATIVE ULMER responded yes, Jack Chenoweth from the Legal Services Division brought a copy. Number 113 CHAIR VEZEY asked how could registering to vote be made easier in Alaska. Number 121 REPRESENTATIVE ULMER answered voter registration would be easier if applications for registration were in more places. For example, in addition to motor vehicle licensing, public assistance offices which serve the disabled, who may not drive, and the armed services may also distribute applications. With an increase in access, Representative Ulmer estimated there would be 10-15 percent more people registered to vote. Number 144 CHAIR VEZEY asked if the state of Alaska already mails a voter registration application to every resident of the state every year. Number 147 REPRESENTATIVE ULMER replied the committee would have to ask the Division of Elections for an answer to that question. CHAIR VEZEY believed it would be good to know if the state already mailed the applications every year, before the law is changed. Number 150 REPRESENTATIVE ULMER stated the purpose of SSHB 346 is to comply with federal law. Federal law requires every state by January 1, 1995, to comply with the motor voter registration requirements. Alaska's statutes do not comply. She believed the requirements were reasonable and, in terms of extending access, they would be a "good public policy step" for Alaska to make. Number 160 CHAIR VEZEY felt SSHB 346 was reasonable, in light of the fiscal note. Number 165 REPRESENTATIVE OLBERG asked what the consequences of not complying with the federal requirements would be. Number 166 REPRESENTATIVE ULMER recollected the federal motor voter sets a compliance date, January 1, 1995, "without a big hammer over our heads." She believed the compliance date was set in the hope the states would "see the wisdom in making it easier for people to vote." Number 175 REPRESENTATIVE PETE KOTT questioned whether or not the committee wanted the drafting attorney to give a sectional analysis of SSHB 346. He would like to have one. Number 178 REPRESENTATIVE ULMER replied there is a sectional analysis and the drafting attorney could go over it with the committee. Number 180 CHAIR VEZEY believed the committee had been asking questions about the philosophy of SSHB 346. He believed the fiscal note from Health and Social Services did not reflect much more than the cost of printed materials. The department estimates 10 minutes per client for each processing agent. Number 194 REPRESENTATIVE ULMER stated she would appreciate it if Jack Chenoweth, could speak about the issue of access and if SSHB 346 would expand the number of people who could get registered in Alaska. Number 200 CHAIR VEZEY said he would like the committee to bring out their questions first and then perhaps the witnesses could answer them. Number 204 REPRESENTATIVE OLBERG asked how the $10 fee to register a vehicle in person applies to registering to vote at the same time. CHAIR VEZEY replied the fee could be interpreted as a head tax or poll tax. He was not sure. Number 211 REPRESENTATIVE KOTT responded to Representative Olberg, " I hope we've taken care of that problem," referring to the $10 fee. CHAIR VEZEY examined another fiscal note from Health and Social Services (H&SS) for $155,000 which is based on the personal services of .32 of a full-time equivalent at Clerk Typist III (FTE), from 7.35 equivalent of FTE's. (Reference page 2, paragraph 2, of H&SS Institutions and Administration fiscal note, on file.) He examined the fiscal note from H&SS Women, Infants & Children Division, which ranges about $10,000 for 1995, then $21,000 in 1996. He stated the committee does not have a fiscal note from the Division of Motor Vehicles (DMV), but does have a zero fiscal note from the Department of Corrections. The Office of the Governor, Division of Elections, has a $90,000 fiscal note. Chair Vezey felt it would "be impossible to have any state laws where it's easier to register than the state of Alaska." Two citizens of the state can register another voter in Alaska. A noncommissioned officer of the armed forces can register a voter in Alaska. He believes Alaskan residents are not purged from registration polls unless they have not voted for three years of elections cycles. Number 258 REPRESENTATIVE ULMER responded under the federal motor voter bill, it is required that the state not purge individuals for not voting. Representative Ulmer agreed there are a number of ways to vote, but particularly in rural Alaska, there is a fairly large percentage who are not registered to vote. Number 262 CHAIR VEZEY stated these individuals do apply for permanent fund dividends (PFD), and when they receive the PFD application, a voter registration application is included. Number 264 REPRESENTATIVE ULMER responded if voter registration was in more places, where individuals come in to get services, it will make it easier for people to register simultaneously with other processes. She believed this would help achieve her public policy goal. Number 274 REPRESENTATIVE SANDERS asked if any figures had been calculated to estimate how many people SSHB 346 might entice to register, and if it focused towards the cost of registering an individual. Number 279 REPRESENTATIVE ULMER was not sure, but she guessed the Division of Elections had not broken down the cost on a per person voter basis versus the current cost. She offered to let the Division of Elections explain in more detail. Number 287 REPRESENTATIVE OLBERG stated he would also like to have the sectional analysis examined. He quoted from page one of the H&SS, Women, Infants & Children fiscal note," DPH (Department of Public Health) and grantee staff must also assist applicants who request help in completing the voter registration forms and mail in the completed forms for individuals who do not wish to mail them themselves. Under federal law, public health applicants must be requested to agree to decline in writing to register to vote, and written declinations must be retained in state records." He then asked if state employees are supposed to suggest party affiliation to individuals. Number 305 CHAIR VEZEY replied, under present law, party affiliation is an optional category of information. He had not checked to see if SSHB 346 would change this provision. Number 307 REPRESENTATIVE ULMER clarified there is a provision which prohibits a registration official or assistant from seeking to influence a voter registration applicant's political preference regarding political party. Assistants would be instructed not to interfere with an applicant's party selection. Number 313 CHAIR VEZEY received a fiscal note from the Department of Public Safety, Division of Motor Vehicles. He commented to the committee that Jack Chenoweth, Legal Services Division, was available to testify although he had not signed the witness register. Number 334 JACK CHENOWETH, SSHB 346 DRAFTING ATTORNEY, LEGAL SERVICES DIVISION, introduced himself. Number 339 REPRESENTATIVE OLBERG clarified that Mr. Chenoweth was speaking about SSHB 346. CHAIR VEZEY was not aware of a sponsor substitute. Number 348 MR. CHENOWETH stated HB 346 and SSHB 346 are "identical except for a definition supplied to (indiscernible) of public assistance that narrows the programs that must comply." Number 350 CHAIR VEZEY stated he did not have a copy of SSHB 346 in his packet. Number 352 MR. CHENOWETH stated SSHB 346 is proposed, because years ago Congress decided it ought to have a larger role in overseeing federal elections. The Motor Voter Act specifically states that the provisions, required of states, are required because of federal elections. He believed the changes being proposed in law to comply with the Motor Voter Act should not result in a "dual registration system - one for federal office and one for everything else.." The changes proposed in SSHB 346 would be "across the board," although the requirements of the Motor Voter Act are "imposed upon the conduct, by the state, of its federal elections." Only four sections of the Motor Voter Act are pertinent to the changes proposed in SSHB 346. The requirements relating to voter registration has to be made simultaneously with the motor vehicle driver's license. MR. CHENOWETH sensed the Department of Public Safety's current process of forwarding the registration applications to the Division of Elections was not sufficient. The language of the Motor Voter Act states,"each state motor vehicle driver's license application, including any renewal application submitted to the appropriate state motor vehicle authority under state law, shall serve as an application for voter registration unless the applicant fails to sign the voter registration application." In summary, there will be a one or two page form requiring all the information normally given as part of a motor vehicle registration form combined with specific voter registration information, determining district area, etc. SSHB 346 makes this form change. If an individual changes his/her address at the DMV, it will correspondingly change his/her election registration address, unless the individual chooses not to do so. The National Voter Registration Act requires voter registration applications by mail, of which Alaska does extensively. SSHB 346 changes will conform state law to organize the content of the mail-in form to federal requirements. Public assistance agencies were also recognized, under the federal Motor Voter Act, as agents for voter registration. SSHB 346 addresses programs which deal with Medicaid, AFDC, food stamps, and the Women, Infants & Children program as the agents for voter registration. These programs are primarily within H&SS, as public assistance, and will receive and process application materials. There are also federal requirements which require the state to try to contact an individual before his/her registration is purged. Getting no response or an incomplete response from the individual is the only legitimate way to purge individuals registrations from the master registration role. An inactive registration status is no longer accepted federally. MR. CHENOWETH believed the Lieutenant Governor's Office or the Governor has submitted a bill comparable to SSHB 346. HB 346 was drafted in the fall of 1993, based upon Mr. Chenoweth's review of the National Voter Registration Act. He agreed with Chair Vezey that Alaska does have an open registration system; however, the federal government has required that four areas be addressed. He stated SSHB 346 was drafted in response to these four areas. (REPRESENTATIVE SANDERS left the meeting at 8:25 a.m.) CHAIR VEZEY clarified the scope of SSHB 346 is federal elections. Number 452 MR. CHENOWETH said yes, the federal government requires the National Voter Registration Act apply to elections to federal office. Rather than maintain a dual system, one at state level for legislative and gubernatorial elections and one for federal elections, a blended system will cease registration requirement misconceptions between the two elections. Number 462 CHAIR VEZEY asked Representative Olberg if an examination of the sectional analysis was still necessary. REPRESENTATIVE OLBERG said it was not necessary. Number 468 Hearing no objection, CHAIR VEZEY decided not to examine the sectional analysis. Number 469 REPRESENTATIVE ULMER asked what the consequences would be if Alaska did not comply with the Federal Motor Voter Act. Could someone challenge the validity of the vote in a federal election. Number 476 MR. CHENOWETH replied there would likely be a challenge to the vote. By the Voting Rights Act of 1965, Alaska must submit any changes in elections through the Department of Justice for approval. Certain citizens may try to take Alaska to court for not being in compliance with the National Voter Registration Act. He believed the state may lose, and there would be a federal court order telling the state to comply. A comparable bill to HB 346 would then have to be passed by a future legislature due to a court order. Number 489 REPRESENTATIVE KOTT inquired if there are any states already implementing similar policies to those covered in SSHB 346, or have they not had the opportunity. Number 491 MR. CHENOWETH suspected most states are dealing with these changes in 1994. North Dakota, was exempted, because it does not have voter registration. By federal law, a citizen of North Dakota can walk in, show citizenship of that state, and vote without proof of registration. Other states have a system whereby an individual can register to vote and caste a vote simultaneously, which exempts them from the federal law requirements. Approximately 45 states are currently involved in the same initiating process as Alaska. A 1996 election year set date is allowed federally, for those states which have state Constitutional amendments to send to the ballot. Alaska should have its statutes changed by January 1, 1995. Number 510 REPRESENTATIVE KOTT asked if there were any exemptions or possibly a waiver which could apply to Alaska because of the permanent fund dividend and voter registration mailing process. Number 513 MR. CHENOWETH replied he had not seen any kind of waiver in the federal act which would apply to Alaska. He felt the Division of Elections may be better able to find an exemption or waiver. Number 523 CHAIR VEZEY introduced LAURA GLAISER as the next to testify. Number 529 LAURA GLAISER, STAFF PERSON, DIVISION OF ELECTIONS, offered suggestions to SSHB 346. She said the policies stated by Mr. Chenoweth are all in compliance with SB 303, drafted by her office. Representatives from the Federal Election Commission and the Department of Justice (DOJ) worked with her to draft a bill which arrived at the Department of Law in September or October, and was submitted as SB 303. She said, in drafting the bill, waivers and exemptions were not seen. When the permanent fund dividend application process was illustrated to representatives from the DOJ, they could only reply "we won't tell you what you can do to be in compliance, we'll just sue you when you aren't." Ms. Glaiser stated the DOJ will not review a state's bills first to see if they are even near compliance. The DOJ is going to wait until Alaska is challenged and then force the state to make the changes. SB 303 is an attempt to make the most minimum changes to Alaska's laws. She asked if (they) cared if SB 303 affected voter turnout, believing registering additional people will not help, if they do not go to the polls to vote. The Federal Election Commission told Ms. Glaiser they were not concerned with voter turnout. She noted she had been working with Representative Ulmer on HB 346 and pointed out there had been changes to suit their concerns in SSHB 346. MS. GLAISER was concerned about Section 5 of SSHB 346, requiring witnessing of a by-mail voter registration application, because Section 93 of the Federal Act states that no requirement can be made for notarization or other formally authentication may be included. SB 303 has removed witnessing from all of the forms. She relayed that other states are similarly blending these changes into their state laws, even though the federal act primarily relates to federal elections. To set up a separate program for only federal elections would be nearly impossible to do. (REPRESENTATIVE SANDERS returned to the meeting at 8:38 a.m.) Number 569 CHAIR VEZEY asked if SB 303 passed, the state would no longer allow two persons to witness a voter registration, and make it harder to register to vote. Number 572 REPRESENTATIVE OLBERG clarified SB 303 requires no witnesses to register to vote, the "Chicago provision." Number 574 CHAIR VEZEY responded any person could fill out a form, sign it, and they are registered. Number 575 MS. GLAISER explained the provision related to by-mail voter registration and by-mail voting. She saw a conflict between requiring those who apply in person to be witnessed and not requiring witnessing from those who apply by mail. Number 581 CHAIR VEZEY believed the current mail-in form requires the signature of two citizens of the state of Alaska. Number 582 MS. GLAISER replied yes. Number 584 REPRESENTATIVE ULMER clarified signatures are required at present, and also in SSHB 346. She pointed out SSHB 346 has eliminated the requirement of a notary. She felt the requirement to notarize was the provision in conflict with federal law, and asked Ms. Glaiser if it was her understanding that the interpretation is that the federal law requires no witnessing requirements for registration by mail. Number 590 CHAIR VEZEY was not aware of anywhere in voter registration or voting where a notary signature is required. Number 592 MS. GLAISER stated a notary is required by existing law. Number 596 REPRESENTATIVE ULMER referenced page 3, Section 5, of the existing law AS 15.07.070(b), regarding the notary public. SSHB 346 would remove this. Page 3, line 17-22, of the existing law can be read with regard to what notarization is required. Number 600 MS. GLAISER noted the exact language of the law had been, and is suggested to be removed in SSHB 346 as well as SB 303. "The form shall be executed before notary public, a commissioned officer of the armed forces including the national guard, a district judge or magistrate, a United States Postal Official, or other person qualified to administer oath. If none of the officials listed in this subsection is reasonably accessible, the person shall have the form witnessed by two persons over the age of 18 years." CHAIR VEZEY clarified a notary is a public official who can register an individual to vote. MS. GLAISER said yes. Number 607 CHAIR VEZEY asked why the notary requirement should be taken out; thereby, narrowing the number of public officials who can register individuals to vote Number 609 MS. GLAISER responded with the federal mandate, it is believed the removal of all the stipulations will make it easier for a person to vote. When the Federal Elections Commission was asked whether witnessing was formal authentication, they replied yes. Number 613 CHAIR VEZEY commented the federal government seemed to be advocating the election process be opened up to election fraud. The current form at least gives some independent verification that the information is true. He gave an example of fraud, which used to take place years ago in Chicago, where names from the cemetery were used to register voters. He felt the results of SSHB 346 would be ludicrous. Number 618 MS. GLAISER shared Chair Vezey's concerns. She stated when she met with the federal government, it was very frustrating to her because their legislators who worked on this Act were not present at any of the meetings. She could not find any other response for Alaska to get into compliance. Number 627 CHAIR VEZEY felt opening up the elections and inviting voter fraud would not be a "feather in the cap of democracy." Voter fraud has been a serious problem in the United States. He stated the legality of John F. Kennedy's presidential election as an example. MS. GLAISER replied she has read extensively on voter fraud; however, Alaska must work within the federal mandate. The federal government argued is "it is just as easy to have two fraudulent witnesses as it is to commit fraud on your own." Individuals do still have to sign a disclaimer that the information given is true, and it is a misdemeanor if it is falsified. Number 639 CHAIR VEZEY commented an individual could, in the meantime, vote ten times under false names. Number 640 MS. GLAISER replied only once. Number 642 CHAIR VEZEY stated people can be very clever and there are records of dead people voting in the United States. Number 644 MS. GLAISER believed Chair Vezey's concerns had been voiced in Congress and "this is what's resulted." Number 646 REPRESENTATIVE OLBERG stated at the Oil Spill Trustees meeting, there is never a written legal opinion when they discuss a proposal. Something is proposed, passed on to the Justice Department, and the Justice Department says they do not like it. When the Oil Spill Trustees ask the DOJ if they want to put their disagreement in writing, they reply, "no we would not." If the DOJ did submit a written disagreement, Representative Olberg stated, the court would probably find the statement illegal. He felt Ms. Glaiser may have had a similar type of conversation with the DOJ. Number 655 CHAIR VEZEY said if this scenario troubled Representative Olberg, he should note there has been about a 25 percent increase in the number of federal attorneys within the last year or two. Number 658 REPRESENTATIVE KOTT felt the objective of the federal mandate is to get people registered, even if they do not want to respond and vote. He could not understand why the federal mandate was introduced as it is. Representative Kott expressed concern over the purging of records, and wondered if the records would swell tremendously. What would the Division of Elections do to minimize the overload and keep track of those moving around and out of the state. MS. GLAISER replied she had similar concerns. Alaska is fortunate to have a computerized voting system, other states are in a much worse position in trying to adapt. The Division of Elections has a computerized registration list, which will be the master copy to suit the federal mandate. The district printouts will be in order because Alaska has questioned and absentee ballots, a form of "fail safe voting" in federal terms. The concern of the federal mandate is federal elections. No one in Alaska will have their rights abridged by the current process of purging individuals from the voting system. The lack of voting cannot be the only reason a person is purged, a notice must be sent. TAPE 94-18, SIDE B Number 000 MS. GLAISER said the voters will have the opportunity to vote honestly and fairly with the questioned ballot system. If a person votes on a questioned ballot, he/she will automatically be put back on the master list. Signing a petition, after not voting for two-four years, will automatically move a person back on to the precinct and district lists. The federal mandate has helped the Division of Elections open up the voting system and make it better and more accessible to Alaskans. Number 015 REPRESENTATIVE KOTT clarified the lists will be clear and expressed his current lists have three or four families assigned to the same household. Because the current problem may compound by two-fold, Representative Kott felt the lists would not be very clear. Number 033 MS. GLAISER responded the Division of Elections is doing the best they can to work with the voter registration cards. It is the person's responsibility to keep the cards clear and the Division makes the changes as soon as they are available. The simultaneous registration through motor vehicles, provided by the motor voter law, will enhance the records. Number 049 REPRESENTATIVE OLBERG asked if every seasonal employee who comes to Alaska and accesses any of these services is going to be or may be registered to vote. Number 058 MS. GLAISER answered as long they meet the requirements for voter registration, they will be registered. Individuals who are trying to receive permanent fund dividends are already registering to vote and will probably continue to do so. SSHB 346 and SB 303 do not include provisions to block this kind of registration. The Division of Elections is open to suggestions. Number 073 REPRESENTATIVE ULMER asked for the other two suggestions Ms. Glasier had mentioned, as the committee had only heard one. Number 077 LAURA GLAISER stated Section 10 of SSHB 346, considers those people working within state agencies, which have been declared voter registration agencies, to be considered registrars. Therefore, requiring training and possible testing and evaluation by the Division of Elections. She stated, in the research she has done with the Division of Elections, in SB 303 the affected state agencies would be considered voter registration agencies, but not registrars. This is to give the agencies the freedom to perform their registration tasks, without requiring the testing, evaluation, and the record keeping by the Division of Elections. As registrars, she said, they would just add to the bureaucracy, and the testing and evaluation by the Division of Elections will require a full-time employee to manage it. MS. GLAISER mentioned her concern with state agencies assisting people in the voter registration application. She suggested the use of a sheet that state agencies could hand out which gives a written description of the different parties. Each party could write a 50-word or less description in their own words. This would avoid putting the state employee in an awkward position when a person asks a compromising question. MS. GLAISER noted SSHB 346 fails to designate a chief election official and Section 10 of the National Voter Registration Act requires each state to designate a state officer to be responsible for the coordination of this Act. SB 303 names the director of the Division of Elections to do this. Number 139 REPRESENTATIVE ULMER returned to the registrars issue in Section 10 of Federal Motor Voter Act. If the employee assisting registration is not considered a registrar, but should have some training, how important is it to designate that employee as somebody else. She wanted to clarify if Ms. Glaiser meant only one employee in the agency or more, and if they would be properly trained. Number 154 MS. GLAISER replied there would be a training seminar for those employees within the agencies that would be providing the voter assistance. If a trained employee left his/her position, the responsibility would exist to train the incumbent employee or have a yearly refresher training seminar. The training for registrars currently takes about 15-20 minutes. Not naming the separate agencies as registrars will prevent them from having to be tested and evaluated. Number 173 REPRESENTATIVE ULMER asked if the agency employees should be specially designated as voting assistants, so they do get the training and are different from other employees without the training. The additional step up to registrar would not be required. Number 176 MS. GLAISER answered SB 303 did not name the employees specifically. Through regulation, policy and procedure between the agencies, they were going to be accepted as those people who will be assisting filling out the forms. She did not have a problem with naming them voting assistants and then define it in SSHB 346. Her objective was to avoid the added bureaucracy, cost, and record keeping to the state. Number 189 REPRESENTATIVE ULMER asked if registrars had to keep track of how many people they register and send it in. Number 191 MS. GLAISER responded the registrars system is kept separately in a computer file. They are tested, can be evaluated, are responsible to the director, and they are appointed at the director's will. She noted this provision is an agreement between the agency and the Division of Elections to come into compliance with the federal act. The agencies do not serve at the pleasure of the director, so as not to come into conflict with certain agency rules. Number 217 REPRESENTATIVE KOTT clarified that this is an unfunded mandate from the federal government and there are no grant monies available. MS. GLAISER answered Representative Kott was correct. Number 227 REPRESENTATIVE KOTT wondered what the percentage of unregistered individuals in Alaska might be. Number 231 MS. GLAISER replied she was not sure, but she guessed 67 percent were not registered. At the last general election, 82.9 percent of voters turned out to vote. She noted this percentage of voting individuals was relayed to the Federal Election Commission. The participation and voter registration drives in Alaska are phenomenal, she thought. Number 242 CHAIR VEZEY believed there are approximately 340,000 registered voters and a significantly high percentage of voter registration in Alaska. Number 252 REPRESENTATIVE KOTT asked Ms. Glaiser if 82.9 percent applied to registered voters. MS. GLAISER said Representative Kott was correct. The Division of Elections is researching how much it would cost to increase voter registration and at what percentage it would increase. They do not know now. She explained that if 85 percent are reached through motor vehicle registration, every household is reached with permanent fund dividend applications, and others reached through H&SS, the registration process will overlap. The Division of Elections would like to do the most at the least expense. REPRESENTATIVE KOTT commented the cliental which will now be registered generally do not vote. He noticed the conflict in the objective to get people registered, but not to ensure they actually vote. He felt the objective should be the latter. Representative Kott asked what the status of SB 303 was. MS. GLAISER answered SB 303 was in Senate State Affairs Committee and will be heard next week. Number 283 REPRESENTATIVE OLBERG inquired if there were any statistics as to how many people actually registered with the application included with the permanent fund dividend (PFD) application. MS. GLAISER replied the first year, there were a great deal of errors with individuals filling out the form incomplete. The form serves as a notification of a change of address, more so than increasing voter registration. There is a low percentage which affect increasing voter registration. Number 297 REPRESENTATIVE OLBERG commented the state pays people a dividend to register to vote and asked what more incentive must there be. An individual acquires an address, driver's license, and a voter registration when they first come to Alaska to establish a residency date to get a dividend. He noted Alaska is the only state which pays $900 a year to register to vote and asked Ms. Glasier if that had been suggested as a possible exemption. MS. GLAISER affirmed Representative Olberg, and replied the attorney she has dealt with has worked with Alaska on reapportionment issues and he was very familiar with the unique features Alaska has to offer. She said the attorneys, with their knowledge, still could not answer or confirm Alaska would be exempt with the PFD application. She has been in several meetings to discuss challenging solely on the basis of the PFD application, and no one felt secure the state would win in court. Having the court decide something much worse for the state was more of a concern. REPRESENTATIVE GARY DAVIS reiterated other states were given waivers and wanted to know why they were. Number 324 MS. GLAISER responded North Dakota was exempted because they have no voter registration at all, and the other possibility was if an individual could register simultaneously at the poll when going to cast a vote. Congress' intent was to make in as simple as possible. REPRESENTATIVE G. DAVIS asked if both of those exemptions were used in North Dakota. CHAIR VEZEY clarified there were two states. REPRESENTATIVE G. DAVIS understood. REPRESENTATIVE OLBERG suggested the committee should consider the options that Ms. Glaiser mentioned as exemptions. At least an individual would have to physically be there to vote. Number 348 MS. GLAISER responded Alaska cannot go back and change our current laws, it would have had to be in place when the president signed the Federal Motor Voter Law. Number 355 Hearing no more testimony, CHAIR VEZEY held SSHB 346 in committee for further review. He called for a recess at 9:06 a.m. and noted HB 483 would be postponed by sponsor request.
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