Legislature(1997 - 1998)
04/09/1998 08:13 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 257 - VOTING & ELECTIONS Number 0038 CHAIR JAMES announced the next order of business is HB 257, "An Act relating to voter qualification, disqualification, and registration; to voter registration officials; to election notices; to mail elections; to certain voting procedures; to the transportation of ballots; and to the official election pamphlet and certain immunity from liability regarding claims arising from publication of the official election pamphlet," sponsored by the House Rules Standing Committee. Number 0040 GAIL FENUMIAI, Election Coordinator, Division of Elections, Office of the Lieutenant Governor, came before the committee to provide information on HB 257. She stated the division has prepared a draft committee statement dated April 7, 1998. UNIDENTIFIED SPEAKER made a motion to move proposed CSHB 257. Number 0045 CHAIR JAMES announced there being no objections CSHB 257 is before the committee. MS. FENUMIAI explained that the reason the bill is so large is that the Division of Elections is changing the term "questioned" ballot to "special review" ballot which they feel better reflects the true intent of the questioned ballot. MS. FENUMIAI pointed out other changes in the bill to current law are extending the deadline for absentee voting by fax to the day before the election. Current statute is four days before the election. Increasing the deadline to 5:00 p.m. the day before would then allow an extra opportunity for people to be able to vote. MS. FENUMIAI said the bill also is streamlining and improving the absentee by personal representative voting process. It cuts down the number of steps between the personal representative, the election official and the voter, it also cuts down on the number of times the people need to sign the confusing form. In 1996 15 percent of the ballots that were voted absentee by personal representative, were rejected for insufficient witnessing or Alaska signature. Ms. Fenumiai said they feel the new process will greatly improve that as well as add additional checks and balances on behalf of the personal representative. She indicated they have to provide identification, sign a log, sign a log again when they return the ballot, provide the date and time when they returned the ballot. She concluded, for the first time, the division would know the name of the personal representative, have an address, and have a form of identification which they presented. Number 0063 REPRESENTATIVE JOE RYAN said this is the person can't make it out to vote and you send a personal representative out with the ballot and that representative brings the ballot back to the voting place. MS. FENUMIAI replied that's correct. REPRESENTATIVE RYAN asked how many people do this, in a ballpark number. MS. FENUMIAI responded in 1996 there was approximately 500 people that voted absentee by personal representative. Number 0068 MS. FENUMIAI mentioned there are additions in this bill that would allow the division - to give the division statutory authority to conduct an election with "optical scanning ballot tabulation" technology. She also noted there are also minor changes to the official election pamphlet statute, and an addition that would allow for unemployment tax exemption to election workers who make less than one thousand dollars in a calendar year that is the result of the balanced budget Act of 1997, in order to take advantage of that the state needs to bring their laws into compliance with the federal law. Number 0077 REPRESENTATIVE ETHAN BERKOWITZ suggested a proposed amendment to page 4, line 20, by adding "E-mail." and the address, phone number and E-mail address of the election supervisor or supervisors for the judicial district in which the notice is broadcast. CHAIR JAMES asked if there were objections. There being none the amendment was unanimously adopted. REPRESENTATIVE RYAN said, "Having been, along with Representative Berkowitz, through all the fine details of this that my changes I understand are special review takes the place of question ballots and the electronic voting, but the punch ballots will still be available, will still be sorted, and kept in the original districts like they were, and so forth and so on, and there's a tally count to make sure that we don't come up with more absentee ballots than were sent out and we don't have more special review ballots than were originally calculated because these things some times grow in dark places, they've been known to, perhaps not in Alaska, but Texas is notorious for 'dark ballot box' growing." Number 0103 MS. FENUMIAI remarked the process of what is now known as the "question ballot process" would not change, they are just simply changing the term to "special review ballot." The process the Division of Elections has used in past elections will continue according to the way they are written in statute. REPRESENTATIVE RYAN pointed out they found a bunch of ballots in a box (tucked under something) that had already been counted. He said fortunately they were in his favor. REPRESENTATIVE BERKOWITZ said, "Me too." REPRESENTATIVE RYAN said it makes one nervous. MS. FENUMIAI responded this bill does not change the process, it just simply changes the term. Number 0112 REPRESENTATIVE BERKOWITZ referred to Section 39, AS 15.58.030(f): A candidate's photograph must be five by seven inches in size and must have been taken within the past five years. The photograph must be limited to the head, neck, and shoulders of the candidate. REPRESENTATIVE BERKOWITZ said no one could ever explain why it had to be five by seven. He pointed out it is an awkward size to get. MS. FENUMIAI wasn't able to respond. CHAIR JAMES asked Representative Berkowitz what would be the size he would like. REPRESENTATIVE BERKOWITZ replied passport. MS. FENUMIAI remarked the passport size might be too small for the use of the official election pamphlet. She assumes the publisher or the printer would then have to enlarge that. Number 0122 REPRESENTATIVE KIM ELTON stated he was previously in publishing and the five by seven is generally the minimum size a printer would want because of quality issues - when you try to enlarge them. He asked why just five by seven instead of eight by ten or something else. CHAIR JAMES indicated she put a booklet together one time and said you do have to have consistency. REPRESENTATIVE RYAN said he has a scanner which he can scan any size photograph, enlarge it or reduce it in size, and enhance it, he can also print it on a colored printer with the quality of a photographic print. He noted, if they are still using archaic printing technology, he thinks they should come forward. MS. FENUMIAI said they are removing the requirement for it to be black and white, they will take colored photos. Number 0138 REPRESENTATIVE HODGINS said he concurs with Representative Berkowitz and suggested a friendly amendment for the photograph to be bigger than a passport. CHAIR JAMES said she is not comfortable changing it at this point in time since she has no knowledge of the technology that is used. REPRESENTATIVE BERKOWITZ asked if this could be checked into because this may just have to do with old requirements rather than old technology. CHAIR JAMES asked Ms. Fenumiai to take that request to the House Finance Standing Committee [HB 257's next referral]. MS. FENUMIAI said she would. REPRESENTATIVE ELTON made a motion to move CSHB 257 with individual recommendations and attached zero fiscal note. There being no objections CSHB 257(STA) moved from the House State Affairs Standing Committee
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