Legislature(2001 - 2002)
04/28/2001 09:06 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
SB 187-ABSENTEE AND SPECIAL NEEDS VOTING CHAIR COGHILL announced that the first order of business would be CS FOR SENATE BILL NO. 187(FIN), "An Act relating to absentee and special needs voting." Number 0103 LORETTA BROWN, Staff to Senator Jerry Ward, Alaska State Legislature, presented SB 187 on behalf of the sponsor. Ms. Brown explained that SB 187 requires the director of the Division of Elections to notify the voting public of all absentee in-person voting stations 45 days before an election. Currently, the opening is left to the discretion of the director. This legislation will create regulations stating that no new stations may be opened after the 45-day period. Therefore, everyone would have an even playing field in regard to knowing where the absentee voting stations will be open. Furthermore, the public would be informed in a timely manner. This legislation also requires that the absentee voting stations may not be opened more than 15 days before an election. She explained that with a 45-day notice, there is actually a 30-day period during which the public is notified before the actual voting begins. This legislation does not take away the discretion that can be used during the 15-day period before the election; the absentee voting stations can operate at their discretion. MS. BROWN, in response to Chair Coghill, specified that [the legislation] anticipates public notice, not personal notice. In response to Representative Wilson, Ms. Brown said this legislation would not impact absentee voting by mail. Number 0404 REPRESENTATIVE CRAWFORD expressed his difficulty in seeing a need for this legislation. If the division had the ballots completed early, then the opportunity for more people to vote would be better. MS. BROWN pointed out that the Division of Elections is not the only group that notifies voters. Candidates and other organizations notify voters and advertise. Therefore, if there is mix up in regard to the location and opening times of a voting station, then there is the possibility that a [voter] is confused. Number 0506 GAIL FENUMIAI, Election Program Specialist, Division of Elections, Office of the Lieutenant Governor, pointed out that the Division of Elections already provides public notice of the location and time of absentee in-person voting. Historically, the notice [begins] about three weeks prior to the election, which is about six days prior to the voting period. The division feels that such is an adequate period of time to notify the public. Ms. Fenumiai related her belief that if people are notified 30 days in advance, they wouldn't remember. Furthermore, the locations of the absentee in-person voting stations are usually set by June 1, which is around the same time as the division secures the polling places and recruit election workers. She clarified that absentee voting stations are those locations where all 40 House district ballots are available as compared to an absentee voting official, which may have ballots for one specific jurisdiction. MS. FENUMIAI recalled references to absentee voting starting early. However, in the six years she has been with the division, it has happened once and that was during last year's general election. The ballots arrived earlier than ever before. She explained that the division has the statutory authority to begin absentee in-person voting only in the regional election offices, which are located in Anchorage, Fairbanks, Juneau, and Nome. The six recognized political parties were notified that absentee in-person voting would start a week early than scheduled because the ballots were available. It was thought it would be a good service to voters. Number 0733 CHAIR COGHILL asked if Ms. Fenumiai viewed the 15-day period before an election as problematic. MS. FENUMIAI noted that absentee in-person voting has always started 15 days before the election. In further response to Chair Coghill, she agreed that the struggle would be in relation to the 45-day period. Ms. Fenumiai pointed out that SB 187 would require the division to publish the location, date, and time of [absentee in-person voting] 45 days prior to the election and the bill also repeals the division's ability to start absentee in-person voting early at the four regional election offices in the case that the ballots arrive early. She reiterated that such has only happened once in six years. Number 0789 REPRESENTATIVE JAMES related her belief that in order to get more people to vote, known [locations, times, and dates] would be better. She felt that there are a couple of problems with getting people to vote, which include that people are apathetic about the issue or merely forget to vote. "Not only do we want people who want to vote, we want informed people to vote," she emphasized. She indicated that specific timelines would provide people with order on which they could depend. Therefore, she requested that Ms. Fenumiai provide a better case as to why the proposed timelines would destroy some of the things the division is able to do. MS. FENUMIAI clarified that she didn't believe that [the timelines] would destroy anything the division is trying to do. Rather, she believes that advertising 30 days prior to the voting starting is perhaps too soon for people to remember or be effective for the voter to remember. She reiterated that these [absentee in-person] voting stations are set around June 1 and listed on the Internet at the division['s site]. She emphasized that the division doesn't object to noticing the locations, it's merely the timing that seems too long. In further response to Representative James, Ms. Fenumiai clarified that it's not an issue of not knowing where the locations will be but rather the effectiveness of the public notice. REPRESENTATIVE JAMES countered by relating her belief that having the notice earlier would provide people with the opportunity to know earlier. Number 1209 REPRESENTATIVE FATE inquired as to the hardship that a 45-day and a 30-day notification would create for the division. MS. FENUMIAI answered that there might be an increase to the on- year election costs in the division's budget by about $10,000. She informed the committee that $35-$40,000 is spent for each election advertising. In further response to Representative Fate, Ms. Fenumiai said that such a change wouldn't be a hardship on personnel. Number 1281 MS. BROWN informed the committee that the legislation originally had a 60-day notification. Although Ms. Brown acknowledged that the division already has these voting stations scheduled and set, the desire is to [avoid] a change at the last [minute]. Therefore, the 45-day period would allow other organizations the ability to have time [to include voting locations and times] in their mailings and telephonings and know the voting stations won't change [or] be added. REPRESENTATIVE HAYES inquired as to whether the division has changed polling locations at the last moment, without proper notice. MS. BROWN said, "I'm not real sure. Senator Ward feels there have been cases." MS. FENUMIAI pointed out that polling places are a bit different than stations. There [have been] unusual circumstances under which polling places can't open for election day and thus there are emergency closures. However, the division does its best to notify voters of polling place changes, which have to be cleared with the Department of Justice. In regard to the absentee voting stations, those are listed in regulation. Furthermore, it is too difficult to set up an absentee voting station three weeks prior to the election and thus the absentee voting stations are established around June 1 when polling place election recruiting is done. Number 1405 REPRESENTATIVE HAYES related his understanding, then, that the absentee polling station is already in statute and thus [only] an extraordinary circumstance would cause a station not to be available. Therefore, he inquired as to what justification this legislation has to change the requirement to a 45-day notification period. He recalled speaking with voters during his "door knocking" and those voters mentioned that they didn't think of the election until the last 10 days. Therefore, he viewed this legislation as adding another layer of bureaucracy that he didn't believe was necessary. MS. BROWN agreed that [the location of the absentee voting stations] is in regulation, but she pointed out that the director of the Division of Elections has discretion in changing, moving, and opening [absentee voting stations]. Therefore, this legislation places [the 45-day requirement] in statute [and thus] doesn't allow that to happen. MS. FENUMIAI reiterated that the director of the division has the discretion to begin absentee in-person voting early only in the four regional election offices. This [occurs] only if the ballots are available for distribution. Those four locations are the only locations that such happened in the 2000 general election. Ms. Fenumiai informed the committee that there are 14 absentee ballot stations that are operational during a primary election and 15 are operational statewide during a general election. This legislation doesn't impact the dates of operation, it only states that absentee in-person voting can't start any earlier than the 15th day. Number 1562 REPRESENTATIVE WILSON requested that Ms. Fenumiai provide the committee with an example of an emergency that would necessitate a change. MS. FENUMIAI reiterated that such would be the case with polling places, which is a different issue than an absentee voting station. With regard to a polling place, a school that was under construction may have been secured. However, the construction isn't completed by the time of the election and thus an emergency polling place change would have to be done. In such a circumstance, voters are mailed notification of the change. Furthermore, a notice directing voters to the new location is usually posted at the original location. REPRESENTATIVE WILSON surmised then that the only objection Ms. Fenumiai has is the 45-day requirement. She inquired as to why, when ballots are available early, voting would be allowed early in some areas versus statewide. MS. FENUMIAI reiterated that the statute only provides the director with the authority to open absentee in-person voting early at the four regional election offices, which serve as absentee voting stations. Number 1697 REPRESENTATIVE JAMES recalled hearing some "flap" regarding the elections at the University of Alaska - Anchorage and thus she inquired as to what that was about. MS. FENUMIAI explained that the University of Alaska - Anchorage wanted to have an absentee voting station on campus. The division attempted to do so in the past, but was unable to recruit workers. This last year the division was successful and thus had [an absentee voting station] open for the primary and general elections the Monday prior to the election and election day. REPRESENTATIVE JAMES asked, "You wouldn't have known 45 days out to notice ... that there was going to be one there?" MS. FENUMIAI said that the division did have adequate time to have [45 days notice]. In further response to Representative James, Ms. Fenumiai affirmed that this proposed requirement wouldn't have impacted that situation. Number 1778 REPRESENTATIVE WILSON inquired as to what timeframe the department would accept. MS. FENUMIAI informed the committee that when the legislation was in the Senate, the division proposed a 30-day notification requirement. MS. BROWN explained that a 30-day notification requirement would result in notification occurring only 15 days before absentee voting could take place and thus it is really only two weeks before, which could be problematic for mailings and phone calls. REPRESENTATIVE JAMES noted that it could be problematic getting the mail out. Fifteen days seems a bit short. Therefore, she felt that 45 days would be appropriate. Number 1892 REPRESENTATIVE HAYES pointed out that what is done currently doesn't cause any new phone calls, aggravations, or hassles. If it takes more than 15 days for [a candidate] to get something out to the voters through the mail house, then most [candidates] wouldn't be here. Representative Hayes felt that 15 days is burdensome, cumbersome, too long, inefficient, and causes a lot of problems. REPRESENTATIVE JAMES respectfully disagreed. MS. FENUMIAI remarked that the division wants to do public notice as it is the division's job and thus [the division] is attempting to determine when the notice would be most effective for the voter. Number 1960 CHAIR COGHILL pointed out that the division is looking at this matter from the perspective of the voter, while the candidates may take a little different tact because they notify voters themselves. Chair Coghill inquired as to the will of the committee. REPRESENTATIVE JAMES moved to report CSSB 167(FIN) out of committee with individual recommendations and the accompanying fiscal notes. REPRESENTATIVE HAYES also objected and explained that he is attempting to draft a conceptual amendment that would reduce the 45-day notification to a 30-day notification. REPRESENTATIVE JAMES withdrew her motion. REPRESENTATIVE HAYES moved a conceptual amendment on page 2, line 1, [of CSSB 187(FIN)] to change the reference from [45 days] to "30 days". REPRESENTATIVE WILSON objected. She explained the difficulty she incurs due to the lack of a local printer on the island that she lives. Therefore, she emphasized the need for 45-day notification because there are people that don't have access to things [that are easily accessible in] other parts of the state. REPRESENTATIVE FATE objected and related the example of a person being at a fishing camp without communication during the time prior to the election. He agreed with the need for early notification. CHAIR COGHILL remarked that perhaps this illustrates, for the division, the dichotomy of notifying voters as well as campaigns. Chair Coghill recognized that the objections were maintained and thus a roll call was in order. A roll call vote was taken. Representatives Crawford and Hayes voted for Representative Hayes' conceptual amendment. Representatives Fate, James, Wilson, and Coghill voted against Representative Hayes' conceptual amendment. Therefore, Representative Hayes' conceptual amendment failed with a vote of 2-5. REPRESENTATIVE JAMES moved to report CSSB 187(FIN) out of committee with individual recommendations and the accompanying zero fiscal note. There being no objection, CSSB 187(FIN) was reported from the House State Affairs Standing Committee.
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