Legislature(2003 - 2004)

04/22/2003 08:06 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HB 266-ELECTIONS                                                                                                              
                                                                                                                                
Number 0231                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the next  order of  business was                                                               
HOUSE BILL  NO. 266,  "An Act  relating to  elections, questioned                                                               
ballots and  questioned voters,  voter registration,  training of                                                               
election  officials,  preparation  of election  materials,  voter                                                               
identification,  absentee  voting,   counting  ballots,  and  the                                                               
primary  election; and  providing for  an effective  date."   [In                                                               
committee packets  was a new proposed  committee substitute (CS),                                                               
Version 23-GH1133\D, Kurtz, 4/18/03.]                                                                                           
                                                                                                                                
CHAIR WEYHRAUCH called  HB 266 the omnibus  election reform bill.                                                               
He said that  Version D restores the  phrase "questioned" ballots                                                               
as opposed to  "provisional" ballots.  He said he  does not think                                                               
there was  any objection from  the administration  regarding that                                                               
change.                                                                                                                         
                                                                                                                                
Number 0296                                                                                                                     
                                                                                                                                
LAURA  GLAISER, Director,  Division of  Elections, Office  of the                                                               
Lieutenant Governor, testified in support  of HB 266 and answered                                                               
questions from the members.  She said:                                                                                          
                                                                                                                                
     Just  briefly   looking  through  this,  I   don't  see                                                                    
     Representative Gruenberg's amendments in  here.  We can                                                                    
     do that in  [the House Finance Committee];  I know that                                                                    
     [Representative  Gruenberg]  has  great  desire  to  do                                                                    
     that.  He called me yesterday  and said that he is ill,                                                                    
     so we didn't  get to meet or discuss that.   And I just                                                                    
     want to be  on the record that we knew  that was coming                                                                    
     - I gave his staff a  suggested way to deal with that -                                                                    
     and we can proceed however you'd like.                                                                                     
                                                                                                                                
Number 0343                                                                                                                     
                                                                                                                                
REPRESENTATIVE DAHLSTROM  moved to  report CSHB 266,  Version 23-                                                               
GH1133\D,  Kurtz,  4/18/03]  out  of  committee  with  individual                                                               
recommendations and the accompanying fiscal note.                                                                               
                                                                                                                                
CHAIR  WEYHRAUCH noted  that  there  was no  quorum  yet and  the                                                               
committee  would  have  to wait  until  Representative  Berkowitz                                                               
arrived.  [The  motion was treated as withdrawn.]   He also noted                                                               
that a motion would  have to be made to adopt  the proposed CS as                                                               
a work  draft.  [Although  no formal  motion was made,  Version D                                                               
was later treated as adopted.]                                                                                                  
                                                                                                                                
MS. GLAISER, in response to a question by Chair Weyhrauch,                                                                      
confirmed that the fiscal note would not be changed by Version                                                                  
D.                                                                                                                              
                                                                                                                                
Number 0410                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON brought attention to Amendment 1, labeled                                                                 
23-GH1133\A.4, which read as follows:                                                                                           
                                                                                                                                
     Page 12, line 19:                                                                                                          
          Delete "AS 15.20.203(h) is repealed and reenacted                                                                     
     to read:"                                                                                                                  
          Insert "AS 15.20.203 is amended by adding a new                                                                       
     subsection to read:"                                                                                                       
                                                                                                                                
     Page 12, line 20:                                                                                                          
          Delete "(h)"                                                                                                          
          Insert "(j)"                                                                                                          
                                                                                                                                
     Page 15, line 2:                                                                                                           
          Delete "AS 15.20.207(h) is repealed and reenacted                                                                     
     to read:"                                                                                                                  
          Insert "AS 15.20.207 is amended by adding a new                                                                       
     subsection to read:"                                                                                                       
                                                                                                                                
     Page 15, line 3:                                                                                                           
          Delete "(h)"                                                                                                          
          Insert "(k)"                                                                                                          
                                                                                                                                
     Page 15, following line 8:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec.  36.   AS 15.20.211 is  amended by  adding a                                                                
     new subsection to read:                                                                                                    
          (f)  The director shall make available through a                                                                      
     free  access  system to  each  voter  whose ballot  was                                                                    
     subject  to  partial  counting  under  this  section  a                                                                    
     system to check  to see whether the  voter's ballot was                                                                    
     partially counted  and, if not counted,  the reason why                                                                    
     the ballot  was not counted.   The director  shall make                                                                    
     this  information  available  through the  free  access                                                                    
     system  not less  than 10  days after  certification of                                                                    
     the results of a primary  election and not less than 30                                                                    
     days  after  the  certification  of the  results  of  a                                                                    
     general or special election."                                                                                              
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 17, lines 11 - 12:                                                                                                    
          Delete    ";     AS 15.20.203(i),    15.20.207(i),                                                                    
    15.20.207(j),    15.20.211(c),     15.20.211(d),    and                                                                     
     15.20.211(e) are"                                                                                                          
          Insert "is"                                                                                                           
                                                                                                                                
MS. GLAISER, in response to  a question by Representative Seaton,                                                               
indicated  that  the  division  does  not  have  a  problem  with                                                               
Representative  Gruenberg's   Amendment  1  as   it  specifically                                                               
relates to his desire to  have the Division of Elections continue                                                               
sending  letters  to  those  who voted  a  questioned  ballot  or                                                               
absentee  ballot for  the purpose  of notifying  the voter  as to                                                               
what part of his/her ballot was counted.                                                                                        
                                                                                                                                
Number 0516                                                                                                                     
                                                                                                                                
The committee took an at-ease from 8:11 a.m. to 8:22 a.m.                                                                       
                                                                                                                                
CHAIR WEYHRAUCH, at 8:23 a.m.,  announced that for the purpose of                                                               
waiting for  a quorum, the  committee would  recess to a  call of                                                               
the chair                                                                                                                       
                                                                                                                                
CHAIR  WEYHRAUCH  reconvened  the House  State  Affairs  Standing                                                               
Committee at 8:47  a.m..  Present at the call  back to order were                                                               
Representatives Weyhrauch, Seaton, Dahlstrom, and Berkowitz.                                                                    
                                                                                                                                
Number 0624                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH offered  his  understanding that  Representative                                                               
Dahlstrom  had  moved  to adopt  the  committee  substitute  (CS)                                                               
[Version  23-GH1133\D,   Kurtz,  4/18/03,   as  a   work  draft];                                                               
therefore, he stated that [Version D] was before the committee.                                                                 
                                                                                                                                
Number 703                                                                                                                      
                                                                                                                                
REPRESENTATIVE  BERKOWITZ   moved  to  adopt  Amendment   1,  for                                                               
discussion purposes [text provided previously].                                                                                 
                                                                                                                                
CHAIR WEYHRAUCH asked  Ms. Glaiser if she had  had an opportunity                                                               
to review  [Amendment 1],  and he asked  her what  the division's                                                               
position on it is.                                                                                                              
                                                                                                                                
MS. GLAISER  told the committee  that [Amendment 1] is  fine with                                                               
the division.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  SEATON asked  for  clarification about  requiring                                                               
written notice, which he said he does not see in the amendment.                                                                 
                                                                                                                                
MS.  GLAISER  responded that  by  deleting  the repealers,  since                                                               
notification by mail  is currently in law, that  provision of law                                                               
is  being left  as is.    Also, she  noted that  the free  access                                                               
system is  being added.   She said,  "That's what  this amendment                                                               
allows us."                                                                                                                     
                                                                                                                                
Number 0798                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  indicated  that   there  was  no  objection  to                                                               
[Amendment 1]; therefore, Amendment 1 was treated as adopted.                                                                   
                                                                                                                                
Number 0816                                                                                                                     
                                                                                                                                
REPRESENTATIVE  SEATON  moved to  report  CSHB  266, Version  23-                                                               
GH1133\D,  Kurtz,  4/18/03, as  amended,  out  of committee  with                                                               
individual  recommendations  and  the accompanying  fiscal  note.                                                               
There being no  objection, CSHB 266(STA) was reported  out of the                                                               
House State Affairs Standing Committee.                                                                                         
                                                                                                                                

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