Legislature(2005 - 2006)CAPITOL 106
02/03/2005 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB97 | |
| HB79 | |
| HB94 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 79 | TELECONFERENCED | |
| *+ | HB 97 | TELECONFERENCED | |
| *+ | HB 94 | TELECONFERENCED | |
HB 94-ELECTIONS 9:39:04 AM CHAIR SEATON announced that the last order of business was HOUSE BILL NO. 94, "An Act relating to qualifications of voters, requirements and procedures regarding independent candidates for President and Vice-President of the United States, voter registration and voter registration records, voter registration through a power of attorney, voter registration using scanned documents, voter residence, precinct boundary and polling place designation and modification, recognized political parties, voters unaffiliated with a political party, early voting, absentee voting, application for absentee ballots through a power of attorney, or by scanned documents, ballot design, ballot counting, voting by mail, voting machines, vote tally systems, initiative, referendum, recall, and definitions in the Alaska Election Code; relating to incorporation elections; and providing for an effective date." 9:39:17 AM REPRESENTATIVE GATTO moved adopt the committee substitute (CS) for HB 94, Version 24-GH1048\G, Kurtz, 1/31/05, as a work draft. There being no objection, Version G was before the committee. 9:40:45 AM LAURA GLASIER, Director, Division of Elections, Office of the Lieutenant Governor, reviewed [the first] sectional analysis [written for HB 94 and included in the committee packet]. [A subsequent version exists in the committee packet, which pertains to CSHB 94(STA).] She noted that the bill title is very inclusive. Ms. Glasier explained that she had just received [Version G] and would try to match her sectional analysis with Version G. She pointed to Section 1, regarding voter residency. 9:41:49 AM CHAIR SEATON clarified that Version G did not change anything from the governor's version [not included in the committee packet]; it just put the language into the format used by Legislative Legal and Research Services. 9:42:05 AM MS. GLASIER noted that the phrase "temporary construction camps" was changed to "temporary worksites". 9:43:10 AM MS. GLASIER, in response to Representative Gruenberg, said she highlighted in the sectional the issues that were carried over from previous legislation. Section 1, she said, came over unchanged. She moved on to Section 2, regarding the manner of registration, and explained that it would allow an individual with the express power of attorney "to allow the individual to register on behalf of the voter" and would add "scanning" as another means to transmit a voter registration application to the division. 9:45:04 AM MS. GLASIER, in response to a question from Representative Gatto, said she was given legal advice that she could not accept a scanned document as an attachment to an e-mail under current law. 9:46:04 AM REPRESENTATIVE GATTO referred to the language [on page 3, lines 11-12 of Version G], which read as follows: (4) [(3)] by facsimile transmission, scanning, or another method of electronic transmission that the director approves. REPRESENTATIVE GATTO noted that the language states that the method be approved by the director, therefore he questioned why the director could not approve scanning. 9:46:25 AM MS. GLASIER responded that statute is the "highest and best." She said, "I could have done that in an emergency regulation situation ..., but if we're going to accept it then it should be in our statutory authority." 9:46:51 AM REPRESENTATIVE GRUENBERG noted that there is an article on powers of attorney in the probate code. He said, "It looks to me that what you're talking about could be put on a general power of attorney here, but ... it would specifically have to say, 'asking for a ballot'." 9:47:50 AM MS. GLASIER indicated that that is her understanding of the advice she received from the Department of Law. She said the committee could choose to amend the power of attorney law in statute; she said she simply wants to "ensure that those voters can get a ballot." 9:48:00 AM REPRESENTATIVE GRUENBERG asked Ms. Glasier if she would be willing to accept a general power of attorney asking for a ballot, or if she would prefer "something specifically on that power of attorney." 9:48:30 AM MS. GLASIER replied that the legislature should decide. 9:48:51 AM REPRESENTATIVE GRUENBERG surmised that the committee might consider language regarding the statutory power of attorney, and he said he would revisit the subject again. 9:49:40 AM REPRESENTATIVE GARDNER stated: "I would concur with the previous speaker in that if we ... defined it that somebody has to give a power of attorney specifically addressing registration for voters, then anybody who fails to do that is disenfranchised effectively, under the statute, correct? And that's not our intent, at all." 9:50:09 AM MS. GLASIER returned to the sectional analysis, to Section 3, regarding required information for voter registration. She said this section would remove dated language that refers to information proving residency that might be requested by the division. She offered further details. Ms. Glasier summarized Section 4, regarding procedure for registration, which would add "scanning" as another means to transmit a voter registration application to the division and add language to allow an individual with the express power of attorney to register on behalf of the voter. She noted that this was not in last year's House Bill 523. MS. GLASIER turned to Section 5 [Section 6 in the sectional analysis to Version G], regarding preparation of the master register. She indicated that the House State Affairs Standing Committee last year incorporated a change suggested by Legislative Legal and Research Services to ensure the protection of voter information of those victims of domestic violence. She noted that Section 6 [Section 7 in the sectional analysis to Version G], regarding precinct boundary changes, would change language that currently requires the division to publish the notice of precinct boundary changes in a newspaper published in the House district to one that is available in the House district. If there is no such newspaper, the notice would have to be posted in a conspicuous place in a precinct. She offered further details. 9:52:45 AM MS. GLASIER, in response to a question from Representative Gruenberg regarding whether Section 7 is exactly as it was adopted last year [in House Bill 523], answered no. She explained that it is as it was before last year's committee made changes and requirements on the division. She said, "The division believes that this language is sufficient notification." REPRESENTATIVE GRUENBERG emphasized that [during the review of the sectional analysis] the committee needs to hear if the division changed even a comma. 9:53:06 AM REPRESENTATIVE GATTO, regarding the requirement for notification in a daily newspaper, said some communities don't have any form of newspaper. He said the language is found on page 5, line 23. 9:54:03 AM REPRESENTATIVE GRUENBERG said last year's House State Affairs Standing Committee worked on different language that cleared up that problem and he indicated that that language would be brought up for consideration once more. 9:54:15 AM MS. GLASIER returned to the sectional analysis. She noted that Section 7 [Section 8 in the sectional analysis to Version G], regarding Independent presidential candidates, would allow the names of those running as Independents for president and vice president to be treated the same as those candidates representing a political party. In response to a question from Representative Gruenberg, she confirmed that [Section 5 in Ms. Glasier's sectional analysis, which is] Section 6 [of the sectional analysis to Version G], regarding the preparation of the master register, is the same as was in last year's House State Affairs Standing Committee's House Bill 523. 9:55:46 AM MS. GLASIER directed attention to Section 8 [Section 9 in the sectional analysis to Version G], regarding ballot counting, and said the number of ballots returned to the elections supervisor or designee for destruction must be reported to the election board. 9:56:52 AM MS. GLASIER addressed [Section 9 in her sectional analysis, which is Section 10 in the sectional analysis to Version G], regarding early voting, and noted that it would require the director to designate locations for early voting by January 1 of an election year. She said this is a new section. She reported that [in the last election] there was an incredible interest in early voting sites, which put a strain on preparation. The division needs planning time to order the ballots and prepare each of the early voting sites. 9:57:35 AM REPRESENTATIVE GRUENBERG questioned whether the January 1 date would give the division the flexibility it needs. 9:58:13 AM MS. GLASIER responded that she doesn't want the flexibility, because, by making a commitment to prepare an early voting site, it then has everything it needs, including the staff available, the ballots, the voting booths, and all of the equipment. She said management within the division decided that January 1 was a fair date. [HB 94 was heard and held.]
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