Legislature(2005 - 2006)CAPITOL 106
03/08/2005 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HJR8 | |
| HB83 | |
| HB144 | |
| HB94 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 8 | TELECONFERENCED | |
| + | HB 83 | TELECONFERENCED | |
| += | HB 94 | TELECONFERENCED | |
| *+ | HB 144 | TELECONFERENCED | |
HB 94-ELECTIONS 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." The committee took an at-ease from 9:23:32 AM to 9:28:44 AM. 9:29:21 AM REPRESENTATIVE LYNN moved to adopt the committee substitute (CS) for HB 94, Version 24-GH1048\Y, Kurtz, 2/28/05, as a work draft. 9:30:10 AM REPRESENTATIVE GRUENBERG objected. 9:30:18 AM LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, in response to a request from Representative Gruenberg, walked through Version Y and told the committee where previously discussed amendments were incorporated. 9:32:03 AM REPRESENTATIVE GRUENBERG removed his objection to Version Y; therefore, Version Y was before the committee. 9:32:33 AM REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, labeled 24- GH1048\F.7, Kurtz, 2/16/05, which read as follows: Page 9, line 1, following "2002).": Insert "The director may only approve a voting machine or vote tally system if the machine or system satisfies the requirements of AS 15.15.032(c)." 9:33:24 AM CHAIR SEATON objected for discussion purposes. 9:33:33 AM REPRESENTATIVE GRUENBERG said Amendment 1 would track a law passed last year, which requires the director [of the Division of Elections] to provide a paper record for each electronically generated ballot. He stated his understanding that "the department has no objections." 9:34:59 AM MS. GLAISER noted that current law does say that the current director shall provide for a paper record of each electronically generated ballot; therefore, she said she doesn't know whether Amendment 1 is duplicative. 9:35:37 AM CHAIR SEATON clarified that the only thing [Amendment 1] would do is say that a voting machine could not be approved without a [paper] ballot. 9:36:17 AM MS. GLAISER, in response to a question from Representative Gatto regarding whether a touch screen [voting machine] generates a paper ballot, explained that the current version of the machine owned by the state does not have an attachment that provides a "voter verified paper receipt." She said there is a machine currently in development that is being tested and will have a paper receipt. She clarified, "It's not a ballot." 9:36:38 AM CHAIR SEATON said it would provide for the possibility of a non- electronic recount. 9:36:53 AM CHAIR SEATON removed his objection to Amendment 1. There being no further objection, Amendment 1 was adopted. 9:37:08 AM REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, labeled F.4, which read as follows: Page 6, following line 5: Insert a new bill section to read: "* Sec. 9. AS 15.15.032 is amended by adding a new subsection to read: (d) If the director provides for voting by use of electronically generated ballots, the director shall provide ballots in English, and may provide ballots in one or more languages other than English." Renumber the following bill sections accordingly. Page 21, line 6: Delete "secs. 20 - 43" Insert "secs. 21 - 44" 9:37:47 AM CHAIR SEATON objected for discussion purposes. 9:37:59 AM REPRESENTATIVE GRUENBERG said Amendment 2 "will help get out the vote to a lot of people in the state." 9:38:23 AM CHAIR SEATON offered his understanding that it would not be a requirement for a ballot to be provided in many different languages. 9:38:29 AM MS. GLAISER answered that's correct. She said the language is "may", thus the director may provide alternative ballot languages. She reported that the division is currently required by federal law to translate [ballots] into Tagalog for the precincts in Kodiak. She said, "Right now we would attach no fiscal note because it says "may", but should ... we have to do that, there would be a fiscal note, because we're going to have to hire translators and the program needs to be set. She said if the ballot is done in audio for Yupik, for example, the ballot would still appear before the person in English, because there is written language. 9:39:36 AM CHAIR SEATON asked, "Do you see this in anyway diminishing your capacity to do that in audio?" 9:39:57 AM MS. GLAISER answered no. In response to a follow-up question from Chair Seaton, she said the division sees no problem in having Amendment 2 in the bill. She added, "The point is that ... there will be candidates and pressure to translate into other languages, and there will be an increased cost to do that." She clarified, "We aren't currently mandated by federal law to do that. If we decide go this extra step, it will be an increased cost." She explained that the state does not have licensed translators. 9:40:31 AM CHAIR SEATON asked if there is any difference in the division deciding to offer ballots in another language or in audio, versus "if this language is in there and somebody requests, and you decide to do it or not to do it." 9:41:12 AM MS. GLAISER replied no. She said she feels obligated to let the committee know that there will be additional costs. 9:41:34 AM CHAIR SEATON asked Ms. Glaiser if she thinks there may be a legal consequence to the proposed language that would make the division [feel it had to approve requests for certain languages to appear on a ballot]. 9:41:57 AM MS. GLAISER said she would have to talk to the [U.S.] Department of Justice to discern "whether it puts the state in that kind of bind or obligation." She questioned where it would end if the division were to provide a ballot in one language and many more languages surfaced for consideration. She reiterated that, under current law, the division could engage in a pilot project "to test interests." She said, "It's a policy call by the legislature if that's an investment the state wants to make in translating the ballots in other languages." 9:42:43 AM REPRESENTATIVE GATTO said this sounds like the law of unintended consequences. He said he heard there are up to 90 different dialects in the Anchorage school district alone, and there is no way that the division could cover that many languages. He stated, "This scares me." He added, "And I know it only says 'may', but I'm always suspicious of maybe someone requiring it later." He stated his discomfort with Amendment 2. 9:43:45 AM REPRESENTATIVE GARDNER asked what the threshold would be and how people would "request it." She asked why just Tagalog is required. 9:44:17 AM MS. GLAISER responded that the federal law has a standard based on the population of a community. She noted the languages required in California. She said the numbers are derived from the U.S. Census. She said the division is required to translate not only the ballots, but also all of the voting posters. She said, "They actually came in and monitored the division this year to see that our training was complete [and] that our poll workers could explain ... how to get help." No one else in the state has reached the federally mandated threshold to require translated ballots. REPRESENTATIVE GARDNER indicated that she would like to see the division continue to do what is required by federal law and, in addition, offer the audio portion of ballots to those indigenous Alaskan languages that are not written. 9:46:35 AM MS. GLAISER responded, "We can still can do that. This was just further clarification." She said the lieutenant governor has discussed the idea of a pilot project to be done in one of the Alaska Native languages. 9:47:14 AM CHAIR SEATON asked Ms. Glaiser to get a legal opinion as to whether there would be any ramifications of passing Amendment 2. 9:47:59 AM CHAIR SEATON said he would like to hold Amendment 2 for that legal opinion. However, he observed that enough of the committee members indicated a readiness to vote on Amendment 2; therefore, he put Amendment 2 back before the committee. A roll call vote was taken. Representatives Gruenberg and Gardner voted in favor of Amendment 2. Representatives Gatto, Elkins, Lynn, Ramras, and Seaton voted against it. Therefore, Amendment 2 failed by a vote of 5-2. 9:49:42 AM REPRESENTATIVE GRUENBERG moved Am 3, labeled 24-GH1048\F.3, Kurtz, 8/3/05, which read as follows: Page 1, line 3, following the second occurrence of "voter registration": Insert "and other acts relating to voting that may be done" Page 1, following line 11: Insert new bill sections to read: "* Section 1. AS 13.26.332 is amended to read: Sec. 13.26.332. Statutory form power of attorney. A person who wishes to designate another as attorney-in-fact or agent by a power of attorney may execute a statutory power of attorney set out in substantially the following form: GENERAL POWER OF ATTORNEY THE POWERS GRANTED FROM THE PRINCIPAL TO THE AGENT OR AGENTS IN THE FOLLOWING DOCUMENT ARE VERY BROAD. THEY MAY INCLUDE THE POWER TO DISPOSE, SELL, CONVEY, AND ENCUMBER YOUR REAL AND PERSONAL PROPERTY, AND THE POWER TO MAKE YOUR HEALTH CARE DECISIONS. ACCORDINGLY, THE FOLLOWING DOCUMENT SHOULD ONLY BE USED AFTER CAREFUL CONSIDERATION. IF YOU HAVE ANY QUESTIONS ABOUT THIS DOCUMENT, YOU SHOULD SEEK COMPETENT ADVICE. YOU MAY REVOKE THIS POWER OF ATTORNEY AT ANY TIME. Pursuant to AS 13.26.338 - 13.26.353, I, (Name of principal) , of (Address of principal) , do hereby appoint (Name and address of agent or agents) , my attorney(s)-in- fact to act as I have checked below in my name, place, and stead in any way which I myself could do, if I were personally present, with respect to the following matters, as each of them is defined in AS 13.26.344, to the full extent that I am permitted by law to act through an agent: THE AGENT OR AGENTS YOU HAVE APPOINTED WILL HAVE ALL THE POWERS LISTED BELOW UNLESS YOU DRAW A LINE THROUGH A CATEGORY; AND INITIAL THE BOX OPPOSITE THAT CATEGORY (A) real estate transactions ( ) (B) transactions involving tangible personal property, chattels, and goods ( ) (C) bonds, shares, and commodities transactions( ) (D) banking transactions ( ) (E) business operating transactions ( ) (F) insurance transactions ( ) (G) estate transactions ( ) (H) gift transactions ( ) (I) claims and litigation ( ) (J) personal relationships and affairs ( ) (K) benefits from government programs and military service ( ) (L) records, reports, and statements ( ) (M) delegation ( ) (N) voting ( ) (O) all other matters, including those specified as follows: ( ) ______________________________________________________ ___ ______________________________________________________ ___ ______________________________________________________ ___ IF YOU HAVE APPOINTED MORE THAN ONE AGENT, CHECK ONE OF THE FOLLOWING: ( ) Each agent may exercise the powers conferred separately, without the consent of any other agent. ( ) All agents shall exercise the powers conferred jointly, with the consent of all other agents. TO INDICATE WHEN THIS DOCUMENT SHALL BECOME EFFECTIVE, CHECK ONE OF THE FOLLOWING: ( ) This document shall become effective upon the date of my signature. ( ) This document shall become effective upon the date of my disability and shall not otherwise be affected by my disability. IF YOU HAVE INDICATED THAT THIS DOCUMENT SHALL BECOME EFFECTIVE ON THE DATE OF YOUR SIGNATURE, CHECK ONE OF THE FOLLOWING: ( ) This document shall not be affected by my subsequent disability. ( ) This document shall be revoked by my subsequent disability. IF YOU HAVE INDICATED THAT THIS DOCUMENT SHALL BECOME EFFECTIVE UPON THE DATE OF YOUR SIGNATURE AND WANT TO LIMIT THE TERM OF THIS DOCUMENT, COMPLETE THE FOLLOWING: This document shall only continue in effect for ________ ( ) years from the date of my signature. NOTICE OF REVOCATION OF THE POWERS GRANTED IN THIS DOCUMENT You may revoke one or more of the powers granted in this document. Unless otherwise provided in this document, you may revoke a specific power granted in this power of attorney by completing a special power of attorney that includes the specific power in this document that you want to revoke. Unless otherwise provided in this document, you may revoke all the powers granted in this power of attorney by completing a subsequent power of attorney. NOTICE TO THIRD PARTIES A third party who relies on the reasonable representations of an attorney-in-fact as to a matter relating to a power granted by a properly executed statutory power of attorney does not incur any liability to the principal or to the principal's heirs, assigns, or estate as a result of permitting the attorney-in-fact to exercise the authority granted by the power of attorney. A third party who fails to honor a properly executed statutory form power of attorney may be liable to the principal, the attorney- in-fact, the principal's heirs, assigns, or estate for a civil penalty, plus damages, costs, and fees associated with the failure to comply with the statutory form power of attorney. If the power of attorney is one which becomes effective upon the disability of the principal, the disability of the principal is established by an affidavit, as required by law. IN WITNESS WHEREOF, I have hereunto signed my name this ____ day of __________, ____. _____________________________ ____ Signature of Principal Acknowledged before me at ____________________________ ________________________ on ______________________________. Signature of Officer or Notary * Sec. 2. AS 13.26.344 is amended by adding a new subsection to read: (p) In a statutory form power of attorney, the language conferring general authority with regard to voting shall be construed to mean that the principal authorizes the agent to register the principal to vote, request an absentee ballot for the principal, or perform any other act relating to voter registration or voting that a principal is specifically authorized by statute to delegate to an agent." Page 1, line 12: Delete "Section 1" Insert "Sec. 3" Renumber the following bill sections accordingly. Page 3, line 8: Delete "specifically" Page 3, line 9, following "voter;": Insert "the division of elections shall provide a power of attorney form for this purpose on request;" Page 4, lines 16 - 17: Delete "as set out in AS 15.07.050" Page 7, lines 14 - 16: Delete "that specifically authorizes the other person to apply for an absentee ballot on behalf of the voter" Insert "; the division of elections shall provide a power of attorney form for this purpose on request" Page 21, line 6: Delete "secs. 20 - 43" Insert "secs. 22 - 45" 9:50:50 AM CHAIR SEATON objected to Amendment 3 for discussion purposes. 9:50:58 AM REPRESENTATIVE GRUENBERG said the word "voting" is defined on page 4, lines 21-26 [as labeled on the amendment]. 9:51:49 AM REPRESENTATIVE GARDNER asked, "Do I understand correctly that this would allow somebody to vote for someone if they have a (indisc. -- voices overlapping)?" 9:52:00 AM REPRESENTATIVE GRUENBERG directed attention to lines 25-26, on page 4 [as labeled on the amendment], and offered his understanding that "that would be somebody to physically do it if the person were incapacitated ...." He asked Ms. Glaiser if she could confirm that. 9:52:29 AM MS. GLAISER responded that she is not an attorney. Notwithstanding that, she noted that the division does allow someone to assist a person who is incapacitated with his/her ballot. She questioned if "voting" is the right word on Page 2, line 25 [as labeled on the amendment]. She indicated she is concerned that the language does not lead someone to believe that he/she - with the power of attorney - could vote for somebody. 9:53:14 AM REPRESENTATIVE GRUENBERG responded, "The intent there ... was to mark the ballot at the direction of the person." He offered to make an amendment to Amendment 3 to clarify that point. 9:53:36 AM CHAIR SEATON said he thinks part of the confusion is on page 2, line 25 [as labeled on the amendment], where the word "voting" has been inserted, because that is the word that people will see. He suggested that Representative Gruenberg use a phrase such as "voting related acts". He offered further insight. 9:54:24 AM REPRESENTATIVE GRUENBERG moved to table Amendment 3. 9:54:46 AM CHAIR SEATON said, "Okay." He added, "I think that people agree the concept is good - the wording needs to be clarified." 9:55:13 AM REPRESENTATIVE GRUENBERG moved Amendment 4, labeled 24- GH1048\G.3, Kurtz, 2/9/05, which read as follows: Page 5, lines 17 - 30: Delete all material and insert: "* Sec. 7. AS 15.10.090 is repealed and reenacted to read: Sec. 15.10.090. Notice of precinct boundary or polling place designation and modification. The director shall give full public notice if a precinct is established or abolished, if the boundaries of a precinct are designated, abolished, or modified, or if the location of a polling place is changed. Public notice must include (1) whenever possible, sending written notice of the change to each affected registered voter in the precinct; (2) providing notice of the change (A) by publication three times in a local newspaper of general circulation in the precinct; or (B) if there is not a local newspaper of general circulation in the precinct, by posting written notice in three conspicuous places as close to the precinct as possible; at least one posting location must be in the precinct; (3) posting notice of the change on the Internet website of the division of elections; and (4) providing notification of the change to the appropriate municipal clerks, community councils, tribal groups, presiding officers, Native villages, and village regional corporations established under 43 U.S.C. 1606 (Alaska Native Claims Settlement Act)." 9:56:37 AM REPRESENTATIVE GRUENBERG explained that Amendment 4 tracks the work that had been done by last year's House State Affairs Standing Committee. 9:57:08 AM MS. GLAISER said obviously the division offered language the way it wanted it; however, she added that this is the legislature's decision. She said the amendment would require a notice to be published three times, whereas the division had requested "on three different days". She asked if the proposed language of Amendment 4 would allow for three ads to be put in the same paper. She said, "I think that the way it was drafted, the intent was to communicate that on three different days you would see the same language before you." Regarding the posting of notices in 3 conspicuous places, she reiterated, "We had offered that it be 1 conspicuous place, ... because in many of the areas it's difficult to find three conspicuous places." She explained that in some of the small communities it is sufficient to post a notice on a note board that is viewed by the community. She indicated that the posting on the division's Web site has increased. She noted, "This amendment actually requires us to send a written notice directly to each voter." She questioned whether there may be a point at which the division would be over notifying. She reiterated that the division will do whatever is decided by the legislature, and she noted, "the fiscal note's approximately $20,000 on this." She explained that that is due to increased mailing and notice costs. 9:58:47 AM REPRESENTATIVE GRUENBERG in regard to posting 3 times, proffered that it was certainly the intent of last year's committee that it be on three different days. 9:59:14 AM REPRESENTATIVE GRUENBERG moved an amendment to Amendment 4, on page [1], line 11 [as numbered on the amendment], after "three" to delete "times" and insert "different days". CHAIR SEATON asked if there was any objection to the amendment to Amendment 4. There being none, it was so ordered. 9:59:47 AM REPRESENTATIVE GRUENBERG, regarding three conspicuous places, recollected that last year's committee spoke at length on the subject and decided that there should be three places to post in every precinct. He said, "This may be slight over-notification, but people, I think, may observe something but not fully register, and they have to see it several times." He added, "And that was also the feeling, frankly, about the sending [of] written notice." He concluded that he would not offer to change that language. 10:01:03 AM REPRESENTATIVE GARDNER asked Ms. Glaiser which part of the fiscal note is the expensive part. 10:01:20 AM MS. GLAISER replied that the posting in the conspicuous places is not any different than current law, but the requirement to mail to every voter and to post notice 3 times in a paper would increase costs. 10:02:05 AM CHAIR SEATON announced that Amendment 4, [as amended], would be held. 10:02:36 AM CHAIR SEATON noted that he may open public testimony on HB 94 again at the next hearing of the bill, because he thinks it's such an important issue. [HB 94 was heard and held.]
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