Legislature(2005 - 2006)CAPITOL 106
03/15/2005 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HCR4 | |
| HB94 | |
| SB36 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HCR 4 | TELECONFERENCED | |
| += | HB 94 | TELECONFERENCED | |
| + | SB 36 | TELECONFERENCED | |
| += | HB 114 | TELECONFERENCED | |
| *+ | HB 152 | TELECONFERENCED | |
SB 36-ABSENTEE BALLOTS 9:51:46 AM CHAIR SEATON announced that the last order of business was CS FOR SENATE BILL NO. 36(JUD), "An Act relating to absentee ballots." 9:51:47 AM SENATOR GENE THERRIAULT, Alaska State Legislature, as sponsor of SB 36, stated that the bill would require all absentee ballot requests be delivered directly to the Division of Elections for confidential processing. He explained that [during the 2004 general election] those people who had requested absentee ballots were directed to mail their absentee ballots back to an address belonging to one of the political parties. He said it was unclear whether there was any kind of wrongdoing, but "when you have this situation where an individual party interjects itself in that flow of information between the voter and the Division of Elections, there is the possibility of shenanigans to take place." The proposed legislation would clarify that the application sent out is one that is approved by the director of the Division of Elections, which would ensure that the application only requests information that is required by state law, as well as allow the director to ensure that the right type of paper is being used. The bill would also clarify that the voter shall submit the application directly to the Division of Elections. 9:53:59 AM SENATOR THERRIAULT directed attention to Sections 4 and 5, which deal with penalties for any recurrence of the activity that took place during the last election. He noted that in Section 2, at the request of the director of the Division of Elections, the amount of time [before the election] that the ballot request has to be in to the division was changed from 7 days to 10 days. Section 3 specifies the regulations that would be adopted to implement bill. 9:55:14 AM REPRESENTATIVE GRUENBERG directed attention to page 2, line 19, and asked for the definition of "personal information". 9:55:49 AM SENATOR THERRIAULT suggested that the director may know if there is a definition within the entire section of statute; however, he said the personal information requested on the absentee ballot is: date of birth, social security number, and "things of that nature." He said the intent was that all of that information is somehow concealed when the voter's absentee information is run through the mail. 9:55:59 AM REPRESENTATIVE GRUENBERG responded that he understands that's the intent of the sponsor; however, he said he hopes the legislative history is clear, and the regulations would define what is meant by personal information. 9:56:25 AM SENATOR THERRIAULT replied, "If they don't already have a definition that would fulfill that, or a general definition of applicability by the court system that fulfills that currently, they certainly would have the regulatory authority to do that." REPRESENTATIVE GRUENBERG said that's sufficient. 9:56:29 AM REPRESENTATIVE GARDNER offered an example whereby a student government at a high school is sponsoring a voter registration drive to encourage 18-year-olds to register. She asked if it would be a violation for the student government to take the completed applications and return them to the division en masse. 9:57:01 AM SENATOR THERRIAULT said he thinks it would probably be allowable if those applications were "dropped off and then put right in the mail box." Conversely, if the applications were held for any length that may allow for the gleaning of information, he said that would be disallowed. In general, he clarified, the intent is that no outside person would have access to the information. 9:58:00 AM REPRESENTATIVE GARDNER stated that she agrees with the thrust of the bill. She directed attention to [page 2], lines 22-23, which specify that "the form is to be returned by the voter directly to the division, and not to another person providing the form". She said that language would preclude such things as student government from [collecting the information]. 9:58:21 AM SENATOR THERRIAULT said he thinks all schools have an outgoing mail basket in which the applications could easily placed. REPRESENTATIVE GARDNER responded, "Right, but the student government people who are running the table couldn't say, 'We'll take it and we'll mail it for you,' under this bill." SENATOR THERRIAULT surmised that the most direct route to the mail system is the best, but he added that he would have no problem with a student being directed to drop off the application at the front office after lunch, for example. REPRESENTATIVE GARDNER indicated that if a teenager is asked to do that, "it goes into the abyss." SENATOR THERRIAULT deferred further comment to the director of the Division of Elections. 9:59:24 AM LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, pointed out that Representative Gardner's question relates to voter registration, while the bill addresses changes regarding absentee ballot by-mail requests. She offered further details. She said any delay between the voter and the division is stressful and makes her sad, because there are people who do not get ballots. She noted that in a voter registrar process, the people in student government have to be a registrar, they are responsible to state, and they have undergone training. She revealed that there is no training related to an absentee by-mail drive, thus "that responsibility is absent." 10:01:09 AM RANDY RUEDRICH, Chair, Alaskan Republican Party, stated his support of SB 36 in its current form. 10:01:39 AM CHAIR SEATON closed public testimony. 10:01:49 AM REPRESENTATIVE GRUENBERG said he doesn't think it should be illegal if someone carries the application to the post office, particularly regarding Representative Gardner's example. He said he thinks the committee should consider "some accommodation for something like that," for ease of collection. 10:02:28 AM CHAIR SEATON asked Ms. Glaiser to address the concern previously stated by Representative Gardner regarding [page 2, lines 22- 23]. 10:02:56 AM MS. GLAISER noted that this question was raised in the Senate Judiciary Standing Committee, and she offered her understanding that the Division of Elections is not "voter police." She explained that the division is not going to hunt down "someone who has done someone a favor and dropped an application into the mail." She said the bill would address what was a widespread problem, which she indicated was that "tens of thousands" [of absentee by-mail applications] went through another source. 10:03:33 AM CHAIR SEATON indicated his agreement. 10:03:58 AM SENATOR THERRIAULT outlined that the possibility of trouble can occur when an organized group is doing the collecting. He offered an example. 10:05:02 AM REPRESENTATIVE GARDNER redirected attention to page 2, line 23. She offered an example of a wife mailing an application for her husband. She said she thinks the language needs amending. 10:05:38 AM SENATOR THERRIAULT asked Representative Gardner if she thinks someone would actually bring a charge against the wife. 10:05:50 AM REPRESENTATIVE GARDNER indicated her concern is that the legislature not write legislation that may have those consequences, even if they may be unlikely. 10:06:02 AM SENATOR THERRIAULT stated that he personally does not think this issue is a problem. 10:06:05 AM REPRESENTATIVE GATTO directed attention to a sentence on page 1, beginning on line 12, which read: "The voter shall submit the application directly to the division of elections." He said that sounds like the person has to walk into the division to submit the application. 10:06:32 AM CHAIR SEATON announced that SB 36 was heard and held.
| Document Name | Date/Time | Subjects |
|---|