Legislature(2009 - 2010)CAPITOL 106
02/18/2010 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB292 | |
| HJR38 | |
| HB115 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 115 | TELECONFERENCED | |
| += | HJR 38 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 292 | TELECONFERENCED | |
HB 115-PERMANENT ABSENTEE VOTING
8:56:07 AM
CHAIR LYNN announced that the final order of business was HOUSE
BILL NO. 115, "An Act establishing a permanent absentee voting
option for qualified voters; and providing for an effective
date."
8:56:34 AM
REPRESENTATIVE BOB BUCH, Alaska State Legislature, as prime
sponsor, said HB 115 would create a permanent absentee option
for Alaska voters. The proposed legislation would allow the
Division of Elections to send an absentee ballot for every
election it operates to Alaska voters who have chosen that
option. Furthermore, the voter would not have to apply for an
absentee ballot for every election; he/she would have only to
apply once.
REPRESENTATIVE BUCH reported that voting by means of a permanent
absentee ballot is gaining popularity across the country;
already 8 states use the system and 21 more are considering it.
The State of Oregon's system is the most well known, has been in
existence since the '80s, and was considered when drafting HB
115. Representative Buch said ultimately HB 115 would not make
any changes to statute or to the procedures that govern the
absentee voting process; it would merely provide for a permanent
option. He related that the proposed legislation would affect
only those elections run by the Division of Elections, which
means state elections, not municipal elections. He said under
HB 115, voters will still have the option of choosing a one-time
absentee ballot or voting at a regular polling place.
REPRESENTATIVE BUCH said the proposed legislation, if enacted,
would take effect in 2010. In addition to making voting more
convenient for Alaskans, including soldiers, miners, North Slope
workers, and the elder population, the proposed bill would also
streamline the absentee voting process for the Division of
Elections by cutting down on paperwork and administrative costs.
He said the division supports the bill and has representatives
ready to testify. Other supporters include some individuals who
work for the United States Postal Service (USPS).
8:59:07 AM
REPRESENTATIVE BUCH, in response to a question from
Representative Gruenberg, confirmed that the effective date of
the bill, 1/1/10, would need to be changed, since the bill would
most likely not be made retroactive. He said he would like the
director of the Division of Elections to address that issue and
recommend a date that would be suitable for the division.
9:00:15 AM
REPRESENTATIVE GRUENBERG sought clarity regarding language on
page 2, lines 11-13, which read as follows:
(b) A person may supply to a voter a permanent
absentee voting application form with a political
party or group affiliation indicated only if the voter
is already registered as affiliated with the political
party or group indicated.
REPRESENTATIVE BUCH said a person who wants to vote using an
absentee ballot fills out an application. He indicated that the
person's identification is the responsibility of the Division of
Elections. He deferred to the director of the division for
further details. In response to a remark by Chair Lynn, he
confirmed that under HB 115, a person would still have to first
declare party affiliation or non-affiliation before applying for
a permanent absentee ballot. He reemphasized that the proposed
legislation would in no way change the current process or
oversight of the election process.
9:02:41 AM
REPRESENTATIVE BUCH, in response to Chair Lynn, talked about the
advantages of HB 115. He described the ease of checking off a
box indicating the desire to switch to permanent absentee voting
status and not having to reapply for that status each election.
9:03:41 AM
REPRESENTATIVE SEATON directed attention to language within the
fiscal note analysis, which read as follows:
In order to ensure the integrity of the process, the
division would send confirmation notices at the
beginning of each election year to all voters
designated as permanent absentee voters to ensure the
address on file is still accurate. The division
estimates postage and printing costs of $20.0. This
amount would be a recurring cost during even numbered
election years.
REPRESENTATIVE SEATON asked for clarification regarding whether
or not the voter would be responsible for returning a card to
the division.
9:04:48 AM
REPRESENTATIVE BUCH deferred to Ms. Fenumiai.
9:05:25 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, in response to Representative Seaton,
described the standard practice of the division as it relates to
absentee voting ballots as follows: The division sends
confirmation notices to all absentee voters, advising them that
according to the division's records, they have requested to
receive an absentee ballot for certain or all elections
conducted by the state in a calendar year. Reflected in the
notices are the addresses to which the voters have indicated
they want their ballots mailed. The division asked voters to
notify the division regarding any updates that need to be made.
If a notice comes back undeliverable, the division checks to
ensure it has not made an entry error and, if it has not, marks
the voter's record to reflect such and cancels the ballot
request for any subsequent elections.
CHAIR LYNN asked if a person showing up to vote at the polling
place cancels "the other registration."
MS. FENUMIAI responded, "No, that does not have any effect on
them to be able to vote in person at their polling place."
CHAIR LYNN asked Ms. Fenumiai if she thinks there would be a
higher incidence of voter fraud using the proposed permanent
absentee voter system than the current system.
MS. FENUMIAI stated her belief that there would not be a higher
incidence of voter fraud, because she said the division has
enough checks and balances in place to verify addresses. When
ballots are returned, they are reviewed by a bi-partisan board
to validate that the identifier provided by the voter is that
voter's true identifier. She said the signing of a ballot is
witnessed by someone authorized to administer an oath or at
least by one person over the age of 18.
9:07:47 AM
REPRESENTATIVE BUCH reported that the State of Oregon has been
offering permanent absentee voting for a number of years and has
had no incidences of increased fraud. He said all voters in
Oregon vote by mail. He noted that Ms. Fenumiai has had
experience with the State of Oregon's voting system. He stated
that that experience and "our" investigations are two of the
reasons that he is bringing forward this legislation.
9:08:48 AM
CHAIR LYNN opined that voting is a privilege, and he mentioned
the threat some people in other countries experience if they do
not vote a certain way. He observed that absentee voting used
to be primarily for those who could not physically get to the
voting polls, but this is no longer the case. He questioned how
easy the state should make voting for those who are able to get
to the polls.
9:10:27 AM
MS. FENUMIAI, in response to Chair Lynn, clarified that she did
not live and vote in Oregon, but observed the system during a
trip to that state to discuss the vote-by-mail system. She
noted that a former chief of staff to former Lieutenant Governor
Fran Ulmer transferred to Oregon and was the director of state
elections there.
9:10:50 AM
MS. FENUMIAI, in response to Representative Wilson, explained
the division's process regarding deaths of registered voters.
She said the division either receives notification directly from
the family, vital statistics, or obituaries in the newspapers.
The division uses certain information, such as date of birth, as
an identifier to ensure it is inactivating the appropriate
person.
REPRESENTATIVE P. WILSON said she has a problem with the
proposed legislation. She shared her past experience having
lived in other states where "there have been dead people that
have voted." She said as of December [2009], the name of a
friend's late husband, who died over a year ago, was still on a
state's voting list. She expressed concern about this issue and
said it makes her "a little leery."
9:13:19 AM
MS. FENUMIAI responded that when someone applies for an absentee
by-mail ballot, he/she must provide a unique identifier. Using
the scenario described by Representative Wilson, she said a
person would not be able to get a by-mail ballot using a dead
person's name, because they would not be able to prove identity
through one of the identifiers required by state law when
applying to vote by mail.
REPRESENTATIVE P. WILSON clarified her concern is that if the
proposed legislation allows permanent absentee voting, a person
could "do it for quite awhile" before the division catches
him/her.
MS. FENUMIAI replied that under HB 115, if the person applies to
be an absentee voter, the ballot would continue to be sent to
the person's mailing address. She said she assumes that would
be a residential address, and [if the person died], a spouse or
family member might take the responsibility to contact the
division. If someone did contact the division and the
division's staff did not remove the person's name, a correction
would have to be made. If someone were to try to vote in person
using the deceased person's name, he/she would be found out,
because voters must show photograph identification at the
polling place.
CHAIR LYNN questioned whether an adult in the home of the
deceased could use the deceased person's absentee ballot.
MS. FENUMIAI responded that the ballot must be witnessed by
someone who can verify the identity of the voter.
CHAIR LYNN suggested that another adult in the house could bear
false witness.
MS. FENUMIAI said she supposes that could happen; however, she
said the division has seen no documented cases of that
happening. Furthermore, she said [using the ballot of a
deceased person] is a felony.
REPRESENTATIVE BUCH pointed out that absentee voting is already
in place, so "the incidences of that fraud would not be enhanced
or detracted by this opportunity."
MS. FENUMIAI echoed Representative Buch's remark and reiterated
that the division has seen no cases of this happening.
9:16:21 AM
MS. FENUMIAI, in response to a question from Chair Lynn, said
she has been told that morticians are required by law only to
notify the Social Security Administration that someone has died;
they are not required to notify the Division of Elections or the
Division of Motor Vehicles (DMV). In response to a follow-up
question, she said requiring morticians to report deaths to
other entities may be helpful, but morticians may not be able to
handle that. She added, "We would take the information in
whatever form we could get to make sure our rolls are as
accurate and complete as possible."
CHAIR LYNN related that when his grandparents died, he
immediately notified the Social Security Administration, but
continued to receive social security checks for six months. He
said, "That's scary."
MS. FENUMIAI noted that when funeral homes in Alaska report
information to the state's Bureau of Vital Statistics, the
division can get that information from the bureau. In response
to a question from Chair Lynn, she offered further details
regarding the process of obtaining the information from the
Bureau of Vital Statistics' database on a monthly basis. In
response to a follow-up question, she said she does not know how
long it takes for [information related to a death certificate]
to reach the Division of Elections.
9:20:38 AM
MS. FENUMIAI, in response to Representative Petersen, said under
HB 115, the division would not have to process a voter's
application every year if he/she chose to be a permanent
absentee voter, so there is potential that the proposed bill
could cut down on the number of applications the division would
process. However, sending a confirmation notice every other
year is standard procedure, so there would still be a cost
involved in printing and mailing letters, and staff time. She
stated that the $20,000 reflected in the fiscal note is a valid
expense and is "something that would help protect the integrity
of the process."
9:21:32 AM
MS. FENUMIAI, in response to a question from Representative
Gatto, said she does not know whether or not confirmation
notices can be forwarded. She stated that ballots are
definitely not forwardable. She said, "I think we send them out
'return service requested,' which means it's not forwarded; we
get a notice back that there's an address change on ... file."
She said she would have to verify that with the group of staff
that addresses absentee ballots.
CHAIR LYNN remarked that the division would not know whether a
person had moved to a location or was there just on vacation.
MS. FENUMIAI responded that is correct.
9:22:46 AM
REPRESENTATIVE GATTO stated that he has issues with "permanent
anything." He said he has filled out the permanent fund
application for approximately 25 years, and making everyone fill
out an application each year shows that the applicant is alive
and verifies certain details. He suggested allowing the
Division of Elections and the Permanent Fund Division to cross
check each other's information.
9:24:30 AM
REPRESENTATIVE BUCH responded that [HB 115] addresses the issue
of voting. It is the Division of Elections' obligation, in
conjunction with USPS, to oversee fraud. He deferred to Ms.
Fenumiai for further comment.
9:25:33 AM
MS. FENUMIAI, regarding Representative Gatto's idea to allow the
two divisions to crosscheck their information, expressed concern
that that may result in problems in the case where someone does
not collect a permanent fund dividend (PFD) but wants an
absentee ballot. She said she thinks that is a question for
Legislative Legal and Research Services or a lawyer.
Notwithstanding that, she said the division could have access to
the Permanent Fund Division's information, because the two
divisions do share information currently.
9:26:25 AM
REPRESENTATIVE SEATON remarked that the residency requirements
for voting and the PFD are quite different. For example, he
offered his understanding that the residency requirement is 30
days. He asked at what point a person would be removed from the
permanent absentee voting list.
9:27:15 AM
MS. FENUMIAI said under HB 115, the only reason a person would
be removed from the permanent absentee list is if his/her ballot
was returned undeliverable to the division. At that point, the
person would not be sent any further ballots until he/she had
notified the division of an updated mailing address.
9:27:34 AM
REPRESENTATIVE BUCH asked Representative Seaton to clarify his
question.
REPRESENTATIVE SEATON said he wants to know if there should be
language in the proposed legislation that if there are a certain
number of election cycles for which the absentee ballots are not
returned, then the permanent voting status would end.
9:30:25 AM
REPRESENTATIVE BUCH indicated that that issue is addressed in
the bill, and he deferred to Ms. Fenumiai for further comment.
9:30:41 AM
MS. FENUMIAI explained that under HB 115, if a ballot is sent
out and returned to the division undeliverable, the intended
recipient will no longer receive any future ballots. There is
no language in the bill that specifies that if a person does not
return a ballot after so many years, his/her name would be
removed from the division's list. She said there are other
provisions in state law such that voters who do not vote and
have no contact with the division are "scheduled to be targeted
to be removed and inactivated from the voter list"; however, she
stated that that is a separate process from the permanent
absentee process.
REPRESENTATIVE SEATON questioned if the purpose of permanent
absentee voting is to cut down on the amount of work that, for
example, a senior citizen has to go through every year. He said
having the permanent status removed after a certain amount of
years with no returned ballot would "solve some of the problems"
he perceives.
REPRESENTATIVE BUCH said he thinks that is an excellent idea
that he will carry out prior to the next committee meeting.
9:32:22 AM
REPRESENTATIVE GATTO asked the bill sponsor if he is presenting
HB 115 because he believes it will "create better government."
REPRESENTATIVE BUCH answered, "Absolutely."
REPRESENTATIVE GATTO suggested that the proposed legislation
would make it easier for those who do not care about voting to
have a ballot in their hands, and he asked Representative Buch
if he believes that will create better government.
REPRESENTATIVE BUCH responded that he thinks most people who get
a ballot are responsible and will make a choice based on
appropriate information. He added, "And that is the
availability that the government offers."
9:33:29 AM
CHAIR LYNN remarked that a variety of people vote and the voting
system works well.
9:33:54 AM
AL DAVIDSON told the committee that he previously served for
over 20 years as a county clerk and chief elections officer in
Marion County, Oregon, serving the capital city of Salem,
Oregon, and he helped write most of the legislation and
procedures for Oregon's all-mail elections. He told committee
members that it is important to keep in mind that they are not
considering a total vote-by-mail system, but rather are
considering the frequency of applications for absentee ballots.
He said he thinks the legislature's consideration of HB 115
represents recognition of voters' sentiment in wanting election
processes to be more accessible while allowing the division to
retain sufficient control to ensure fair elections.
MR. DAVIDSON said every time there is a change in election law,
the issues of valid access and election integrity must be
weighed. He opined that [HB 115] is an opportunity to improve
access without any detrimental impact on election integrity, and
that creation of a permanent absentee voter application is a
step that improves not only the voters' access to the ballot,
but significantly reduces administrative activity and improves
efficiency in the administration of elections. He relayed that
before the State of Oregon's citizens voted 70 percent in favor
of all-mail balloting in 1998, a change was made to permanent
rather than annual absentee applications. He said that initial
change resulted in an "immediate response" by citizens, as well
as a significant reduction in the state's administrative task in
handling applications on an annual basis - one of the most labor
intensive tasks involved in the election process.
MR. DAVIDSON related that in Colorado, permanent absentee
applications have been available for only a few years, but
already, in the county in which he lives, 70 percent of the
voters have signed up to be permanent absentee voters. In the
2008 election, 72 percent of those voting chose to do so
absentee and were signed up as permanent absentee voters, he
reported. The turnout by absentee voters during the
Presidential election was nearly 193,000, compared to the 44,000
voters who went to the polls. He said, "I can't imagine what my
office would be like if I had to process 193,000 absentee
applications every single year." He pointed out that permanent
absentee voting reduces the burden on the citizen to remember to
apply annually, although they have the option to do so. Mr.
Davidson concluded by stating that he sees no downside to HB
115.
9:38:11 AM
MR. DAVIDSON offered further response to the previously asked
questions. He said the processes for getting people off the
voting rolls who have not had contact with the elections office
after a significant period of time are specified based on the
National Voter Registration Act of 1993 and the Help America
Vote Act of 2002, and he said Alaska could augment those
processes with its own state law and regulations. That has
happened in Oregon and in Colorado. He said he is familiar with
many administrative processes by which to make that happen. Mr.
Davidson offered his understanding that one issue that had not
been mentioned was that of security in absentee balloting and
all-mail balloting. He said the signature on every single
ballot that is returned is checked against the signature that is
on the voter registration rolls. He characterized that process
as "the ultimate element of security."
9:39:19 AM
JEFFREY A. MITTMAN, Executive Director, American Civil Liberties
Union (ACLU) of Alaska Foundation, said ACLU is concerned with
the rights of Alaskans under the U.S. Constitution and the
Constitution of the State of Alaska, and he emphasized that the
most fundamental right is the right to vote. He reported that
ACLU research has found that permanent absentee voter status is
an important tool in increasing participation in voting and
democracy. He said the findings show that there have been
"minimal, if any," instances of fraud resulting from [allowing
permanent absentee voting]. He thanked the committee for
considering the bill.
9:40:16 AM
LARRY BENSON, President, American Postal Workers Union American
Federation of Labor and Congress of Industrial Organizations
(APWU AFL-CIO) - Midnight Sun Area Local 2756, relayed that he
approached Representative Buch with the idea for the proposed
legislation. He stated, "The sanctity of the ballot is
paramount to process." He said USPS has been delivering vital
documents for over 200 years. Those working for the USPS have
submitted to background checks, drug screening, and are held to
the U.S. Code of Conduct and ethics laws. Furthermore, he said,
USPS has internal enforcement agencies - the Office of the
Inspector General and the Postal Inspection Service - which work
closely with the Federal Bureau of Investigation to protect
public mail fraud. Mr. Benson said USPS is currently the only
delivery service that can handle absentee ballots, and would
like to continue that as such. He indicated that USPS is well
equipped with the machinery necessary to process mail and get
ballots to citizens and back to the division in a timely manner.
He said there is a central forwarding system that alerts postal
workers when mail is returned. He noted that, as mentioned by
Ms. Fenumiai, [absentee ballots] are sent "return service
requested," so that if the recipient is no longer at the address
listed, the mail is returned.
9:42:14 AM
REPRESENTATIVE GRUENBERG asked Mr. Mittman, "Since this would
involve a change in Alaskans' voting procedure, would it have to
get preclearance?" He observed that Ms. Fenumiai was nodding
yes. In response to Chair Lynn, he said preclearance is related
to Section 5 of the Voting Rights Act of 1965. He then
suggested that HB 115 proposes something similar to that which
is offered by DMV.
MS. FENUMIAI said she does not have any direct experience with
DMV requirements, but offered her understanding that a person
can renew his/her vehicle registration on line. In response to
Representative Gruenberg, she said the division would be fine
with changing the effective date to 2011.
9:44:26 AM
CHAIR LYNN closed public testimony.
9:44:34 AM
REPRESENTATIVE GRUENBERG moved to adopt Conceptual Amendment 1,
as follows:
On page 5, line 24:
Change "2010" to "2011"
There being no objection, Conceptual Amendment 1 was adopted.
9:45:00 AM
REPRESENTATIVE PETERSEN recollected that while campaigning,
several of his constituents asked him if they had to apply for
an absentee ballot if they had voted absentee in the past. Some
people actually assumed that once they signed up to vote
absentee, they would continue to receive absentee ballots. Some
of the constituents were elderly, he said, and it may have been
difficult for them to remember the last time they filled out an
application to receive an absentee ballot. He stated that one
of the biggest complaints of voters is finding the time to get
to the election polls and waiting in long lines to vote. He
surmised that, based on the information from [Mr. Davidson], 70
percent of the people in his county had applied for permanent
absentee voting, and adopting the proposed legislation may
shorten the lines at the polls considerably and also reduce
stress on volunteers working at the polling places. He
concluded by stating that he thinks HB 115 is a good bill.
9:47:07 AM
REPRESENTATIVE SEATON moved to adopt Conceptual Amendment 2, to
remove a voter's name from the permanent absentee voter status
if that voter fails to return all ballots within a full election
cycle. In response to Chair Lynn, he stated, "That would
conceptually fit in this bill under the status of [an]
application."
9:48:23 AM
MS. FENUMIAI, in response to Representative Gruenberg, said the
division could accommodate [Conceptual Amendment 2], but she
said she does not know if there are any legal problems
associated with it.
9:48:39 AM
REPRESENTATIVE GRUENBERG removed his objection to Conceptual
Amendment 2, but said he wants Ms. Fenumiai to be able to look
at the wording when the amendment is incorporated into the
proposed bill.
REPRESENTATIVE SEATON said that would be fine with him. He said
he thinks it is best to offer the amendment before the House
State Affairs Standing Committee.
9:49:27 AM
REPRESENTATIVE BUCH expressed appreciation for the committee's
indulgence and diligence, and he said he thinks "a conceptual
amendment at this point would be appropriate."
REPRESENTATIVE GRUENBERG asked that Representative Seaton work
with "these folks" to ensure they are comfortable with the
resulting language.
9:50:07 AM
REPRESENTATIVE SEATON, in response to a request from
Representative Wilson for clarification of Conceptual Amendment
2, reiterated the intent of the amendment.
9:50:37 AM
REPRESENTATIVE GRUENBERG asked Ms. Fenumiai what the current
practice is now regarding leaving someone's name on the voter
rolls.
MS. FENUMIAI responded that a person not voting is not a reason
on its own for the division to remove that person from the voter
registration rolls. She explained that to trigger "the whole
purging process," a person would have to not vote and not have
contact with the division for four calendar years.
REPRESENTATIVE SEATON clarified that Conceptual Amendment 2
would not remove anyone from the voter registration roll; it
would only remove him/her from permanent absentee voter status.
The person could reapply. He said the intent of the amendment
is so that the division does not send ballots year after year
without having any of them returned.
9:53:41 AM
MR. DAVIDSON, in response to Representative Gruenberg, said in
Colorado, if a person does not vote - whether at the polling
place or through absentee ballot - [the entity in charge of
Colorado's elections] takes appropriate action based upon what
it finds out. Often the person has moved and, although most
ballots come back when undeliverable, sometimes they are
delivered. He stated that he thinks [Conceptual Amendment 2]
would offer an effective approach.
9:54:11 AM
REPRESENTATIVE GRUENBERG restated that he had removed his
objection to the motion to adopt Conceptual Amendment 2. There
being no further objection, it was so ordered.
9:54:34 AM
REPRESENTATIVE GRUENBERG moved to report HB 115, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes. There being no objection, CSHB
115(STA) was reported from the House State Affairs Standing
Committee.
9:55:04 AM
REPRESENTATIVE BUCH thanked committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 05 HB115-OOG-DOE-2-12-10.pdf |
HSTA 2/18/2010 8:00:00 AM |
HB 115 |