Legislature(2011 - 2012)CAPITOL 106
02/02/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB260 | |
| HB287 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 260 | TELECONFERENCED | |
| += | HB 287 | TELECONFERENCED | |
HB 260-PERMANENT ABSENTEE VOTING
[During discussion of HB 260, there was mention of HB 287.]
8:05:51 AM
CHAIR LYNN announced that the next order of business was HOUSE
BILL NO. 260, "An Act establishing a permanent absentee voting
option for qualified voters; and providing for an effective
date."
8:06:18 AM
REPRESENTATIVE PETERSEN, as sponsor, introduced HB 260. He
stated that the proposed legislation would strengthen democracy
by increasing Alaskans' access to and ease of voting. He said
many people cannot get to the voting precincts on Election Day,
including soldiers, miners, North Slope workers, adults with
disabilities, and the elderly. Representative Petersen reported
that Alaska has the fastest growing senior population in the
nation, and studies show that among the most likely to use mail-
in absentee ballots are the elderly. He indicated that voters
who are out of town during an election, living in a remote area,
or who have a physical disability benefit from the ability to
use mail-in absentee ballots. The proposed legislation would
allow these people to participate more easily in their
democracy.
REPRESENTATIVE PETERSEN said currently seven states and the
District of Columbia allow voters to apply for permanent
absentee voter status. Nationwide, there has been an increased
trend in voters participating in voting early, voting absentee,
and applying for permanent absentee voting status in states that
allow it. He related that in 2008, one in three voters cast
his/her ballot before Election Day. The number of voters that
wait to vote at the voting precincts has decreased over the last
12 years. He relayed that in 2008, 106,052 voters in Alaska
voted absentee, which was 21 percent of Alaska's registered
voters. In 2010, he said, that number was 67,737. He ventured
that the greater number in 2008 was because that year was a
Presidential election year. Representative Petersen stated that
permanent absentee voting will not only make voting easier, but
will also make it more difficult to commit voter fraud, because
of the scrutiny over every ballot that is counted. Furthermore,
the process would lower the operating cost of the division.
Representative Petersen said under HB 260, Alaska will continue
to be on par with the changing trends in voting across the
country. Consideration of the proposed legislation will
recognize voter sentiment in wanting the election process to be
more convenient, while allowing the division to remain in
control and ensuring fair elections.
8:10:40 AM
REPRESENTATIVE PETERSEN, in response to the chair, said the
principle difference between HB 260 and HB 287 is that HB 260
would allow voters permanent absentee voter status.
8:10:56 AM
MONICA SOUTHWORTH, Staff, Representative Pete Petersen, Alaska
State Legislature, on behalf of Representative Petersen,
sponsor, presented the sectional analysis for HB 260, which read
as follows [original punctuation provided, with some formatting
changes]:
Section 1 of this bill amends AS 15.07.127 by adding a
new subsection (b) that states "the director shall
maintain the list under (a) of this section so that
the names of persons who have the status of permanent
absentee voters under AS 15.20.085 may be readily
identified."
Section 2 of this bill amends AS 15.07.130(e) by
adding (b) which states that a voter who applies to
the Division of Elections for a permanent absentee
voter status qualifies as a voter who "appears to
vote" under (b) and (d) of this section.
Section 3 Amends AS 15.20 by adding a new section
(15.20.085) that:
(a) enables Alaskan voters to apply to the Division of
Elections for permanent absentee voting status;
(b) allows a person to provide a voter with a
permanent absentee voting application form with a
political party or group affiliation only if that
voter is already registered with the political party
or group indicated. This paragraph also sets forth
requirements that only the voter may mark the
application form, indicate their choice of primary
ballot and submit the application to the Division of
Elections on a form prescribed by the Director of the
Division of Elections;
(c) requires the Division of Elections to send an
absentee ballot to each voter designated as a
permanent absentee voter for each state primary,
general and special election and any other election
for which the state has the responsibility for
conducting the election; and establishes the timeline
and manner in which the ballots will be sent;
(d) requires the Director of the Division of Elections
to make change of address forms available for
permanent absentee voters;
(e) allows the Director of the Division of Elections
to not send an absentee ballot if the Division has
received notice that mail sent to an address is
undeliverable;
(f) allows a permanent absent voter to cast the ballot
under AS 15.20.081(d), which lists persons who are
authorized to witness the casting of a ballot, and AS
15.20.081(e), which lists the dates by which the
ballot must be cast and the means by which it must be
returned to the Division of Elections;
(g) requires that ballots voted under this section be
reviewed under the procedures that are established for
the review of absentee ballots in AS 15.20.201 and AS
15.20.203;
(h) establishes that nothing in this section prohibits
a person from voting early, or in person at a
precinct, or in person before an absentee voting
official, or by electronic submission as provided by
AS 15.15.195, AS 15.15.198, AS 15.20.061, AS 15.20.064
and AS 15.20.066.
Section 4 amends AS 15.56.030(a) by making the
provisions that govern the unlawful interference with
voting in the first degree apply to permanent absentee
voting.
Section 5 amends AS 15.56.035(a) by making the
provisions that govern the unlawful interference with
voting in the second degree apply to permanent
absentee voting.
Section 6 authorizes the Director of the Division of
Elections to adopt regulations to implement the
changes made in this act.
Section 7 provides for an immediate effective date for
section 6, which will allow the Division of Elections
to adopt regulations to implement the changes made in
this act.
Section 8 provides for a January 1, 2013 effective
date for all other provisions of this act.
8:14:48 AM
REPRESENTATIVE P. WILSON directed attention to Section 3(b) of
the sectional analysis, which states that only the voter may
mark the application form. She said there are times when a
voter is mentally capable to vote, but not physically capable to
mark the ballot on his/her own. As an example, she shared that
her father had amyotrophic lateral sclerosis (ALS).
REPRESENTATIVE PETERSEN clarified that that language refers to
the application for the absentee ballot not the ballot itself.
REPRESENTATIVE P. WILSON responded that there may be times
person needs to have someone else mark his/her application, for
example, someone with Parkinson's.
8:17:09 AM
REPRESENTATIVE PETERSEN in response to the chair, reiterated
that the only change proposed under HB 260 is to make the
absentee ballot status permanent for those who apply for it.
8:17:33 AM
REPRESENTATIVE PETERSEN, in response to Representative Johansen,
offered his understanding that the State of Oregon has gone 100
percent to voting by mail.
REPRESENTATIVE JOHANSEN questioned how, under HB 260, a
situation would be prevented in which someone who had signed up
for permanent absentee voting status moved to another state and
had his/her absentee ballot forwarded and submitted that ballot.
REPRESENTATIVE PETERSEN offered his belief that if a person
leaves Alaska and registers to vote in another state, then
he/she would no longer be eligible to vote the Alaska ballots.
CHAIR LYNN asked about a situation in which someone moved from
Alaska to another state, but did not register in the other
state.
REPRESENTATIVE PETERSEN deferred to his staff.
8:20:49 AM
MS. SOUTHWORTH offered her understanding that the United States
Postal Service (USPS) will not forward ballots.
REPRESENTATIVE JOHANSEN said he realizes that USPS will not
forward ballots, but said it would be easy for someone to have a
friend or relative send the ballot to the Lower 48. He
emphasized the importance of ensuring the integrity of Alaska's
voting process.
8:22:48 AM
REPRESENTATIVE PETERSEN, in response to Representative Keller,
said he does not recall having seen any statistics that show
that with an increased use of absentee ballots comes an increase
in fraud.
8:23:20 AM
REPRESENTATIVE SEATON directed attention to Section 3(f) of the
sectional analysis, regarding persons authorized to witness the
signing of an absentee ballot, and he said the committee dealt
with that issue comprehensively during the hearing of past
legislation. He asked if HB 260 would make changes related to
witnessing.
REPRESENTATIVE PETERSEN offered his understanding that the
proposed bill would not change that procedure in any way.
REPRESENTATIVE SEATON said he would like some clarification from
the Division of Elections.
8:27:26 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, responded to concerns expressed by
Representative Johansen pertaining to comments made by Larry
Benson about the susceptibility of voting machines to hackers,
in a letter to Representative Petersen, dated 1/18/12. She said
voting by mail and voting electronically are "two different
animals." When people vote by mail, she explained, their
ballots are returned to the division, which scans the ballots
through the same machine that is used by voters in their
precincts. She stated that the division's voting equipment is
safe and secure and thoroughly tested before and after each
election, so "voting by mail would not have an impact on the
security of how results are reported to the state."
8:30:12 AM
MS. FENUMIAI, in response to Chair Lynn, reported that in 2010,
45,769 registered voters applied to vote by mail, but she said
she does not know without researching what percentage of those
ballots were returned. She said not everyone who gets a ballot
returns it, but a high percentage does.
8:31:22 AM
MS. FENUMIAI, in response to a question from Representative
Keller regarding the fiscal note, said changing the status of
each registered voter who chose to apply for lifetime absentee
voting would require some enhancements to the division's voter
registration system, and the cost of doing so is estimated to be
$21,000. She indicated that as a matter of due diligence, the
division would contact those who had signed up for lifetime
absentee voting, to ensure that the addresses the division has
on file are accurate, and any letters returned would let the
division know who should no longer be on the list. That mailing
cost is anticipated to be $20,000. In response to a follow-up
question, she said it is unknown how many people would take
advantage of this process if made available. She said that when
ordering ballots, the division always anticipates a higher than
normal turnout, so she does not anticipate needing to order an
increased amount of ballots. She said there is a certain period
of time in which the division must process ballots, and the
workload fluctuates from election to election. She stated that
she does not foresee any additional cost related to staff time
in processing ballots.
8:34:03 AM
MS. FENUMIAI, in response to the chair, confirmed that the
absentee voter is responsible for paying for postage to mail
his/her ballot back to the division.
8:34:40 AM
MS. FENUMIAI, in response to a question from Representative P.
Wilson, said the process for purging voter names from the voter
list is done annually and is outlined in statute. She said the
division used to remove people from the voter list if they
failed to vote, but under the National Voter Registration Act
that is no longer allowed. She offered further details
regarding the process, including that the division receives
notifications from other states and notifications of a voter's
death. She said the division looks at local newspapers and
obituaries. In response to Chair Lynn, she said the division
does not always find out about Alaska residents who die out of
the state. In response to Representative P. Wilson, she said
the division looks at the on line versions of Alaska's major
newspapers. In response to Chair Lynn, she offered her
understanding that there is nothing in statute that requires
mortuaries or funeral homes to notify the state when someone has
died; however, they are responsible for getting that information
to Social Security.
8:39:35 AM
REPRESENTATIVE PETERSEN said any "black hole" that exists would
still exist under HB 260, because the proposed legislation would
not change procedures.
CHAIR LYNN said the committee discussion has gone down a rabbit
trail, with many points of interest along the route.
8:40:01 AM
REPRESENTATIVE P. WILSON said any black hole should be
considered because HB 260 is proposing something permanent. She
expressed concern about fraud.
8:41:37 AM
MS. FENUMIAI, in response to a question from Representative
Johansen, said she feels that the division does a good job of
removing people from the voter rolls in accordance with federal
law. She expressed her wish that there was a better way to
receive notification regarding [Alaskan residents] who have died
while out of the state. She said the division gets information
from vital statistics regarding deaths in the state of Alaska
and receives information from the Department of Corrections
(DOC) regarding people who have been convicted of felonies
involving moral turpitude, and the division inactivates their
records. She said she thinks the division does a good job,
based on current law.
8:42:33 AM
REPRESENTATIVE P. WILSON explained that the reason she is
pursuing this issue is because a couple years ago in Petersburg,
Alaska, a widow was upset that her dead husband's name was still
on the voter's list.
MS. FENUMIAI replied that it is not a perfect system. She
ventured that if funeral homes were required to report deaths to
the division as they are currently required to report them to
Social Security, then that would be of help.
CHAIR LYNN suggested that until such a law can be passed, the
division could send out a letter requesting such reporting be
done.
8:44:03 AM
REPRESENTATIVE KELLER cautioned that it would be easy for
someone who moves into an apartment and finds a ballot among a
stack of mail addressed to previous residents to commit fraud by
voting on that ballot.
MS. FENUMIAI stated that in her experience with the division,
there has not been any experience of fraud in absentee voting.
She said Alaska's absentee ballots require a witness, so two
people would have to be in on the fraud.
8:45:22 AM
REPRESENTATIVE GRUENBERG cited AS 15.56.040, which read as
follows:
Sec. 15.56.040. Voter misconduct in the first degree.
(a) A person commits the crime of voter
misconduct in the first degree if the person
(1) votes or attempts to vote in the name of
another person or in a name other than the person's
own;
(2) votes or attempts to vote more than once at
the same election with the intent that the person's
vote be counted more than once;
(3) intentionally makes a false affidavit, swears
falsely, or falsely affirms under an oath required by
this title;
(4) knowingly votes or solicits a person to vote
after the polls are closed with the intent that the
vote be counted.
(b) Voter misconduct in the first degree is a
class C felony.
REPRESENTATIVE GRUENBERG cited AS 15.56.050, which read as
follows:
Sec. 15.56.050. Voter misconduct in the second
degree.
(a) A person commits the crime of voter
misconduct in the second degree if the person
(1) registers to vote without being entitled to
register under AS 15.07.030;
(2) knowingly makes a material false statement
while applying for voter registration or
reregistration; or
(3) votes or attempts to vote in an election
after being disqualified under AS 15.05.030.
(b) Voter misconduct in the second degree is a
class A misdemeanor.
REPRESENTATIVE GRUENBERG offered his understanding that there
are no "reported decisions on this."
8:47:47 AM
REPRESENTATIVE KELLER indicated that fraud would be made easier
under the proposed legislation, and he said he would like to
know if "any action's been taken on the law."
8:49:11 AM
REPRESENTATIVE GRUENBERG returned to the aforementioned APWU
letter, and pointed to a paragraph on the second page, which
names the percentage of votes submitted by mail in various
states. He suggested that the committee could find out if fraud
increased in those other states.
CHAIR LYNN remarked that most people don't take the time to read
the statutes before committing a crime.
8:52:05 AM
TRAVIS LEWIS, Vice President, Alaskans for Alaska, noted that he
also was the former Vice Chair of the Elfin Cove Nonprofit
Corporation. He said in the last election, 42 people showed up
to vote in Elfin Cove; at least 20 admitted that they were
residents of another state. Mr. Lewis said it is scary to think
that someone could become a permanent absentee voter without
having to live in Alaska. He gave examples of people who don't
live in Alaska making decisions that affect locals and being
given opportunities not given some locals. He urged the
committee to take a strong stand against allowing ballots to be
forwarded outside of Alaska. He stated, "If there's a way to
cheat, they will."
8:58:49 AM
REPRESENTATIVE KELLER said he does not think Mr. Lewis's
testimony is inconsistent with that of Ms. Fenumiai. He said
the forwarding of ballots is not supposed to happen.
MR. LEWIS said he has lived in Elfin Cove since 1964, and he
emphasized, "There's not a lot of enforcement at our level."
9:00:38 AM
REPRESENTATIVE SEATON asked Mr. Lewis if his primary concern is
that people are allowed to live out of state and vote absentee,
or that he wants those people to have to apply annually.
MR. LEWIS answered that he thinks it is too easy to become a
registered voter in Alaska. He questioned why someone who is
only here from May through August can have an impact on the
local politics of Alaska. He reiterated his request that the
legislature be cautious about allowing permanent absentee
ballots.
9:04:58 AM
REPRESENTATIVE P. WILSON offered her understanding that the
point Mr. Lewis is making is that "there are people that aren't
really residents of the state that have a voter registration
already" and "can you imagine what it would be like if we say,
'Oh, well, we'll permanently do this.'?"
MR. LEWIS concurred.
9:05:58 AM
PAUL LARRY BENSON, JR., American Postal Workers Union (APWU),
reviewed that presently people must register yearly to be able
to vote absentee ballot by mail; under HB 260, a person would
only have to register once, provided he/she continued to vote
subsequent years. Further, he noted, HB 260 would allow a
person who was dropped from the by-mail voter list, because
he/she did not vote, to reapply for permanent absentee voting
status. He observed that HB 260 would not allow a permanent
absentee ballot to be forwarded anywhere. He noted that current
law does not allow ballots to be forwarded. He said when APWU
returns the ballots to the division, then that will help clean
up the voter roll.
MR. BENSON, JR., regarding the security of ballots, said while
USPS is the means of delivery of those ballots, the United
States Postal Inspection Service (USPIS) and the Office of the
Inspector General (OIG) are the law enforcement divisions of the
United States Postal Service. He stated that if there is fraud,
those divisions will find out, because they have the highest
criminal conviction rates of anyone.
9:08:32 AM
MR. BENSON, JR., described the method by which USPS separates
Internal Revenue Service (IRS) tax returns, and he said ballots,
like tax returns, are highly recognizable. He related that USPS
has an on-time delivery rating of 96-98 percent. He said the
"approval rating" in Oregon is 81 percent. He said currently
about 45,000 ballots are "going out in elections." He ventured
that offering permanent absentee voting status would increase
the number of people who chose that method, and he listed some
for whom absentee voting may be a preference, including working
parents, the elderly, and disabled people. Mr. Benson, Jr.,
proffered that when a ballot arrives in the mail, it is a
reminder for the person receiving it to begin studying, which
would eliminate "in the booth" decision-making. He further
ventured there would be a cost savings [to the division].
9:11:00 AM
MR. BENSON, JR., regarding concern about a paper trail, said it
will not necessarily come from USPS. He reminded the committee
that Ms. Fenumiai had said that computer hacking has not been a
problem. He relayed that 17 states use absentee voting and
voter fraud has not increased as a result.
9:12:54 AM
MR. BENSON, JR., in response to Chair Lynn, confirmed that he is
speaking on behalf of APWU, but added that he has the authority
to speak on behalf of the national union. In response to
Representative Keller, he said the national union supports
absentee voting, but does not actively campaign to get people to
vote. He admitted that an increase in absentee voting would
mean an increase in revenue for USPS.
9:14:47 AM
PAT LUBY, Advocacy Director, AARP Alaska, stated that AARP
supports any means to encourage people to vote. He concurred
with the bill sponsor that older people are most likely to use
absentee voting. He said making the process permanent will is
beneficial for older voters and would make every election easier
for them.
9:16:51 AM
JOHN HOLLAWAY, testifying on behalf of himself, expressed
concern that a permanent status would take away the necessary
hurdles of applying annually, without which, the voter roll may
not be accurate. Regarding forwarding of mail, he said there is
identification posted on mail that cannot be forwarded, and he
offered his understanding that the window for forwarding is 18
months. He said, "... The voter registration thing that Ms.
Fenumiai was mentioning - that item, I believe, would be
forwarded to the new address, where a person could take action
to ensure that they stayed on the registration for voting. I'm
not sure that there's anything in place that twill be done with
the permanent absentee voting."
9:19:39 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
9:20:53 AM
MS. FENUMIAI, in response to Representative Seaton, said the
proposed legislation would neither change when the division
mails out ballots nor the timing of receiving, reviewing, and
counting ballots. In response to a follow-up question, she
said, "I did not see anything in this bill that changed the
current witnessing requirement of either someone who's
authorized to witness an oath or one person over the age of 18."
9:22:41 AM
REPRESENTATIVE PETERSEN highlighted language on page 3, lines
13-15, which read as follows:
(i) If a voter designated as a permanent
absentee voter under this section does not vote or
appear to vote in a primary, special, or general
election for a period of four calendar years, the
director shall remove the voter's permanent absentee
voter status.
9:23:38 AM
CHAIR LYNN announced that HB 260 was held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 04bHB287-OOG-DOE-1-27-12.pdf |
HSTA 2/2/2012 8:00:00 AM |
HB 287 |
| 01 HB0260A.pdf |
HSTA 2/2/2012 8:00:00 AM |
HB 260 |
| 02 HB 260 Sponsor Statement.pdf |
HSTA 2/2/2012 8:00:00 AM |
HB 260 |
| 03 HB 260 Sectional Analysis.pdf |
HSTA 2/2/2012 8:00:00 AM |
HB 260 |
| 04 HB 260 Letters of Support - APWU.pdf |
HSTA 2/2/2012 8:00:00 AM |
HB 260 |
| 05 HB260-OOG-DOE-1-28-12.pdf |
HSTA 2/2/2012 8:00:00 AM |
HB 260 |