Legislature(2021 - 2022)GRUENBERG 120
04/21/2022 03:00 PM House STATE AFFAIRS
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Start | |
HB396 | |
HB66 | |
HB316 | |
SB161 | |
HB256 | |
SB66 | |
Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
+= | SB 161 | TELECONFERENCED | |
+= | HB 66 | TELECONFERENCED | |
+ | SB 66 | TELECONFERENCED | |
+ | TELECONFERENCED | ||
+= | HB 396 | TELECONFERENCED | |
+= | HB 316 | TELECONFERENCED | |
+= | HB 271 | TELECONFERENCED | |
+= | HB 256 | TELECONFERENCED | |
SB 161-POLITICAL PARTY DEFINITION 3:39:46 PM CHAIR KREISS-TOMKINS announced that the next order of business would be CS FOR SENATE BILL NO. 161(JUD), "An Act relating to the definition of 'political party'; and providing for an effective date." 3:39:58 PM The committee took a brief at-ease. 3:40:19 PM CHAIR KREISS-TOMKINS opened public testimony on CSSB 161(JUD); after ascertaining that no one wished to testify, he closed public testimony. 3:41:02 PM SENATOR BILL WIELECHOWSKI, Alaska State Legislature, prime sponsor, noted that the idea for the legislation was brought to him by a constituent who was an active member of the Libertarian Party. He welcomed questions from committee members. 3:41:37 PM REPRESENTATIVE EASTMAN asked whether the bill was conceived before or after the passage of Ballot Measure 2 [Top-Four Ranked-Choice Voting and Campaign Finance Laws Initiative (2020)]. SENATOR WIELECHOWSKI deferred to Mr. Dunsmore. 3:42:02 PM DAVID DUNSMORE, Staff, Senator Bill Wielechowski, Alaska State Legislature, on behalf of Senator Wielechowski, prime sponsor, recalled that Senator Wielechowski was approached by a constituent in December 2021, which was after the passage of Ballot Measure 2. 3:42:52 PM REPRESENTATIVE EASTMAN moved to adopt Amendment 1 to CSSB 161(JUD), [labeled 32-LS1361\B.2, Bullard, 4/19/22], which read: Page 1, line 1, following "Act": Insert "relating to the verification of a political party's number of registered voters;" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 15.80.008(a) is amended to read: (a) A political group that the director has not recognized as a political party may obtain recognized political party status if (1) [,] on or before May 31 of the election year for which the political group seeks recognition, the political group [(1)] files an application with the director; and (2) on January 1 of that year, the political group [SUBMITS BYLAWS TO THE DIRECTOR AND THE UNITED STATES DEPARTMENT OF JUSTICE AS REQUIRED OF POLITICAL PARTIES IN AS 15.25.014; AND (3)] meets the definition of a political party in AS 15.80.010. * Sec. 2. AS 15.80.008(c) is amended to read: (c) The director shall perform a verification described in (b) of this section on January 1 of each [AT LEAST ONCE A MONTH AFTER THE DATE OF CERTIFICATION OF THE PRECEDING GENERAL ELECTION, EXCEPT THAT THE DIRECTOR MAY SUSPEND THE MONTHLY VERIFICATIONS ON AND AFTER JUNE 1 AND BEFORE NOVEMBER 30 OF A GENERAL ELECTION] year. For purposes of (b) of this section, the director shall verify that the voters who have submitted registration forms to the division of elections are qualified under AS 15.05.010 and have declared affiliation with the political group or recognized political party for which the verification is performed." Page 1, line 4: Delete "Section 1" Insert "Sec. 3" Renumber the following bill section accordingly. Page 1, lines 6 - 10: Delete "; beginning with the results of the 2030 decennial federal census, following each decennial federal census, the division shall by regulation adjust this number by the percentage of the change to the population of the state since the 2020 decennial federal census, rounded to the nearest 500" REPRESENTATIVE CLAMAN objected. 3:42:57 PM REPRESENTATIVE EASTMAN explained that Amendment 1 would insert the date, January 1, on which the Division of Elections (DOE) would calculate the number of registered voters associated with a political party to verify the party's status. He indicated that the relevant language was found on page 1, line 13 of Amendment 1. SENATOR WIELECHOWSKI said his preference was to leave the bill in its current form. 3:45:32 PM REPRESENTATIVE CLAMAN maintained his objection. 3:45:36 PM REPRESENTATIVE EASTMAN argued that January 1 was a logical place to "set the benchmark." 3:46:19 PM A roll call vote was taken. Representatives Eastman voted in favor of the adoption of Amendment 1. Representatives Tarr, Story, Claman, and Kreiss-Tomkins voted against it. Therefore, Amendment 1 failed by a vote of 1-4. 3:46:51 PM REPRESENTATIVE EASTMAN moved to adopt Amendment 2 to CSSB 161(JUD), [labeled 32-LS1361\B.3, Bullard, 4/19/22], which read: Page 1, line 6: Delete "5,000" Insert "250" Page 1, lines 6 - 10: Delete "; beginning with the results of the 2030 decennial federal census, following each decennial federal census, the division shall by regulation adjust this number by the percentage of the change to the population of the state since the 2020 decennial federal census, rounded to the nearest 500" REPRESENTATIVE CLAMAN objected. 3:46:58 PM REPRESENTATIVE EASTMAN explained that Amendment 2 would reduce the number of required registered voters from 5,000 to 250. He reasoned that there were not many groups attempting to form political parties in Alaska, so reducing the number of registered voters would not produce an overabundance of new political parties. Additionally, Amendment 2 deleted the provision that required the division to adjust the number of registered voters by the percentage of the change to state population based on the decennial federal census results. 3:48:03 PM SENATOR WIELECHOWSKI said his preference was to leave the bill in its current form. 3:48:53 PM REPRESENTATIVE CLAMAN sought to confirm that the original version of the bill lacked the "decennial population adjustment" provision. SENATOR WIELECHOWSKI said, "That's correct." REPRESENTATIVE CLAMAN maintained his objection. 3:49:22 PM REPRESENTATIVE EASTMAN withdrew Amendment 2. 3:49:33 PM REPRESENTATIVE EASTMAN moved to adopt Amendment 3 to CSSB 161(JUD), [labeled 32-LS1361\B.6, Bullard, 4/19/22], which read: Page 1, line 1, following "Act": Insert "relating to confidential affiliation with a political party or political group;" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 15.07 is amended by adding a new section to read: Sec. 15.07.073. Confidential affiliation with a political party or political group. (a) A voter registering as affiliated with a political party or political group may request that the division keep confidential, to the extent provided under (c) and (d) of this section, the voter's affiliation with the political party or political group. (b) Subject to (c) and (d) of this section, the division shall keep confidential the affiliation of a voter who requests that the voter's affiliation with a political party or political group remain confidential under (a) of this section. (c) The division shall notify the state chair of a political party or political group, or another person authorized by the rules or bylaws of the political party or political group, of the name of a voter who has registered as affiliated with the political party or political group and who has requested that the voter's affiliation be kept confidential under this section. (d) A voter who chooses to keep confidential the voter's affiliation with a political party or political group under this section may not be counted as affiliated with the political party or political group unless, under AS 15.80.008(c), counting the voter allows the political party or political group to maintain or obtain recognized political party status under AS 15.80.008. The affiliation of a voter counted under this subsection becomes public information, and the division may not continue to keep the affiliation confidential. * Sec. 2. AS 15.07.075 is amended to read: Sec. 15.07.075. Voters unaffiliated with a political party. The director shall consider a voter to be a voter registered as (1) "nonpartisan" and without a preference for a political party if the voter registers as nonpartisan on a voter registration form; (2) "undeclared" if the voter (A) registers as undeclared on a voter registration form; (B) fails to declare an affiliation with a political group or political party on a voter registration form; or (C) declares an affiliation with an entity other than a political party or political group on a voter registration form; or (3) "other" if the voter (A) declares on a voter registration form an affiliation with a political group; or (B) requests to keep the voter's affiliation with a political party or political group confidential under AS 15.07.073 and the voter's affiliation is not made public under AS 15.07.073(d). * Sec. 3. AS 15.07.127 is amended to read: Sec. 15.07.127. Preparation of master register. Subject to AS 15.07.073 and 15.07.075, the [THE] director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons whose names appear on the master register and their political party affiliation. Subject to the limitations of AS 15.07.195, any person may obtain a copy of the list, or a part of the list, or an electronic format containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director. * Sec. 4. AS 15.07.195(a) is amended to read: (a) The following information set out in state voter registration records is confidential and is not open to public inspection: (1) the voter's age or date of birth; (2) the voter's social security number, or any part of that number; (3) the voter's driver's license number; (4) the voter's voter identification number; (5) the voter's place of birth; (6) the voter's signature; (7) the voter's affiliation with a political party or political group if requested, and to the extent allowable, under AS 15.07.073. * Sec. 5. AS 15.07.195(c) is amended to read: (c) Notwithstanding other provisions, and in compliance with federal law, information made confidential by (a)(1) - (6) of this section may be released by the division (1) to a local, state, or federal government agency, including to the child support services agency created in AS 25.27.010 or the child support enforcement agency of another state; the agency receiving information under this paragraph may use the information only for governmental purposes authorized under law; (2) in compliance with a court order; (3) to a person holding a writ of execution against the person or property of the voter; (4) if the voter about whom information has been requested has provided written consent to the release; or (5) to another state or an organized group of states for the purpose of ensuring the accuracy of the state's voter registration list prepared under AS 15.07.125 and the eligibility of persons on the list to vote in state elections, if the other state or organized group of states maintains the confidentiality of the information using information security management policies and procedures that comply with (A) the information security standards of the International Organization for Standardization; or (B) a published information security standard used by the state and approved by the Department of Administration. * Sec. 6. AS 15.15.400 is amended to read: Sec. 15.15.400. Preparation of voter list. Subject to AS 15.07.073 and 15.07.075, the [THE] director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons who voted in the election and their political party affiliation. Any person may obtain a copy of the list, or a part of the list, or a computer tape containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director. * Sec. 7. AS 15.80.008(c) is amended to read: (c) The director shall perform a verification described in (b) of this section at least once a month after the date of certification of the preceding general election, except that the director may suspend the monthly verifications on and after June 1 and before November 30 of a general election year. For purposes of (b) of this section, the director shall verify that the voters who have submitted registration forms to the division of elections are qualified under AS 15.05.010 and have declared affiliation with the political group or recognized political party for which the verification is performed. A voter who requests that the voter's political affiliation remain confidential under AS 15.07.073 may not be counted as having declared affiliation with a political group or recognized political party under this section unless counting the voter allows the political party or political group to maintain or obtain recognized political party status under this section and AS 15.80.010(27)." Page 1, line 4: Delete "Section 1" Insert "Sec. 8" Renumber the following bill section accordingly. Page 2, following line 12: Insert a new bill section to read: "* Sec. 9. AS 43.23.110(c) is amended to read: (c) Information submitted on a permanent fund dividend application that is used for the purpose of registering an applicant to vote under AS 43.23.101 shall be kept confidential by the division of elections as provided in AS 15.07.073 and 15.07.195 [AS 15.07.195]." Renumber the following bill section accordingly. REPRESENTATIVE CLAMAN objected. 3:49:37 PM REPRESENTATIVE EASTMAN explained that Amendment 3 would create an opportunity for voters to maintain a confidential party affiliation, which would only become public if counting the voter allowed the political party or group to maintain or obtain recognized political party status. SENATOR WIELECHOWSKI said he appreciated the intent; however, under current law, a person could select "undeclared" if he/she wished to keep his/her party affiliation private. 3:51:58 PM REPRESENTATIVE EASTMAN withdrew Amendment 3. 3:52:20 PM REPRESENTATIVE EASTMAN moved to adopt Amendment 4 to CSSB 161(JUD), [labeled 32-LS1361\B.1, Bullard, 4/19/22], which read: Page 1, line 6: Delete "represents a political program and" Page 1, line 10, following "500": Insert "[REPRESENTS A POLITICAL PROGRAM AND" Page 1, line 11: Delete "[(A)" Insert "(A)" REPRESENTATIVE CLAMAN objected. 3:52:25 PM REPRESENTATIVE EASTMAN explained that Amendment 4 would delete the language "represents a political program and" on page 1, line 6 of the bill. He argued that subscribing to the same political program should not a requirement of the registered voters that constitute a political party. SENATOR WIELECHOWSKI deferred to Mr. Dunsmore. MR. DUNSMORE said he wasn't clear what practical effect Amendment 4 would have, as DOE didn't conduct a review to determine whether a group had a political program. He indicated that it was definitionally assumed that a group seeking party access would represent a political program. CHAIR KREISS-TOMKINS inquired about the practical effect of the language in question. 3:54:47 PM THOMAS FLYNN, Assistant Attorney General, Civil Division, Department of Law, sought further clarification. CHAIR KREISS-TOMKINS directed attention to page 1, line 6 of CSSB 161(JUD) and asked whether the deletion of the language "represents a political program and" would have any substantive impact. MR. FLYNN answered no, DOE was not in the business of deciding what a political party is and isn't and denying status on those grounds. He stated that the deletion of that language would not have a large practical effect. CHAIR KREISS-TOMKINS sought to confirm that Amendment 4 may economize the statutory language. MR. FLYNN said, "That's my sense." 3:56:27 PM REPRESENTATIVE CLAMAN considered a scenario in which a group of 4,000 people wanted to call themselves the Liberty Party. He sought to confirm that the group would not obtain recognized status until they reached 5,000. MR. FLYNN answered yes, they would have to clear the threshold of 5,000 registered voters. REPRESENTATIVE CLAMAN surmised that deleting the language "represents a political program and" would allow any organized groups to be recognized as a political party once reaching that threshold. MR. FLYNN said he was struggling to identify a situation in which the division would refuse to recognize a group of over 5,000 registered voters based on the absence of an identifiable political program. REPRESENTATIVE CLAMAN remarked, "But on some level, there would have to be some finding that there was some way to figure out that the group, such as they are, have enough of a commonality of interest to call them an organized group." MR. FLYNN answered yes, I'd suppose so. 3:58:59 PM REPRESENTATIVE TARR surmised that identifying a political program could help the division differentiate between two respective groups with similar missions. She asked how such a circumstance would be handled. MR. FLYNN said that was an inherent danger in the system. Nonetheless, he shared his understanding that groups were not required to submit a political program to the division for approval. REPRESENTATIVE EASTMAN pointed out that similar political parties existed. 4:02:47 PM REPRESENTATIVE CLAMAN withdrew his objection to the adoption of Amendment 4. There being no further objection, Amendment 4 was adopted. 4:04:05 PM REPRESENTATIVE EASTMAN moved to adopt Amendment 5 to CSSB 161(JUD), [labeled 32-LS1361\B.4, Bullard, 4/19/22], which read: Page 1, line 1, following "Act": Insert "relating to voter registration;" Page 1, following line 3: Insert new bill sections to read: "* Section 1. AS 15.07.050(b) is amended to read: (b) Except as provided in (c) of this section, only the voter or the individual authorized by the voter in a written power of attorney under (a) of this section may mark the voter's choice of party or group affiliation on the voter registration application form. * Sec. 2. AS 15.07.050 is amended by adding a new subsection to read: (d) A voter registration agency shall provide each applicant for registration or reregistration the opportunity to adopt a political party or group affiliation. The voter registration agency shall provide each applicant a complete list of political parties and political groups in the state. * Sec. 3. AS 15.07.070(j) is amended to read: (j) The division shall cooperate with the Department of Revenue under AS 43.23.101 to ensure that the permanent fund dividend application form furnished by the Department of Revenue under AS 43.23.015 provides an applicant the opportunity to adopt a political party or group affiliation, includes the list of active political parties and political groups required under AS 15.07.050(d), allows an applicant, a person who is designated in a power of attorney to act on behalf of an applicant, or a person acting on behalf of a physically disabled applicant to submit voter registration information required under AS 15.07.060(a)(1) - (4) and (7) - (9), and requires an applicant to attest [AN ATTESTATION] that the required voter registration [SUCH] information is true. The director may require proof of identification of the applicant, if not already in the Department of Revenue's possession, as required by regulations adopted by the director under AS 44.62 (Administrative Procedure Act). * Sec. 4. AS 15.07.070(k) is amended to read: (k) Upon receipt of an applicant's [THE] registration and political affiliation information provided under (j) of this section, the director shall, as soon as practicable and in accordance with a schedule established by the director by rule, notify by United States mail and any other means authorized by the director, each applicant not already registered to vote at the address provided in the applicant's application (1) of the processes to (A) decline to be registered as a voter; and (B) maintain an existing voter registration or be newly registered at a valid place of residence not provided in the applicant's application; and [(C) ADOPT A POLITICAL PARTY AFFILIATION; AND] (2) that failure to respond to the notification shall constitute the applicant's consent to cancel any registration to vote in another jurisdiction. * Sec. 5. AS 15.07.127 is amended to read: Sec. 15.07.127. Preparation of master register. The director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons whose names appear on the master register and their political [PARTY] affiliation. Subject to the limitations of AS 15.07.195, any person may obtain a copy of the list, or a part of the list, or an electronic format containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director. * Sec. 6. AS 15.15.400 is amended to read: Sec. 15.15.400. Preparation of voter list. The director shall prepare both a statewide list and a list by precinct of the names and addresses of all persons who voted in the election and their political [PARTY] affiliation. Any person may obtain a copy of the list, or a part of the list, or a computer tape containing both residence and mailing addresses of voters, by applying to the director and paying to the state treasury a fee as determined by the director." Page 1, line 4: Delete "Section 1" Insert "Sec. 7" Renumber the following bill section accordingly. REPRESENTATIVE CLAMAN objected. 4:04:12 PM REPRESENTATIVE EASTMAN directed attention to Section 2 and Section 3 of Amendment 5, which he characterized as the pertinent information. He indicated that the proposed amendment would require a voter registration agency, DOE, and the Department of Revenue (DOR) to provide a list of active political parties and political groups on the permanent fund dividend (PFD) application form and the voter registration application. SENATOR WIELECHOWSKI expressed concern that Amendment 5 would make the application forms too lengthy. Additionally, he pointed out that if a person was interested in declaring a political party affiliation, he/she could simply go online and register for said party. REPRESENTATIVE EASTMAN opined that by omitting a list of active political parties, the larger, more well-known parties were benefitting at the expense of smaller groups. SENATOR WIELECHOWSKI questioned whether it was the state's duty to promote political parties or make people aware of their existence. MR. DUNSMORE added that after reviewing it from the perspective of a legislative staffer who often assisted constituents with related matters, he argued that a lengthier form might cause undue burden. 4:10:12 PM REPRESENTATIVE EASTMAN withdrew Amendment 5. 4:11:18 PM REPRESENTATIVE EASTMAN moved to adopt Amendment 6 to CSSB 161(JUD), [labeled 32-LS1361\B.5, Bullard, 4/19/22], which read: Page 1, line 1, following "Act": Insert "relating to changing the name of a political group or recognized political party;" Page 1, following line 3: Insert a new bill section to read: "* Section 1. AS 15.80.008 is amended by adding a new subsection to read: (f) A political group or political party may change its name and retain its membership, and, for a political party, its recognized status under this title, if the political group or political party submits evidence satisfactory to the director that the name change was approved at a state convention of the political group or political party or by another means authorized by the rules or bylaws of the political group or political party. If, before the filing deadline for office, a political group or political party submits evidence satisfactory to the director of a name change under this subsection, (1) and a candidate affiliated with that political party or political group requests that the candidate's affiliation be designated after the name of the candidate on the ballot under AS 15.15.030(a)(5), the director shall use the new name of the political party or political group; and (2) a candidate registered as affiliated with the political group or political party shall state the new name in the candidate's listed affiliation or party designation in a declaration of candidacy under AS 15.25.030(a)(5)." Page 1, line 4: Delete "Section 1" Insert "Sec. 2" Renumber the following bill section accordingly. REPRESENTATIVE CLAMAN objected. 4:11:23 PM REPRESENTATIVE EASTMAN explained that the purpose of Amendment 6 was to clarify that there was no intention of burdening or penalizing a political party that decided to change its name. SENATOR WIELECHOWSKI opined that Amendment 6 was worthy of its own bill. REPRESENTATIVE TARR suggested addressing this topic after the passage of CSSB 161(JUD) if dozens of new parties were formed in its wake. She maintained her belief that the focus of the proposed legislation should be limited in scope. 4:13:36 PM REPRESENTATIVE EASTMAN withdrew Amendment 6. CHAIR KREISS-TOMKINS invited closing comments from committee members. 4:14:02 PM REPRESENTATIVE TARR expressed her appreciation for the bill, as the diversity of views among Alaskans were not well-represented by the few existing parties, she opined. She expressed her hope that increasing the options would engage more people in the electoral and policy-making process. REPRESENTATIVE EASTMAN applauded the sponsor for bringing the bill forward. 4:14:58 PM REPRESENTATIVE CLAMAN moved to report CSSB 161(JUD), as amended, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection HCS CSSB 161(STA) was reported out of the House State Affairs Standing Committee.