Legislature(1993 - 1994)

03/15/1994 08:35 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  SB 303:        An Act  relating to voter  eligibility, voter                 
                 registration,    and    voter    registration                 
                 agencies;  and  providing  for  an  effective                 
                 date.                                                         
                                                                               
                 Laura Glaiser, Special  Assistant, Office  of                 
                 the Lieutenant Governor, spoke in support  of                 
                 SB 303.  Discussion was held between Senators                 
                 Kelly,  Sharp  and Co-chair  Pearce regarding                 
                 federal law and other concerns.   Amendment 1                 
                 FAILED to be  adopted.   SB 303 was  REPORTED                 
                 OUT    of    committee     with    individual                 
                 recommendations,  zero  fiscal notes  for the                 
                 Department of Education and the Department of                 
                 Revenue, and fiscal notes  for the Department                 
                 of Public  Safety - $90.9, Lt. Gov. Elections                 
                 -  $23.0,  Department   of  Health  &  Social                 
                 Services (M.H.  Admin.)-$10.7, Department  of                 
                 Health   &   Social    Services   (WIC)-$4.4,                 
                 Department  of  Health   &  Social   Services                 
                                                                               
                                                                               
                 (Pub.Assist.)-$10.4,   and   Department    of                 
                 Commerce & Regional Affairs-$10.0.                            
                                                                               
  SENATE BILL NO. 303:                                                         
                                                                               
       An   Act   relating   to   voter   eligibility,   voter                 
       registration,  and  voter  registration  agencies;  and                 
       providing for an effective date.                                        
                                                                               
  Co-chair  Pearce  announced  that  SB  303  was  before  the                 
  committee and  invited  Laura  Glaiser,  Special  Assistant,                 
  Office  of  the   Lieutenant  Governor,  to  speak   to  the                 
  committee.                                                                   
                                                                               
  LAURA GLAISER  said that  SB 303  was drafted  to bring  the                 
  state into compliance with  the National Voter  Registration                 
  Act of  1993.   The main  significance of  the bill  was the                 
  designation of  the Division  of Motor Vehicles  as a  voter                 
  registration  agency.    It  also  included  those Divisions                 
  within Health &  Social Services that administer  WIC, ADFC,                 
  Medicaid,  and  Food Stamp  programs  as voter  registration                 
  agencies.    As well  as  those state  funded  agencies that                 
  primarily provide  services  with  disabilities,  all  armed                 
  services  recruitment  offices  in  Alaska  would   also  be                 
  designated   as   voter   registration    agencies.      The                 
  administration  also  had  decided to  add  the  Division of                 
  Municipal and Regional Assistance, Department of Community &                 
                                                                               
                                                                               
  Regional Affairs, as well, because  members of that Division                 
  travel  to  the  bush  areas  and  could  provide  bilingual                 
  assistance with voter  registration.  The Director  may also                 
  designate   other  state   and   local  agencies   as  voter                 
  registration agencies.                                                       
                                                                               
  Ms. Glaiser went on to say that being  designated as a voter                 
  registration  agency  meant  the agency  would  assist voter                 
  applicants in  filling out  voter registration  forms.   The                 
  form would be  offered to everyone (not just when requested)                 
  and the person could choose to fill it out or not.  If  they                 
  decided not to fill it out, they would be required to sign a                 
  declination form so  that the agency  had a record of  their                 
  refusal to register.                                                         
                                                                               
  Ms.  Glaiser  went on  to  say  that SB  303  made technical                 
  changes  to  the  election  laws  to  bring  the state  into                 
  compliance  with  the  Voter  Registration  Act.   One  item                 
  changed  was  that  all  witnessing  requirements  would  be                 
  removed from voter registration forms.  In answer to Senator                 
  Kelly,  Ms. Glaiser said  that federal  law did  not require                 
  witnessing  or  formal  notarization  on voter  registration                 
  forms.                                                                       
                                                                               
  In addition, the system by which voters were purged from the                 
  voter registration rolls had been changed.  A voter remained                 
  on the  master list  two years  longer than  presently.   It                 
  would not effect the  precinct list.  In addition,  it named                 
  the Director of Elections responsible for state coordination                 
  and reporting requirements under the federal act.                            
                                                                               
  Currently, if  a person  were convicted  of  a felony  moral                 
  turpitude under  federal law,  but resided  in the  state of                 
  Alaska, he/she could  still register  and vote  at the  last                 
  known residence on an absentee ballot.   One other change to                 
  state law,  in compliance  with this federal  act, was  that                 
  federal felonies would  be reported to the state Division of                 
  Elections and the felon  would not be allowed to  vote until                 
  that felony had been cleared.                                                
                                                                               
  Co-chair  Pearce announced that Juanita Hensley, Division of                 
  Motor Vehicles, Dept.  of Public  Safety, and Curtis  Lomas,                 
  Program  Officer,  ADFC program,  Dept.  of Health  & Social                 
  Services,  were  in  the audience  and  available  to answer                 
  questions in regard to SB 303.                                               
                                                                               
  In answer to Senator  Kelly, Ms. Glaiser said that  a person                 
  applying for driver's  license could  refuse to register  to                 
  vote.  The  forms would  be printed so  the applicant  would                 
  simultaneously  fill  out  similar information.    If he/she                 
  chose not to sign the voter registration section, that would                 
  be  considered  a declination.    There would  be  no formal                 
  declination  at  the  Department  of  Motor Vehicles.    Ms.                 
  Glaiser said  there would  be training  sessions similar  to                 
                                                                               
                                                                               
  registrar training on what can be said to the applicant, and                 
  how to assist the applicant.                                                 
                                                                               
  In answer to Senator Sharp, Ms. Glaiser said the state would                 
  not require  witness signatures on voter  registration forms                 
  but would retain the registrar program.  The state would not                 
  make the registration agency employees voter registrars.  In                 
  answer  to  Senator Sharp,  Ms.  Glaiser agreed  that anyone                 
  could  gather  signatures  for  voter  registration and  the                 
  election official would not know who had filled them out.                    
                                                                               
  Ms. Glaiser said that amendment 1 would change the way names                 
  were placed on the ballot.  She explained that the state had                 
  one of the  most complex systems  of ballot rotation in  the                 
  country.  Many  states were doing away  with ballot rotation                 
  as a cost saving  measure because it is believed  voters did                 
  not vote  for candidates because  of their placement  on the                 
  ballot.  She proposed that letters  of the alphabet would be                 
  drawn by the Director of Elections, names would be placed on                 
  the  ballot  accordingly, and  the  names would  not rotate.                 
  Sample ballots could be printed and  then used in the voting                 
  booth as a reference since the  names would stay in the same                 
  order.    Senator  Kerttula voiced  his  opposition  to this                 
  amendment.   In answer to  Co-chair Frank, Ms.  Glaiser said                 
  that the ballot rotation was not  part of the National Voter                 
  Registration Act.  She also informed the committee  that the                 
  National  Voter  Registration  Act  was  a  federal  mandate                 
  without federal funding.  The state would have the threat of                 
  a  lawsuit  if it  did not  come  in compliance  and because                 
  Alaska was a  Voting Rights Act  state, all party rules  and                 
  state election laws  pass through the Department  of Justice                 
  which would flag this issue.                                                 
                                                                               
  In  answer  to Co-chair  Pearce, Ms.  Glaiser said  that the                 
  Division estimated a savings of  approximately $189,000 with                 
  the addition of amendment 1.   If the Republican rule stayed                 
  in effect, and  there was a  separate ballot, it would  save                 
  $267,000  every  election  cycle.    Ms. Glaiser  said  that                 
  Washington, Oregon and California have noticed no complaints                 
  or difference for candidates when ballot rotation was used.                  
                                                                               
  Co-chair  Frank  MOVED   amendment  1.    Senator   Kerttula                 
  OBJECTED.  Co-chair Pearce called for a show of hands on the                 
  adoption of amendment 1, and the  motion FAILED on a 2 to  3                 
  vote.  (Co-chairs  Pearce and Frank were in  favor, Senators                 
  Sharp,  Kerttula and Kelly were  opposed.  Senator Jacko was                 
  absent from the meeting at the time the vote was taken).                     
                                                                               
  Senator Kelly asked  what part  of SB 303  was not  mandated                 
  under  federal law.    Ms. Glaiser  said  the only  addition                 
  outside of  federal requirements  was the  inclusion of  the                 
  Community & Regional Affairs as a voter registration agency.                 
  She  reiterated  that  this  agency  was  added  because  it                 
  contacted the bush  and could provide bilingual  service for                 
                                                                               
                                                                               
  voter registration.  The  federal government mandated  voter                 
  registration forms had to be bilingual if a large population                 
  used another language but since parts  of Alaska had so many                 
  oral and  dialect changes, the  administration thought  that                 
  the Department of Community & Regional Affairs could address                 
  that situation.                                                              
                                                                               
  Senator Sharp  MOVED for passage  of SB  303 from  committee                 
  with individual recommendations.  Senator Kerttula OBJECTED.                 
  Co-chair Pearce  asked for  a show  of hands.    SB 303  was                 
  REPORTED OUT of  committee with a "no  recommendation," zero                 
  fiscal notes for the Department  of Education, Department of                 
  Revenue,  and  fiscal  notes for  the  Department  of Public                 
  Safety-$90.9, Elections-$23.0, Department of Health & Social                 
  Services-M.H. Admin. $10.7,  WIC-$4.4, Pub.Assist. $10.4 and                 
  the Department of  Community & Regional Affairs-$10.0.   Co-                 
  chair  Pearce  signed a  reluctant  "do pass,"  and Co-chair                 
  Frank, Senators  Sharp, Kelly, Rieger,  Jacko, and  Kerttula                 
  signed "no recommendation."                                                  
                                                                               

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