Legislature(1997 - 1998)

05/07/1998 09:09 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL 257                                                               
                                                                               
     "An  Act relating  to elections,  to election  officials                  
     and  election workers,  to  voter  registration, and  to                  
     candidates   for   election;   and  providing   for   an                  
     effective date."                                                          
                                                                               
Co-chair  Sharp  provided  history  of  the  bill,  including                  
changes  made to meet  federal guidelines  on purging  voting                  
lists.                                                                         
                                                                               
GAIL  FENUMIAI, DIRECTOR,  DIVISION OF  ELECTIONS, OFFICE  OF                  
THE GOVERNOR,  provided an overview  of the House  version of                  
the  legislation.  She reported  that  Sections  1 through  4                  
dealt  with maintenance  procedures  for  voter lists,  which                  
the Senate  Finance Committee  had heard  and passed  earlier                  
in  the session.  The provision  would bring  the state  into                  
compliance with  federal law and would eventually  reduce the                  
size  of  Alaska's voter  lists  as  well  as get  them  more                  
accurate.  She noted  that  the  division was  not  currently                  
able to  remove people from  the list  unless asked to  do so                  
by  the  voter;  the  division  had  to  follow  the  precise                  
details outlined  in the federal National  Voter Registration                  
Act.                                                                           
                                                                               
Ms. Fenumiai  continued  that Sections  5 and  8 of the  bill                  
would  provide   authority  for   the  division   to  conduct                  
elections   using   optical    scanning   ballot   tabulation                  
equipment,  the new system  the state  would purchase  in the                  
current year. The  division would then have  authority to use                  
the equipment and  should thereby avoid legal  challenges for                  
using it.                                                                      
                                                                               
Ms.  Fenumiai  turned to  Section  6  of HB  257,  addressing                  
absentee  voting  by  personal  representative.  The  process                  
would   streamline    the   absentee    vote   by    personal                  
representative,    making   it    easier    for   both    the                  
representative and  the voter. It would also  add safeguards;                  
the  personal  representative   would  be  required  to  show                  
identification  and sign  a register  when using  it for  the                  
first time.                                                                    
                                                                               
Co-chair Sharp  queried the  process. Ms. Fenumiai  clarified                  
that before the  representative would be issued  a ballot for                  
the first  time they  would have  to show identification  and                  
sign a register.                                                               
                                                                               
Ms. Fenumiai  noted  that Section  7 of the  bill would  deal                  
with  absentee   voting  by   facsimile;  the  division   was                  
proposing to  extend the application  deadline to 5  p.m. the                  
day before  the election.  Currently,  the deadline was  four                  
days before  the election;  after implementing that  deadline                  
into statute, the  division had found there  were many people                  
who  were not  able  to  participate because  of  extenuating                  
circumstances.  The division  felt the  measure would  better                  
serve the needs of the voters.                                                 
                                                                               
Senator  Torgerson asked  how  municipal  elections would  be                  
affected  by  the facsimile  section.  Ms.  Fenumiai  replied                  
that  local  municipal  ordinance   would  determine  whether                  
voting by facsimile was allowed.                                               
                                                                               
Ms.  Fenumiai explained  that Sections  9 through  12 of  the                  
bill would  make technical changes  to the official  election                  
pamphlet.  Section 13  would add  federal  language from  the                  
Balanced  Budget  Act  of 1997,  which  would  eliminate  the                  
state's requirement  to pay  unemployment taxes for  election                  
workers  who  made less  than  $1,000  in one  calendar  year                  
(approximately  2,500   workers);  there  would   be  a  cost                  
savings  of  $10,000  to the  division  every  election  year                  
(reflected in the fiscal note).                                                
                                                                               
Ms.  Fenumiai added  that  the fiscal  note  attached to  the                  
bill was strictly for the list maintenance procedures.                         
                                                                               
Co-chair Sharp  asked whether  the division was  expecting to                  
have  the  electronic   voting  devices  available   for  the                  
primary and  general elections.  Ms. Fenumiai responded  that                  
the devices would be available for both elections.                             
                                                                               
Co-chair Sharp asked  whether the devices were  the ones that                  
had  been  on  display  on the  second  floor.  Ms.  Fenumiai                  
responded in the affirmative.                                                  
                                                                               
Co-chair  Sharp   noted  that  completing  the   item  was  a                  
priority for the lieutenant governor.                                          
                                                                               
Senator  Torgerson  MOVED  to   ADOPT  Work  Draft  SCS  CSHB
257(FIN)  (Version "R"  dated 5/6/98)  as a working  document                  
before the  committee. There  being no  objection, it  was so                  
ordered.                                                                       
                                                                               
JIM BALDWIN,  OFFICE OF THE  ATTORNEY GENERAL,  DEPARTMENT OF                  
LAW, spoke  to the  CS. He  thought there  were two  sections                  
that  needed  to  be addressed  on  the  record  because  the                  
department expected  litigation. He stated that  the CS could                  
prevent litigation in the next election cycle.                                 
                                                                               
Mr. Baldwin  detailed  that Sections  14 and  15 of the  bill                  
would  retroactively forgive  failure to  file a  legislative                  
financial  disclosure   (LFD),  a   filing  required   for  a                  
candidate  for office. Section  16 would  have the  effect of                  
excusing the  failure to file  by an incumbent  candidate. He                  
referred to  a situation  in which a  filing was not  made by                  
April 15  (as required by  law); it was  made six  days late.                  
Section 16  would make a retroactive  change in the  law that                  
would  apply to  the particular  candidate,  make the  filing                  
timely,  and  remove  any necessity  for  the  Alaska  Public                  
Offices Commission  (APOC) from  going forward and  acting on                  
the late filing.                                                               
                                                                               
SENATOR   MIKE  MILLER   reported  that   the  CS  had   been                  
introduced  at his request  to provide  clear intent  for the                  
record.  Currently,  the  deadline  for  filing  conflict  of                  
interest  statements was  April  15. The  section would  move                  
the  date   back  one   month;  the   conflict  of   interest                  
statements would  have to be filed  on March 15.  There would                  
be a grace  period of up to  30 days after March 15  as well,                  
which  was not  allowed  under current  law.  The intent  was                  
that APOC  would immediately realize  when someone  failed to                  
file  and would  notify the  individual right  away that  the                  
form was  not on file. The  individual would then  have until                  
April 15  to file  the form.  Currently, the  form had  to be                  
filed by April  15; the new section would provide  an earlier                  
filing date  and a  grace period  if there  was a failure  to                  
file. He  stressed that  the net  effect was that  everything                  
still had  to be  filed by April  15 under  both the  old and                  
new laws.                                                                      
                                                                               
Senator  Miller  reported  that  he  sat  on  the  Conference                  
Committee that had  drafted the piece of legislation  when it                  
became law in 1992.  He stated that it was not  the intent of                  
the  Conference  Committee  that  there  would  be  the  same                  
penalty for  willful failure  to file as  there was  for late                  
filing.  The current  law  stipulated  the same  penalty  for                  
refusal to  file as late filing,  which was an  oversight. He                  
believed  that someone  could  file a  blank statement,  with                  
only  their name,  and  comply with  the  current law,  while                  
someone filing on  April 16 with a full statement  suffered a                  
drastic penalty.  He added that Section 15  was a retroactive                  
clause for the current year.                                                   
                                                                               
Senator  Phillips asked  whether  the lists  would be  purged                  
for the  current year  under the  bill. Ms. Fenumiai  replied                  
that the division  would not be able to start  working on the                  
list until January 1999.                                                       
                                                                               
Senator  Pearce MOVED  to  REPORT SCS  CSHB  257(FIN) out  of                  
committee  with individual recommendations  and the  attached                  
fiscal note.                                                                   
                                                                               
Co-chair Sharp  pointed out  that the  fiscal note  was about                  
the same  for the  Division of Elections  as the  fiscal note                  
seen previously.                                                               
                                                                               
There being no objection, it was so ordered.                                   
                                                                               
SCS CSHB  257(FIN) was REPORTED  out of committee with  a "do                  
pass" recommendation  and attached fiscal note  by the Office                  
of the Governor.                                                               
                                                                               

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