Legislature(1999 - 2000)
04/03/2000 09:05 AM Senate FIN
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE JOINT RESOLUTION NO. 40 Proposing amendments to the Constitution of the State of Alaska providing that the governor, United States senators, United States representative, and electors of the President and Vice-President of the United States be elected by a majority vote. This was the first hearing for this bill in the Senate Finance Committee. SENATOR ROBIN TAYLOR expressed that in light of elections won by candidates, who received less than a majority of the votes, he believed the constitution should be amended to require a winning candidate to secure more than 50 percent of the votes. Senator Taylor stipulated that this amendment would result in a runoff election should a candidate receive less than 50 percent of the ballots cast. Senator Taylor stated that he supported the resolution, which he said was sponsored by the Senate Judiciary Committee at the request of the Senate Majority. Co-Chair Torgerson asked why the president and vice- president were included in this resolution. Senator Taylor replied that the president and vice- president are actually elected through the Electoral College and that the delegates themselves are elected. He asserted that the delegates should receive a majority of the votes as well rather than a plurality. Senator Phillips asked for clarification of the definition of "majority" in the resolution. Senator Taylor answered a majority is 50 percent plus one vote. He did not know if the definition was specifically described in state statute, but argued this is what majority means. Co-Chair Torgerson said he inquired on the definition of majority from Department of Law and was supplied with the same answer as listed in a Black's Law Dictionary and others. KATHLEEN STRASBAUGH, Assistant Attorney General, Governmental Affairs Section, Civil Division, Department of Law, brought three items to the Committee's attention. First, she stated was the definition of majority, which caused confusion among others besides members of the Committee. She suggested that the definition should be detailed in the constitution along with this amendment. The second issue Ms. Strasbaugh brought up was the language on page 1 line 16, through page 2, line 1 of the resolution stipulating that the legislature determines the procedure for arriving at a majority vote. She cautioned that this language could give the legislature more latitude than the resolution drafters intended. Ms. Strasbaugh continued with the third item concerning the delegates to the Electorate College. She referenced AS 15.30 that stipulates "a vote for the president is a vote for the elector." Article 5 Section 1 of the Alaska Constitution relates to the election of the president and the vice-president. She warned against enshrining the electorate in the constitution and then have the Electorate College extinguished, which she stressed, is a threatened possibility. She suggested leaving the existing language regarding the election of the president and vice president unchanged in the constitution. Senator Adams asked if this resolution is a constitutional amendment or a revision. Ms. Strasbaugh replied that the full implications of the outcome of Bess vs. Ulmer were not yet known and that this constitutional amendment litigation could change the resolution from an amendment to a proposed revision. She commented that this legislation looked simple but that it does propose changes to the state's electoral process, which might have other affects. Senator Adams wanted to get a legal opinion on whether this resolution is considered an amendment or a revision. He stressed that without an opinion, a "gray area" would exist regarding this issue. Co-Chair Torgerson commented that until the Supreme Court has ruled on the case, he thought it would not be possible to get a legal opinion. However, he requested the department try to prepare an opinion. Co-Chair Torgerson requested that Senator Taylor prepare answers to the questions posed by the department and he ordered the bill HELD in Committee.
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