Legislature(2001 - 2002)

05/04/2001 07:17 PM FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
     SENATE CS FOR CS FOR HOUSE BILL NO. 193(JUD)                                                                               
     "An Act relating to the primary election and to the nomination                                                             
     of candidates for the general election; and providing for an                                                               
     effective date."                                                                                                           
This was  the second  hearing for  this bill in  the Senate  Finance                                                            
Amendment #1:  This amendment inserts a new bill section  on page 1,                                                            
following line 3, to read as follows.                                                                                           
     Section 1. AS 15.13.110(f)(2) is amended to read:                                                                          
                     (2) a person who has filed a nominating                                                                    
          petition under AS 15.25.140 - 15.25.200 to become a                                                                   
          candidate at the general [PRIMARY] election for elective                                                            
          state executive or legislative office;                                                                                
Senator Hoffman moved for adoption.                                                                                             
Co-Chair Kelly objected for discussion.                                                                                         
GAIL FENUMIAI,  Election Program Specialist, Division  of Elections,                                                            
Office of the  Lieutenant Governor, testified the  legislation makes                                                            
changes  related to  the filing  of reports  and  the nomination  of                                                            
candidates.  She explained  the amendment  replaces language  in the                                                            
statutes governing  the Alaskan Public Offices Commission  (APOC) to                                                            
conform to the legislation.                                                                                                     
SFC 01 # 96, Side B 08:17 PM                                                                                                    
Co-Chair Donley  asked if a similar  amendment would be required  to                                                            
align APOC statutes with  the House Finance Committee version of the                                                            
bill, should the Senate Finance Committee adopt this version.                                                                   
Ms. Fenumiai responded  the issue was not brought  to the Division's                                                            
attention  until   after  the  bill  passed  the  Senate   Judiciary                                                            
Committee.   Therefore,  she  said   such  an  amendment   would  be                                                            
AT EASE 8:17 PM / 8:18 PM                                                                                                       
Senator Hoffman  WITHDREW his motion to adopt the  amendment without                                                            
Co-Chair Donley  moved to adopt CS HB 193 (FIN) as  a working draft.                                                            
There was no objection and the committee substitute was ADOPTED.                                                                
Senator Hoffman re-offered his motion to adopt Amendment #1.                                                                    
The amendment was ADOPTED without objection.                                                                                    
Ms.  Fenumiai brought  to  the Committee's  attention  a  difference                                                            
between  the Senate  Judiciary committee  substitute  and the  House                                                            
Finance committee  substitute that the Senate Finance  Committee may                                                            
wish to address. She identified  this as the language governing "no-                                                            
party" candidates  in Section  5 and  6 on page  3, line 17  through                                                            
page 5, line  2, of the Senate Judiciary  committee substitute.  She                                                            
relayed  that the House  Judiciary Committee  determined that  these                                                            
candidates  do not need to  appear on the  primary election  ballots                                                            
since they do  not represent a political party. She  stated that the                                                            
Senate Judiciary  Committee  had concerns  that these candidates  do                                                            
not  have to  file  any paperwork  until  the  date of  the  primary                                                            
election.  As  a  result,   she  explained,  the  Senate   Judiciary                                                            
Committee   changed  the  legislation   to  provide  that   no-party                                                            
candidates must  file a declaration of candidacy on  June 1 but that                                                            
they did not have to submit  the necessary petition signatures until                                                            
the primary election day.                                                                                                       
Co-Chair  Donley  asked  if  the  Senate  Judiciary  Committee  also                                                            
addressed language on page  4, line 31 of that committee's committee                                                            
Ms. Fenumiai  replied these changes  were made in the House  Finance                                                            
Ms. Fenumiai elaborated  on Sections 5 and 6 of the Senate Judiciary                                                            
committee   substitute.  She  relayed   that  the  House   Judiciary                                                            
Committee had amended the  bill to change the filing deadline of no-                                                            
party candidates  from the date of  the primary election  to June 1.                                                            
However, she informed,  court decisions found that a filing deadline                                                            
of June  1 for a candidate  that does not  appear on a ballot  until                                                            
the general election, was  too long of a time frame. She told of the                                                            
concerns of the Senate  Judiciary Committee that no-party candidates                                                            
are  not required  to  submit  APOC disclosures  until  the  primary                                                            
election,  which   resulted  in  an  unequal  "playing   field".  In                                                            
response, she  reiterated, that Committee decided  to adopt the June                                                            
1  filing deadline  and  set  the  deadline for  the  submission  of                                                            
signatures at  the date of the primary election. Under  this method,                                                            
she explained,  the no-party candidates would be required  to follow                                                            
the APOC guidelines in  the same manner as candidates of a political                                                            
Senator Ward asked  if statutes precluded a no-party  candidate from                                                            
filing for one public office  on June 1 then changing that filing to                                                            
a different public office.                                                                                                      
Ms. Fenumiai answered that  statutes stipulate a candidate could not                                                            
run for more than one office simultaneously.                                                                                    
Senator Ward asked if "filing  for office" is considered the same as                                                            
"running for office".                                                                                                           
Ms. Fenumiai responded  that declaration of candidacy  forms contain                                                            
an  oath stipulating  that  the candidate  has  not  filed for  that                                                            
office under  any other  petition or declaration  of candidacy,  nor                                                            
has that candidate  filed for any  other office in the election  for                                                            
which they  seek an office.  These forms,  she explained, state  the                                                            
candidates  intent to run  for a specific  public office. She  added                                                            
that this provision is in current statute.                                                                                      
Senator Ward asked if a  petition of candidacy precludes a candidate                                                            
from running for any other public office.                                                                                       
Ms. Fenumiai affirmed.                                                                                                          
Amendment #2:  This amendment replaces Section 5 of  CS HB 193 (FIN)                                                            
with the language of Section  5 of SCS CS HB 193 (JUD). The language                                                            
reads as follows.                                                                                                               
          Sec. 15.25.150. Date of filing petition. A candidate                                                                
     seeking  nomination by  petition shall  submit the information                                                           
     required  under AS 15.25.180  (a)(1)-(8)  and (11)-(17)  to the                                                          
     director in the time  and manner specified in AS 15.25.040. The                                                          
     full petition with  voter signatures shall be [THE PETITION IS]                                                          
     filed with  the director by actual physical delivery  in person                                                            
     at  or before 5:00  p.m., prevailing  time, on  the day  of the                                                            
     primary  election  [JUNE  1] in  the year  in which  a  general                                                            
     election  is  held  for  the  office,  or  by  actual  physical                                                            
     delivery  to  the  director by  registered  or  certified  mail                                                            
     return  receipts requested  which  is postmarked  at or  before                                                            
     5:00 p.m., prevailing  time, on the day of the primary election                                                          
     [JUNE  1] in the year in which  a general election is  held for                                                            
     the  office, and  received  not more  than 15  days after  that                                                            
     time. If  the postmark is illegible, a dated  receipts from the                                                            
     post office  where dispatched  shall be acceptable as  evidence                                                            
     of mailing.  [IF JUNE 1 IS A  SUNDAY OF HOLIDAY, THE  DEADLINES                                                            
     FOR POSTMARKING  AND RECEIPT OF THE PETITION  SHALL BE EXTENDED                                                            
     24 HOURS IN EACH INSTANCE.]                                                                                                
     New Text Underlined [DELETED TEXT BRACKETED]                                                                               
Co-Chair Donley moved for adoption.                                                                                             
Without objection, the amendment was ADOPTED.                                                                                   
Co-Chair Donley inquired about the fiscal note.                                                                                 
Ms.  Fenumiai informed  that  the amount  indicated  on the  current                                                            
fiscal note would not change.                                                                                                   
Co-Chair Donley offered a motion to move CS SB 193 (FIN), as                                                                    
amended, from Committee with $5,200 fiscal note from the Division                                                               
of Elections, Office of the Lieutenant Governor.                                                                                
The bill MOVED from Committee without objection.                                                                                

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