Legislature(2001 - 2002)
05/04/2001 07:17 PM FIN
* first hearing in first committee of referral
= bill was previously heard/scheduled
= 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 Committee. 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 necessary. AT EASE 8:17 PM / 8:18 PM Senator Hoffman WITHDREW his motion to adopt the amendment without objection. 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 substitute. Ms. Fenumiai replied these changes were made in the House Finance Committee. 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 party. 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.