Legislature(2005 - 2006)BUTROVICH 205

02/09/2005 08:30 AM Senate JUDICIARY


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Bills Previously Heard/Scheduled TELECONFERENCED
= SB 36 ABSENTEE BALLOTS
Moved CSSB 36(JUD) Out of Committee
= SJR 1 CONST. AM: APPROPRIATION LIMIT
Heard & Held
= SJR 4 CONST AM: BUDGET RESERVE FUND
Moved SJR 4 Out of Committee
               SB 36-ABSENTEE BALLOT APPLICATIONS                                                                           
                                                                                                                                
9:20:04 AM                                                                                                                    
CHAIR SEEKINS announced SB 36 to be up for discussion.                                                                          
                                                                                                                                
SENATOR THERRIAULT proposed a committee  substitute for SB 36. He                                                               
moved to use version \I as the working document.                                                                                
                                                                                                                                
CHAIR SEEKINS announced the motion carried with no objection.                                                                   
                                                                                                                                
SENATOR THERRIAULT explained the changes in version \I.                                                                         
     Page 1, line 4 inserts the words "in person".                                                                              
     Page 1, line 5 clarifies "under this section".                                                                             
     Page 3, lines 7-9                                                                                                          
          (4)  encourages  or  assists   in  a  violation  of  AS                                                               
          15.20.081  and   has  been  previously   convicted  for                                                               
          unlawful interference with voting  in the second degree                                                               
          under AS 15.56.035 (a) (5).                                                                                           
     Page 3, line 25                                                                                                            
          (5) encourages or assists in a violation of AS                                                                        
          15.20.081.                                                                                                            
                                                                                                                                
CHAIR SEEKINS asked for comments from the Division of Elections.                                                                
                                                                                                                                
MS.  LAURA GLAISER,  director, Division  of Elections,  supported                                                               
version \I.                                                                                                                     
                                                                                                                                
CHAIR SEEKINS announced the committee adopted version \I.                                                                       
                                                                                                                                
SENATOR HOLLIS  FRENCH asked  if removing  subsection (j)  is the                                                               
intent of the  committee - making it a crime  to violate any part                                                               
of the entire statute.                                                                                                          
                                                                                                                                
SENATOR THERRIAULT answered yes.                                                                                                
                                                                                                                                
SENATOR FRENCH said he wanted  to make sure any initial violation                                                               
of AS 15.20.081 was a class  A misdemeanor and a second violation                                                               
would be a felony.                                                                                                              
                                                                                                                                
CHAIR SEEKINS answered if it  is knowingly and willfully done, it                                                               
would be a violation.                                                                                                           
                                                                                                                                
SENATOR  FRENCH  voiced  concern  with how  a  judge  would  view                                                               
Section 3, subsection (j), paragraph  (2), and indicated there is                                                               
still  a  question  as  to  who can  be  penalized  for  carrying                                                               
absentee ballots.                                                                                                               
                                                                                                                                
MS.  GLAISER  replied that  the  Division  of Elections  receives                                                               
applications  through FedEx  Express  and DHL,  which is  another                                                               
form  of service.  The  sponsor's  intent was  to  make sure  the                                                               
information in the application was concealed.                                                                                   
                                                                                                                                
SENATOR  FRENCH  asked  if   the  information  was  appropriately                                                               
concealed,  what  difference  does   it  make  who  delivers  the                                                               
application.                                                                                                                    
                                                                                                                                
SENATOR  THERRIAULT commented  that  no party  has  any right  to                                                               
handle ballots. The  intent is to restrict  political groups from                                                               
ballot delivery.                                                                                                                
                                                                                                                                
CHAIR SEEKINS agreed.                                                                                                           
                                                                                                                                
SENATOR  THERRIAULT  moved  CSSB  36 (JUD)  out  with  individual                                                               
recommendations and a zero fiscal note.                                                                                         
                                                                                                                                
CHAIR SEEKINS heard no objection  and CSSB 36(JUD) was passed out                                                               
of committee.                                                                                                                   

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