Legislature(2011 - 2012)BELTZ 105 (TSBldg)

01/31/2011 01:30 PM Senate JUDICIARY


Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 31 COUNTING OF WRITE-IN VOTES TELECONFERENCED
Heard & Held
+= SB 33 DISPOSITION OF SERVICE MEMBERS' REMAINS TELECONFERENCED
Heard & Held
               SB  31-COUNTING OF WRITE-IN VOTES                                                                            
                                                                                                                                
1:49:54 PM                                                                                                                    
CHAIR FRENCH announced the consideration of SB 31 and asked for                                                                 
a motion to adopt the work draft committee substitute (CS).                                                                     
                                                                                                                                
SENATOR  WIELECHOWSKI  moved  to   adopt  CSSB  31,  labeled  27-                                                               
LS0350\E,  as the  working document.  There  being no  objection,                                                               
version E was before the committee.                                                                                             
                                                                                                                                
1:50:26 PM                                                                                                                    
SENATOR THOMAS, sponsor of SB 31,  said the bill looks to clarify                                                               
the  statutes  using  language   recommended  in  the  Miller  v.                                                               
Treadwell  Alaska Supreme  Court decision.  It explicitly  states                                                               
that  the director  of the  Division  of Elections  will use  the                                                               
determination  of the  voter's intent  as  the guiding  principle                                                               
when counting and  judging the validity of a  write-in ballot. SB
31 incorporates the concept that  Alaska courts have consistently                                                               
applied for 50 years favoring voter intent.                                                                                     
                                                                                                                                
The goal  of SB 31 is  twofold. First, it intends  to clarify the                                                               
statutory language  to ensure  that in  future elections  as many                                                               
Alaskans  are enfranchised  as possible.  Second,  it intends  to                                                               
tighten statutory language to be  inclusive rather than exclusive                                                               
and to  strengthen the public  perception of  Alaska's democratic                                                               
process.  This  bill  will  protect  the  fundamental  democratic                                                               
rights  of Alaskans  who  enter the  polling  booth with  diverse                                                               
backgrounds, abilities, and skills, he stated.                                                                                  
                                                                                                                                
1:52:09 PM                                                                                                                    
GRIER HOPKINS,  staff to Senator  Thomas, sponsor of SB  31, said                                                               
this  bill follows  on  the heels  of nearly  50  years of  court                                                               
precedent in  Alaska finding strongly  in favor of  voter intent.                                                               
Each  court   decision  used  strong  language   emphasizing  the                                                               
importance  of  voter  intent and  that  the  statutory  language                                                               
regarding  the subject  of write-in  votes is  murky and  open to                                                               
interpretation. SB  31 looks  to clarify  this by  using language                                                               
recommended  in  the Miller  v.  Treadwell  Alaska Supreme  Court                                                               
decision.  The  language  is  nearly  identical  to  the  Federal                                                               
Uniformed  and  Overseas  Citizens  Absentee Voting  Act  and  it                                                               
explicitly  says that  the  Division of  Elections  will use  the                                                               
determination of a  voter's intent as the  guiding principle when                                                               
interpreting  counting  and  judging  the  validity  of  write-in                                                               
ballots.                                                                                                                        
                                                                                                                                
The intent  of SB  31 is  twofold. First it  is to  clarify state                                                               
statute and  ensure that in  future election as many  Alaskans as                                                               
possible  are enfranchised.  This means  that a  ballot won't  be                                                               
thrown out  based on  a minor  error such  as an  abbreviation or                                                               
misspelling as long as the  director of the Division of Elections                                                               
is  able to  determine the  voter's intent.  But a  write-in like                                                               
"Lisa  M" still  will  not meet  the  voter intent  determination                                                               
because  it  doesn't appear  as  it  did  on the  declaration  of                                                               
candidacy, which is required under  AS 15.15.360(a)(11). The word                                                               
"appears"   came   under  scrutiny   by   the   courts  and   the                                                               
determination  was  that  if  the  Legislature  had  intended  to                                                               
require  a perfect  spelling  it would  have  used more  specific                                                               
terms like  "identical," "perfect,"  or "the same  as." According                                                               
to  the courts,  the word  "appears" is  meant to  show that  the                                                               
Legislature  left  some  latitude  in  terms  of  what  would  be                                                               
accepted  by the  division when  judging a  ballot. For  example,                                                               
spelling Murkowski with  a "c" rather than an "s"  would be close                                                               
enough to  the way  it appears on  the declaration  of candidacy,                                                               
but "Lisa M." would not qualify.                                                                                                
                                                                                                                                
The second reason for SB 31  is to tighten statutory language and                                                               
strengthen the public perception  of Alaska's democratic process.                                                               
Having clear,  concise statutory  language showing how  the votes                                                               
are determined will  help alleviate some of  the outcry regarding                                                               
the counting  of write-in  ballots and  reduce the  potential for                                                               
future litigation.  To date, the  State of Alaska has  spent over                                                               
$150,000 on this most recent court case.                                                                                        
                                                                                                                                
MR. HOPKINS  noted the bill  packet contains a letter  of support                                                               
from the Alaska Federation of  Natives and a sample brochure from                                                               
the  Disability   Law  Center  of  Alaska.   These  organizations                                                               
represent  a substantial  number  of Alaska  voters  who will  be                                                               
directly assisted  by SB 31.  Both support  voter enfranchisement                                                               
with voter intent being paramount.                                                                                              
                                                                                                                                
The  inclusive  rather than  exclusive  language  in SB  31  will                                                               
protect the fundamental democratic  voting rights of Alaskans who                                                               
enter the polling booth with a variety of backgrounds.                                                                          
                                                                                                                                
1:55:52 PM                                                                                                                    
CHAIR  FRENCH  asked  if  he  or  Ms.  Smith  would  discuss  the                                                               
differences  between the  current version  E and  version I  that                                                               
passed from the State Affairs Committee.                                                                                        
                                                                                                                                
1:56:31 PM                                                                                                                    
CINDY  SMITH,  staff  to  Senator   French,  explained  that  the                                                               
previous  version raised  concerns  about combining  in the  same                                                               
subsection  duties  that  are specific  to  election  boards  and                                                               
duties  that  are  specific  to the  director  of  elections.  To                                                               
address  this  concern,  paragraphs  9-13 were  removed  from  AS                                                               
15.15.360(a) and  placed in  a new subsection  (d) in  version E.                                                               
This leaves the original statutory language unchanged.                                                                          
                                                                                                                                
1:57:46 PM                                                                                                                    
CHAIR FRENCH  said he would  expect to  see the language  that is                                                               
disappearing to be  capitalized to signal that  it's leaving that                                                               
part of the statute. He asked if he's missing something.                                                                        
                                                                                                                                
MS. SMITH deferred to the legislative drafter.                                                                                  
                                                                                                                                
CHAIR FRENCH  asked if  the Division of  Elections is  happy with                                                               
version E.                                                                                                                      
                                                                                                                                
MS.  SMITH said  yes;  the  division and  the  Department of  Law                                                               
raised this issue and both have reviewed this version.                                                                          
                                                                                                                                
CHAIR FRENCH opened public testimony.                                                                                           
                                                                                                                                
2:00:26 PM                                                                                                                    
MARILYN  RUSSELL, President,  League of  Women Voters  of Alaska,                                                               
stated support  for SB  31. This bill  ensures that  the greatest                                                               
number  of voters  will be  enfranchised to  the greatest  extent                                                               
possible.  SB  31  provides more  flexibility  and  respects  the                                                               
voter's intent.                                                                                                                 
                                                                                                                                
2:01:28 PM                                                                                                                    
JERRY MCCUTCHEON,  representing himself, stated  that legislators                                                               
should read the Alaska Constitution  Article III, Section 16, and                                                               
Article IV, Section 1, to  confirm that the Alaska Legislature is                                                               
the all-powerful legislature  of the 50 states and  that both the                                                               
executive  and judiciary  are  dependent upon  it  for power.  He                                                               
cautioned  legislators  to  think carefully  before  giving  away                                                               
their authority.                                                                                                                
                                                                                                                                
2:05:57 PM                                                                                                                    
SARAH  FELIX,  Attorney IV,  Civil  Division,  Department of  Law                                                               
(DOL) and Gail Fenumiai, Director,  Division of Elections, Office                                                               
of the Lieutenant Governor, introduced  themselves and offered to                                                               
answer questions.  Ms. Felix said  that they had worked  with the                                                               
drafter and  the current  version E  addresses the  concerns that                                                               
they had with the previous version I.                                                                                           
                                                                                                                                
CHAIR  FRENCH noted  that his  staff pointed  out that  Sec.3. on                                                               
page 2, line 28, repeals the  earlier sections he puzzled over so                                                               
from that perspective the bill is in good form.                                                                                 
                                                                                                                                
2:07:23 PM                                                                                                                    
SENATOR  COGHILL asked  for help  interpreting  the phrase,  "the                                                               
director determines,  on the  basis of  other evidence,  that the                                                               
ballot was so marked for  the purpose of identifying the ballot;"                                                               
in subsection (d)(1) on page 1, lines 6-7.                                                                                      
                                                                                                                                
MS. FENUMIAI replied that is existing statute.                                                                                  
                                                                                                                                
CHAIR FRENCH asked her to explain how it would work in practice.                                                                
                                                                                                                                
MS. FENUMIAI explained that what  happened during the recent vote                                                               
count is that on about 20 ballots  a voter wrote in the name "Joe                                                               
Miller" and also voted for  "Joe Miller" the candidate whose name                                                               
was  pre-printed on  the  ballot.  The way  the  phrase would  be                                                               
applied is  that Joe  Miller would  receive one  vote on  each of                                                               
those ballots.                                                                                                                  
                                                                                                                                
CHAIR FRENCH  observed that the  phrase, "that the ballot  was so                                                               
marked for  the purpose of  identifying the ballot;"  is illusive                                                               
and he'd appreciate further explanation.                                                                                        
                                                                                                                                
MS. FELIX replied a voter might  write their name on a ballot and                                                               
other statutes  that are not  set out  in this bill  prohibit the                                                               
division from counting ballots that have an identifying mark.                                                                   
                                                                                                                                
CHAIR FRENCH  summarized that if  the ballot  is marked in  a way                                                               
that it  would identify the voter  who cast the ballot,  it would                                                               
not be counted.                                                                                                                 
                                                                                                                                
MS. FELIX and Ms. Fenumiai both agreed.                                                                                         
                                                                                                                                
SENATOR COGHILL  said he appreciates  the explanation  because he                                                               
was trying  to figure  out if, for  example, marking  outside the                                                               
oval is voter intent.                                                                                                           
                                                                                                                                
MS. FELIX asked for further clarification of the question.                                                                      
                                                                                                                                
2:11:26 PM                                                                                                                    
SENATOR  COGHILL said  he was  thinking  that if  the marking  is                                                               
outside  the  oval  the  ballot  would  go  into  the  hand-count                                                               
category and at that point he  presumes that the marking would be                                                               
seen as voter intent.                                                                                                           
                                                                                                                                
MS.  FELIX replied  there's another  statute that  says that  the                                                               
marking has to touch the oval in order to be counted.                                                                           
                                                                                                                                
CHAIR FRENCH clarified  that this discussion is  about filling in                                                               
the oval.                                                                                                                       
                                                                                                                                
MS. FELIX  agreed and  added that  the mark could  be just  a dot                                                               
within the oval.                                                                                                                
                                                                                                                                
CHAIR FRENCH remarked that's enough to get started.                                                                             
                                                                                                                                
MS. FELIX said she thought  that Senator Coghill was asking about                                                               
a mark that is entirely outside the oval.                                                                                       
                                                                                                                                
SENATOR COGHILL said  he understands that if a voter  writes in a                                                               
first name  and middle  initial the  ballot wouldn't  be counted.                                                               
But  he was  thinking that  "other  evidence" might  be that  the                                                               
voter  also filled  in an  oval next  to it  and that  that could                                                               
somehow  be counted  as  intent. He  added  that his  overarching                                                               
concern is voter intent and because  this is a new subsection, he                                                               
believes that every word is worth scrutiny.                                                                                     
                                                                                                                                
CHAIR FRENCH  questioned what interest is  furthered in requiring                                                               
a  voter to  fill in  the  oval after  they've clearly  expressed                                                               
intent by properly writing in a write-in candidate's name.                                                                      
                                                                                                                                
MS. FELIX replied  the Division of Elections  is simply following                                                               
a statute that requires the voter to fill in the oval.                                                                          
                                                                                                                                
CHAIR FRENCH  asked Ms.  Fenumiai what  alerts the  division that                                                               
ballots have  been cast for  a write-in candidate, absent  a mark                                                               
in the oval.                                                                                                                    
                                                                                                                                
MS. FENUMIAI  replied a ballot  that doesn't  have a mark  in the                                                               
oval would  count as  a blank  vote; it would  not appear  in the                                                               
tally for  any candidate or  the write-in totals.  The difference                                                               
between  "times   counted"  and   "ballots  cast"   reveals  that                                                               
difference.  During the  recent U.S.  Senate race  and subsequent                                                               
court  cases, the  division did  not count  ballots that  did not                                                               
have the oval  filled in alongside the name that  was written in.                                                               
The Murkowski campaign challenged those  and the court ruled that                                                               
there must be a  mark in the oval because a  voter could start to                                                               
write in the name and then  change his/her mind. The process that                                                               
the division followed was also validated, she added.                                                                            
                                                                                                                                
2:14:31 PM                                                                                                                    
SENATOR  WIELECHOWSKI  asked  how   many  voters  in  the  recent                                                               
election wrote in the name and did not fill in the oval.                                                                        
                                                                                                                                
MS. FENUMIAI estimated that is was about 1,300 or 1,400.                                                                        
                                                                                                                                
CHAIR  FRENCH observed  that it's  an interesting  question since                                                               
it's possible to  see voter intent by the accurate  spelling of a                                                               
write-in name, but there is  the possibility that a voter changed                                                               
his/her mind and absent the filled  oval it's hard to bring it to                                                               
the   division's  attention.   He  further   observed  that   the                                                               
terminology "ballots cast" and "times  counted" is a bit abstract                                                               
for people outside the business.                                                                                                
                                                                                                                                
MS. FENUMIAI offered  to follow up because she  didn't recall the                                                               
exact language,  but one  signifies the  total number  of ballots                                                               
that went  through an AccuVote  voting machine in a  precinct and                                                               
the  other signifies  the  actual votes  that  were tallied.  The                                                               
difference between those is the number of blank votes cast.                                                                     
                                                                                                                                
CHAIR FRENCH asked  if he were to receive a  ballot and insert it                                                               
in the AccuVote machine without  making any sort of selection, if                                                               
it would be counted as a "ballot cast" but not "times counted."                                                                 
                                                                                                                                
MS. FENUMIAI said yes.                                                                                                          
                                                                                                                                
2:16:15 PM                                                                                                                    
SENATOR PASKVAN said  he has some concern with  subsection (b) on                                                               
page 2 as it relates to  the recent Alaska Supreme Court opinion.                                                               
The court said it relied  on long-standing principles in reaching                                                               
its decision  and it identified those  principles, including that                                                               
the  voter's  intent  shall  prevail  if  it  can  be  reasonably                                                               
ascertained. Then  the court clearly  said that common  sense and                                                               
reasonableness is  validated and  perfectionism as a  standard is                                                               
rejected. This serves to promote participatory democracy.                                                                       
                                                                                                                                
SENATOR PASKVAN cited  page 14 of the Miller  v. Treadwell Alaska                                                               
Supreme Court decision as follows:                                                                                              
     Common sense statutory interpretations by agencies do                                                                      
                              29                                                                                                
     not require  regulations.   … The  Division's statutory                                                                    
     interpretations  …  were common  sense  interpretations                                                                    
     and   were   not   required  to   be   promulgated   in                                                                    
     regulations.   …   A   requirement   that   each   such                                                                    
     interpretation be  preceded by rulemaking  would result                                                                    
                                                      31                                                                        
     in complete ossification of the regulatory state.                                                                          
                                                                                                                                
My  concern, Senator  Paskvan said,  is that  we stay  within the                                                               
common sense and reasonableness  standard and that subsection (b)                                                               
on  page 2,  which says,  "Write-in votes  that do  not meet  the                                                               
requirements  of this  section  may not  be individually  counted                                                               
under  this  section."  does   not  eliminate  the  long-standing                                                               
principles that  we've relied  on and  that it  doesn't eliminate                                                               
common sense and reasonableness.                                                                                                
                                                                                                                                
SENATOR PASKVAN said  he wants that on the record  so that in the                                                               
future somebody can't point and  say that the Legislature changed                                                               
the  common  sense  and  reasonableness  standard  so  the  long-                                                               
standing principles are out the window.                                                                                         
                                                                                                                                
2:19:07 PM                                                                                                                    
MS. FENUMIAI said  subsection (b) on page 2, is  referring to the                                                               
requirements of (a)(1) and (2) just  above, that it either has to                                                               
be  the highest  number  of votes  for that  race  or the  second                                                               
highest  within  a  certain   percentage.  [New  Sec.  15.15.365.                                                               
Counting of  write-in votes in  general election.] That  sets the                                                               
standard for  when the division  would have to  individually look                                                               
at the write-in votes.                                                                                                          
                                                                                                                                
SENATOR  PASKVAN responded  he wants  it on  the record  that the                                                               
intent of the Legislature is to  remain with the common sense and                                                               
reasonableness   standard  and   not   to  get   closer  to   the                                                               
perfectionist standard.  "I want to  make sure that  it's clearly                                                               
understood, when it  comes to your discretion  or future division                                                               
directors,   that   they  are   firmly   in   common  sense   and                                                               
reasonableness and we don't need  to create regulations to run an                                                               
election," he stated.                                                                                                           
                                                                                                                                
2:20:17 PM                                                                                                                    
MS.  FELIX  suggested  the  committee ask  Mr.  Bullard,  but  to                                                               
address  Senator  Paskvan's  concern   subsection  (b)  could  be                                                               
amended  to   say,  "Write-in   votes  that   do  not   meet  the                                                               
requirements  of (a)  of  this section  may  not be  individually                                                               
counted under this section."                                                                                                    
                                                                                                                                
CHAIR FRENCH said they'd consult the drafter.                                                                                   
                                                                                                                                
2:20:58 PM                                                                                                                    
SENATOR  COGHILL observed  that the  operative word  on [page  2]                                                               
line 11,  is "only" after which  it provides the bright  line for                                                               
when those  ballots would be counted.  There has to be  a reason,                                                               
he said.                                                                                                                        
                                                                                                                                
CHAIR FRENCH referenced lines 10-14 and  asked how you get to the                                                               
point that write-in ballots are counted.                                                                                        
                                                                                                                                
MS.  FENUMIAI  explained  that   if  after  election  night  it's                                                               
apparent that the  total number of aggregate  votes for write-ins                                                               
is  more than  for any  candidate whose  name is  printed on  the                                                               
ballot,  this alerts  the  division to  go  through the  write-in                                                               
votes to determine who those votes  are for. This was the process                                                               
that the division followed for the 2010 U.S. Senate race.                                                                       
                                                                                                                                
CHAIR FRENCH said you don't know  who the write-in votes are for,                                                               
but you've been alerted that there are a lot.                                                                                   
                                                                                                                                
MS. FENUMIAI  said yes;  when they're  counted by  the hand-count                                                               
precincts  or by  the AccuVote  voting machines  and touch-screen                                                               
machines at  the precincts  these go into  a generic  category of                                                               
write-in votes.                                                                                                                 
                                                                                                                                
2:22:59 PM                                                                                                                    
CHAIR FRENCH  referenced paragraph  (3) on  page 1,  lines 11-14,                                                               
and  recalled  that  this  particular  paragraph  got  a  lot  of                                                               
attention. The Miller campaign contended  that the phrase, "as it                                                               
appears  on the  write-in declaration…"  meant that  the write-in                                                               
name  had  to appear  exactly  as  it  appeared on  the  write-in                                                               
declaration. He asked if his recollection is correct.                                                                           
                                                                                                                                
MS. FELIX answered yes.                                                                                                         
                                                                                                                                
CHAIR FRENCH  described the sentence  as difficult and  said that                                                               
if there  had been any  though to modifying  it, this would  be a                                                               
good time.                                                                                                                      
                                                                                                                                
MS. FELIX  responded they moved  the "as it appears"  language so                                                               
it makes  more sense grammatically, but  the real fix is  the new                                                               
paragraph (5) on  page 2, lines 6-8. She said  that this standard                                                               
was adopted  from the  federal write-in  ballot and  they believe                                                               
that  it combined  with  the  grammatical change  to  the "as  it                                                               
appears"  language will  address  the concerns  that were  widely                                                               
reported in  the news  and litigated in  the Miller  v. Treadwell                                                               
cases.                                                                                                                          
                                                                                                                                
2:25:02 PM                                                                                                                    
CHAIR FRENCH agreed that the language is better.                                                                                
                                                                                                                                
SENATOR COGHILL  referenced page 2,  lines 6-8, of version  E and                                                               
said  he  can  understand  that   the  director  would  disregard                                                               
misspelling  or minor  variations  in  the form  of  a name,  but                                                               
disregarding  an abbreviation  raises  a flag.  He  asked for  an                                                               
explanation.                                                                                                                    
                                                                                                                                
MS. FELIX replied  this language mirrors federal  law for federal                                                               
write-in ballots  and is a standard  set out in many  other state                                                               
statutes. She said she can't  speak to the provision to disregard                                                               
abbreviations and isn't sure how that standard would apply.                                                                     
                                                                                                                                
MS. FENUMIAI said she assumes that  it would refer to a shortened                                                               
spelling of a name.                                                                                                             
                                                                                                                                
CHAIR  FRENCH asked  if  "L. Murkowski"  would  be considered  an                                                               
abbreviation.                                                                                                                   
                                                                                                                                
SENATOR COGHILL pointed  out that that example  includes the last                                                               
name.  Stating agreement  with Senator  Paskvan  that the  common                                                               
sense  approach  would  apply  to  this  paragraph,  he  said  he                                                               
believes  that  this  could  be   contentious.  He  expressed  an                                                               
interest in knowing  if in other jurisdictions this  law had been                                                               
either defended or defined.                                                                                                     
                                                                                                                                
CHAIR FRENCH asked Ms. Felix if  she's aware of any federal cases                                                               
on abbreviations.                                                                                                               
                                                                                                                                
MS. FELIX replied their research  focused on cases of misspelling                                                               
rather than abbreviations,  but the example of  "L. Murkowski" as                                                               
an abbreviation  is well  taken. The first  name initial  and the                                                               
last  name would  be  accepted, whereas  the  division would  not                                                               
accept  "Lisa M."  and the  courts validated  that approach,  she                                                               
said.                                                                                                                           
                                                                                                                                
2:28:33 PM                                                                                                                    
SENATOR  WIELECHOWSKI opined  that it's  not possible  to predict                                                               
all future challenges  to write-in cases and his intent  as a co-                                                               
prime sponsor  is to  clarify that voter  intent is  premium. "If                                                               
the  voter abbreviates  the name  or  accidentally misspells  the                                                               
name or there's another minor variation  in the name, but you can                                                               
glean  the  intent  of  the  voter,  then  that  vote  should  be                                                               
counted," he stated.                                                                                                            
                                                                                                                                
SENATOR  COGHILL  said  he  agrees  with  the  intent,  but  he's                                                               
watching  two  things.  First is  that  voter  responsibility  is                                                               
maintained  and second  is that  defining points  are established                                                               
for the standard.                                                                                                               
                                                                                                                                
2:30:16 PM                                                                                                                    
SENATOR PASKVAN asked if it would  help to insert on page 2, line                                                               
6, following "a write-in candidate"  the phrase "as it appears on                                                               
the write-in  declaration,". He continued  to say, "We  know that                                                               
the write-in declaration may be  different than what the voter is                                                               
writing in, but we're still following intent."                                                                                  
                                                                                                                                
MS.  FELIX cautioned  that inserting  that  language might  cause                                                               
confusion.                                                                                                                      
                                                                                                                                
SENATOR PASKVAN asked  if the standard would be  common sense and                                                               
reasonableness if the Legislature did nothing.                                                                                  
                                                                                                                                
MR. FELIX  replied the division  would follow the  Alaska Supreme                                                               
Court  decision  if nothing  is  done  by the  Legislature.  That                                                               
decision validated the  division's practice, which is  to apply a                                                               
common  sense  and   reasonableness  interpretation  to  write-in                                                               
ballots to effectuate voter intent.                                                                                             
                                                                                                                                
CHAIR FRENCH  said this is  a good time  to thank both  Ms. Felix                                                               
and  Ms.  Fenumiai   for  their  good  work   in  very  difficult                                                               
circumstances.  Describing  SB  31  as a  housekeeping  bill,  he                                                               
emphasized  that it  doesn't really  change anything.  Rather, it                                                               
institutionalizes in  statute that chapter  in Alaska  history so                                                               
there will perhaps be less drama in future write-in elections.                                                                  
                                                                                                                                
2:33:05 PM                                                                                                                    
SENATOR MCGUIRE suggested  the committee consider how  to make it                                                               
clear   that   the   director   has   discretion   to   disregard                                                               
abbreviations,  misspellings, and  other  minor  variations in  a                                                               
candidate's  name  when "as  it  appears"  occurs throughout  the                                                               
bill. [Senator McGuire  referenced the previous version  I in her                                                               
explanation.]                                                                                                                   
                                                                                                                                
2:36:32 PM                                                                                                                    
CHAIR FRENCH  called a point  of order. Paragraphs (11)  and (12)                                                               
are contained  in the  previous version  I; those  provisions are                                                               
contained in paragraphs (3) and (4) of the current version E.                                                                   
                                                                                                                                
SENATOR MCGUIRE  questioned why paragraphs  (3) and (4)  refer to                                                               
one standard for a governor  and lieutenant governor election and                                                               
a  different   standard  for  an  election   for  other  write-in                                                               
candidates.                                                                                                                     
                                                                                                                                
MS.  FELIX  replied  her  understanding  is  that  paragraph  (3)                                                               
addresses  a write-in  candidate  where one  name  is written  in                                                               
whereas  paragraph (4)  addresses a  write-in vote  for both  the                                                               
governor  and lieutenant  governor  so the  voter  would have  to                                                               
write in two names.                                                                                                             
                                                                                                                                
CHAIR  FRENCH  expressed surprise  that  a  write-in vote  for  a                                                               
candidate for governor  must contain both the  governor's and the                                                               
lieutenant governor's name.                                                                                                     
                                                                                                                                
MS. FELIX said that's the case.                                                                                                 
                                                                                                                                
SENATOR MCGUIRE  restated that paragraph  (5) would be  read into                                                               
the understanding of "as it appears" or "as they appear."                                                                       
                                                                                                                                
CHAIR  FRENCH  agreed that  paragraph  (5)  would apply  to  both                                                               
single candidates  and a  pair of  candidates in  the event  of a                                                               
write-in election for governor and lieutenant governor.                                                                         
                                                                                                                                
MS.  FELIX   clarified  that  it's  more   complicated  than  she                                                               
previously  indicated.  The  way  version  E,  paragraph  (4)  is                                                               
written,  the voter  can  write  in just  the  last  name of  the                                                               
candidate  for  governor  or  both  the  name  for  governor  and                                                               
lieutenant governor.                                                                                                            
                                                                                                                                
2:39:02 PM                                                                                                                    
SENATOR  COGHILL   asked  if  it  would   assume  the  lieutenant                                                               
governor's name if the governor's name were written in.                                                                         
                                                                                                                                
MS. FELIX  replied that's the  way it's written in  paragraph (4)                                                               
on page 2, lines 3-5.                                                                                                           
                                                                                                                                
CHAIR FRENCH asked  if a person can run for  governor as a write-                                                               
in candidate without a lieutenant governor partnership.                                                                         
                                                                                                                                
MS. FELIX  said DOL has written  an opinion and she  would follow                                                               
up with that information for the committee.                                                                                     
                                                                                                                                
SENATOR PASKVAN questioned if it  would help to insert the phrase                                                               
"in the exercise of discretion"  between the words "director" and                                                               
"shall" on page 2, line 6.                                                                                                      
                                                                                                                                
2:41:09 PMC                                                                                                                   
                                                                                                                                
CHAIR  FRENCH said  he'd pose  that question  to the  drafter and                                                               
announced he would hold SB 31 in committee.                                                                                     
                                                                                                                                

Document Name Date/Time Subjects