Legislature(1999 - 2000)

03/16/2000 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                  HB 163-DIVISION OF ELECTIONS                                                                                  
                                                                                                                                
MR. RICHARD SCHMITZ, Legislative Staff to Representative Jeanette                                                               
James, stated HB 163 is an election statute "fix-up" and makes                                                                  
minor changes.  Mr. Schmitz referred to the last gubernatorial race                                                             
regarding write-in candidates and said HB 163 makes minor changes                                                               
to  absentee voter regulations.                                                                                                 
                                                                                                                                
MS. GAIL FENUMIAI, Election Program Specialist, Division of                                                                     
Elections, stated HB 163 updates terminology conforming to the                                                                  
Optical Ballot Tabulation System the State currently uses.                                                                      
                                                                                                                                
HB 163 makes four changes to elections statute, the first is                                                                    
regarding write-in candidates and using stickers on ballots.  It                                                                
also proposes changes to the "absentee, in person" voting process                                                               
and  proposes to improve the "absentee, by personal representative"                                                             
voting process for persons with disabilities.  It deals with                                                                    
"initiative, referendum, and recall petition" by making changes to                                                              
the statute as a result of a U.S. Supreme Court decision in Buckley                                                             
v. American Constitutional Law Foundation.  Ms. Fenumiai referred                                                               
to questions handed to her by the committee.                                                                                    
                                                                                                                                
TAPE 00-05, SIDE B                                                                                                              
                                                                                                                                
Number 2329                                                                                                                     
                                                                                                                                
SENATOR ELTON asked about the 1998 gubernatorial election and a                                                                 
party naming a Governor or Lt. Governor.                                                                                        
                                                                                                                                
MS. FENUMIAI stated HB 163 pertains to the people who appear on the                                                             
primary election ballot.  Write-in candidates are not allowed on                                                                
the primary election ballot.                                                                                                    
                                                                                                                                
CHAIRMAN WARD stated if a party elected two people to run for                                                                   
Governor/Lt. Governor, and one person withdrew and the party chose                                                              
not to replace the running mate, that would make the Governor/Lt.                                                               
Governor ineligible to run.                                                                                                     
                                                                                                                                
MS. FENUMIAI replied yes.  Under current statute there are no rules                                                             
for write-in candidates, HB 163 would make provision changes.                                                                   
                                                                                                                                
CHAIRMAN WARD referred to the 1998 gubernatorial election and                                                                   
Senator Taylor running for Governor.  Chairman Ward asked if                                                                    
Senator Taylor's running mate withdrew, whether his name would                                                                  
still be on the ballot.                                                                                                         
                                                                                                                                
MS. FENUMIAI stated no, it would be a write-in race because the                                                                 
ballots are printed and available 25 days before the election.                                                                  
People with no party affiliation must file nominating petitions.                                                                
They have the same deadline as party nominees.                                                                                  
                                                                                                                                
SENATOR ELTON stated if HB 163 had been in statute during the                                                                   
Arliss Sturgulewski, Jack Coghill, and  Walter Hickel gubernatorial                                                             
race, the outcome would have been different.  The party could have                                                              
refused to name a Lt. Governor and Arliss Sturgulewski's name would                                                             
have been kept off the ballot.                                                                                                  
                                                                                                                                
MS. FENUMIAI replied that has never happened in Alaska's history.                                                               
                                                                                                                                
SENATOR GREEN asked if stickers are not used on the ballots whether                                                             
the write-in candidates names need to be spelled correctly.                                                                     
                                                                                                                                
MS. FENUMIAI stated provisions say the last name of the                                                                         
gubernatorial candidates would suffice.                                                                                         
                                                                                                                                
SENATOR ELTON stated the language in Section 1, line 10, "the month                                                             
in which a primary or general election is held," would excuse a                                                                 
person from jury duty for the month of November, but they would not                                                             
be able to complete their work from October.  Senator Elton offered                                                             
a friendly amendment to Section 1, line 10 to read "or that the                                                                 
person summoned is employed as a full-time or temporary election                                                                
official and the jury service is during the 30 days preceding a                                                                 
primary or general election."  Without objection, the amendment was                                                             
adopted.                                                                                                                        
                                                                                                                                
CHAIRMAN WARD asked about the name and phone number of election                                                                 
supervisors.                                                                                                                    
                                                                                                                                
MS. FENUMIAI replied that section relates to radio notices.  The                                                                
purpose is to cut down on the length of the radio notices.                                                                      
                                                                                                                                
SENATOR GREEN asked Ms. Fenumiai to review the checks & balances                                                                
regarding disabled absentee ballots.                                                                                            
                                                                                                                                
MS. FENUMIAI stated personal representatives need to identify                                                                   
themselves to the election official and sign a register.  The                                                                   
representative takes the ballot to the disabled person.  That                                                                   
person must write down identification on the envelope and sign the                                                              
envelope.                                                                                                                       
                                                                                                                                
SENATOR GREEN asked if this process is witnessed by a third party.                                                              
                                                                                                                                
MS. FENUMIAI stated no.  The integrity of the personal                                                                          
representatives is upright and commendable.                                                                                     
                                                                                                                                
CHAIRMAN WARD asked if any provisions would be altered to change                                                                
paper ballots used in elections.                                                                                                
                                                                                                                                
MS. FENUMIAI stated no.                                                                                                         
                                                                                                                                
SENATOR WILKEN asked, if HB 163 does not pass, what the                                                                         
consequences would be.                                                                                                          
                                                                                                                                
MS. FENUMIAI replied if HB 163 does not pass, the State could                                                                   
possibly have a lengthy lawsuit ahead of it.                                                                                    
                                                                                                                                
SENATOR GREEN asked if people are not required to identify                                                                      
themselves when obtaining signatures, how the Division of Elections                                                             
(DOE) keeps track of the signature books.                                                                                       
                                                                                                                                
MS. FENUMIAI stated people are required to notify the Division of                                                               
Elections who is receiving which book and their name is put on the                                                              
book.  The Buckley decision stated those officials do not need to                                                               
wear a badge.  At the bottom of each page of the signature book is                                                              
a notice stating whether the person collecting signatures is being                                                              
paid and, if so, by whom.                                                                                                       
                                                                                                                                
SENATOR PHILLIPS moved amendment number 2, regarding stickers being                                                             
used on ballots.  He said the State should not discourage anyone                                                                
from voting.  Senator Elton objected and stated if people use                                                                   
stickers on ballots the State is inducing error.  The amendment was                                                             
adopted with Senators Phillips, Green, and Ward voting "Yea" and                                                                
Senator Elton voting "Nay."                                                                                                     
                                                                                                                                
MS. FENUMIAI explained if a sticker were fed through the optical                                                                
ballot machine and gummed up a sensor, at the end of counting the                                                               
ballots, the tabulation would be incorrect.  The Division of                                                                    
Elections would not know where or when the inaccuracy began.  Hand                                                              
counting ballots for a statewide race would effect all races on the                                                             
ballot and be a time consuming process.                                                                                         
                                                                                                                                
SENATOR GREEN moved to delete Sections 63-70 relating to Buckley v.                                                             
American Constitutional Law Foundation.  Without objection, the                                                                 
motion carried.                                                                                                                 
                                                                                                                                
CHAIRMAN WARD stated the amendments that have been adopted will be                                                              
drafted into a committee substitute.  HB 163 will be held in                                                                    
committee and he asked Ms. Fenumiai to clarify the language in                                                                  
Sections 63-70 of HB 163 at the next meeting.                                                                                   

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