Legislature(2001 - 2002)

02/19/2002 03:40 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
                                                                                                                                
                 SB  87-SPECIAL ABSENTEE BALLOTS                                                                            
                                                                                                                                
SENATOR GEORGIANNA  LINCOLN, bill  sponsor, thanked  the committee                                                              
for hearing  the bill  and said  Sara Boario  would introduce  the                                                              
bill.                                                                                                                           
                                                                                                                                
SARA BOARIO,  chief of  staff to  Senator Lincoln, explained  that                                                              
purpose  of the  bill  is to  offer  a voter  living  in a  remote                                                              
location  the  opportunity  to  vote using  the  60  day,  special                                                              
advance absentee  ballot. In current statute, only  voters living,                                                              
working, or  traveling outside the  United States are  eligible to                                                              
use this type  of absentee ballot. However, distance,  terrain and                                                              
natural  conditions have  prevented  voters in  remote areas  from                                                              
reaching a  community with a polling  station or from  receiving a                                                              
ballot by  mail. Absentee ballots  are now mailed out  three weeks                                                              
prior to an election.                                                                                                           
                                                                                                                                
The Division of  Elections already distributes the  special 60 day                                                              
special  advance absentee  ballot  so this  legislation would  not                                                              
impose  any  administrative  difficulties.  The bill  has  a  zero                                                              
fiscal note.                                                                                                                    
                                                                                                                                
During  the  previous  hearing,  there  were  concerns  about  the                                                              
interpretation   of   the  words,   "remote"   and   "reasonable."                                                              
legislative  legal advised  them  to review  how  the Division  of                                                              
Elections   applies  their   current   regulations  to   determine                                                              
permanent absentee  voters. This should provide  a good indication                                                              
of how  they would apply  SB 87 to  determine which  remote voters                                                              
would be eligible  to receive the special ballot.  The regulations                                                              
to  review are  6 AAC  25.650. One  of  the criteria  used by  the                                                              
division to  identify permanent  absentee voters  is if  the voter                                                              
"resides in a remote area in Alaska  or distance, terrain or other                                                              
natural  conditions  deny  the  voter  reasonable  access  to  the                                                              
polling  place."  The  definition   of  "remote"  is  inherent  in                                                              
regulation  and in  the bill  and  the key  phrase is  "reasonable                                                              
access." In  the past, courts  have interpreted "reasonable"  as a                                                              
matter or  degree, which  depends upon the  specific facts  of the                                                              
case. The Division of Elections reviews  the specific facts of the                                                              
permanent absentee  voters and as Gayle Fenumiai  indicated in her                                                              
follow up  letter of  January 22, 2002,  voters who would  benefit                                                              
from  this   bill  are  uniquely   identified  within   the  voter                                                              
registration system.                                                                                                            
                                                                                                                                
She  said  Ms. Fenumiai  addressed  the  concern  expressed  about                                                              
people taking  responsibility to  exercise their  duty to  vote in                                                              
her recent letter. Voters are taking  the necessary steps to apply                                                              
for the  absentee ballot  but they don't  receive them in  time to                                                              
vote. In  more urban  areas, additional  accommodations have  been                                                              
made for absentee  voters. There are now absentee  voting stations                                                              
at international  airports and  at UAA and  UAF so in  addition to                                                              
the  regular mail-in  absentee ballots  absentee  voters in  urban                                                              
areas have a back up system to make their vote count.                                                                           
                                                                                                                                
They have also  been asked to discuss the by-pass  mail system and                                                              
how that  might affect the bill.  Some people believe  the changes                                                              
proposed by Senator Ted Stevens and  Representative Don Young will                                                              
hurt mail  and passenger service  to Bush Alaska and  others think                                                              
it will  at least save  the system.  Under the current  structure,                                                              
the U.S.  Postal Service is losing  over $100 million per  year in                                                              
Alaska. Without  the proposed changes  the Postal Service  will be                                                              
forced to  eliminate the  service altogether,  which could  have a                                                              
devastating  impact on both  mail and  passenger service  to rural                                                              
Alaska. Opposing  forces have  stalled Representative  Young's HR.                                                              
3444 and the last report from Senator  Stevens was not optimistic.                                                              
                                                                                                                                
CHAIRMAN THERRIAULT  asked whether  an individual that  wants this                                                              
ballot would make application to  the regional election supervisor                                                              
and  be added  to the  list as  a  person that  qualifies for  the                                                              
special 60 day absentee ballot.                                                                                                 
                                                                                                                                
SENATOR LINCOLN  advised Ms. Fenumiai  was on line to  answer that                                                              
type of question.                                                                                                               
                                                                                                                                
GAYLE FENUMIAI  explained voters that are designated  as permanent                                                              
absentee voters  in the voter  registration system, still  need to                                                              
apply for an  absentee by-mail ballot. This bill  would allow them                                                              
to receive the 60 day advance ballot  but they would still need to                                                              
complete an absentee by-mail ballot application.                                                                                
                                                                                                                                
CHAIRMAN THERRIAULT  asked how individuals would be  cleared to be                                                              
eligible for permanent absentee voting.                                                                                         
                                                                                                                                
MS.  FENUMIAI said  individuals who  are  identified as  permanent                                                              
absentee  voters  are  mailed  absentee   ballot  applications  at                                                              
specific  times  during  the  year. If  the  division  received  a                                                              
registration form from a voter who  lived in one of the areas they                                                              
have designated as  rural due to remoteness or  lack of reasonable                                                              
access to  a polling place, their  record is flagged,  which would                                                              
trigger  their receiving  a by-mail application.  The voter  would                                                              
still need  to complete  the application  to receive  any kind  of                                                              
absentee ballot.                                                                                                                
                                                                                                                                
CHAIRMAN THERRIAULT asked her if  she had any idea how many people                                                              
might be affected with the passage of the bill.                                                                                 
                                                                                                                                
MS. FENUMIAI said she didn't have  any numbers to offer and didn't                                                              
know whether  every voter that might  qualify would apply  for the                                                              
special 60 day absentee ballot.                                                                                                 
                                                                                                                                
SENATOR  LINCOLN   asked  Ms.  Fenumiai  if  she   hadn't  already                                                              
identified nearly  1,000 people that would qualify  to receive the                                                              
special ballot.                                                                                                                 
                                                                                                                                
MS. FENUMIAI said  that is correct; Shelly Growden,  the elections                                                              
supervisor  from Fairbanks,  reported  she has  over 1,000  voters                                                              
living  in remote  areas that  have been  classified as  permanent                                                              
absentee  voting areas.  Any of  these individuals  that apply  to                                                              
vote would be eligible to receive the special ballot.                                                                           
                                                                                                                                
CHAIRMAN THERRIAULT commented Ms.  Growden's move to the Fairbanks                                                              
Division  of Motor Vehicle  office is  a loss  to the Division  of                                                              
Elections.                                                                                                                      
                                                                                                                                
There were  no committee  substitutes or  amendments offered.  The                                                              
bill had a zero fiscal note.                                                                                                    
                                                                                                                                
He asked for the will of the committee.                                                                                         
                                                                                                                                
SENATOR DAVIS  made a  motion to  move SB  87 and attached  fiscal                                                              
note from committee with individual recommendations.                                                                            
                                                                                                                                
There being no objection, SB 87 moved from committee.                                                                           

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