Legislature(2003 - 2004)
05/08/2003 03:35 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 266-ELECTIONS & VOTER REGISTRATION
LAURA GLAISER, director of the Division of Elections, read into
the record:
In October 2002, President Bush signed the "Help
America Vote Act," (HAVA) into law. HAVA is the result
of a bipartisan effort in Congress to make sweeping
changes to federal election laws to improve the overall
administration of elections, increase accessibility to
those with disabilities, and also to prevent voter
fraud.
Many changes required under HAVA do not require
amending Alaska statute, but HB 266 includes those
necessary to meet federal mandates. Changes recommended
in the bill before you follow the intent of the federal
law and do not place unnecessary burdens on the voter.
It is imperative that these changes mandated by federal
law are passed by the Legislature this year.
HB 266 also includes changes the division recommends.
The division supports the language recommended in
Senator Lincoln's SB 24, and it has been included in
this bill with her permission. Other changes regarding
returning identification/voter cards to other
jurisdictions, reference to a "master list," and adding
types of information that can be provided by the voter
when registering in person are requested by the
division in this bill.
The House State Affairs Committee removed the language
suggested by the division changing the term "questioned
ballots" to "provisional ballots." The federal law
refers to "provisional voting," (which Alaskans refer
to as "questioned voting") and the division originally
recommended changing the references in statute to
conform to the federal language.
The State Affairs Committee also restored references to
the division sending voters letters regarding the
status of their absentee, questioned, or partially
counted ballot in addition to the "free access system"
required in HAVA.
The House Finance Committee substitute removes perhaps
the most significant change NOT mandated by the federal
act. In the first two versions of the bill the division
recommended replacing the terms "non partisan" and
"undeclared" with the term "unaffiliated." As a result,
there will be no changes to the current references to
"non partisan" and "undeclared."
SENATOR JOHN COWDERY questioned what the difference would be for
someone showing up at the polling booth.
MS. GLAISER replied there would be a difference for the voter
that initially registered to vote by mail and therefore didn't
have to show identification. Those voters would have to verify
their identification. The idea was to get at voter fraud and
those voters who have registered to vote in person and have
typically voted in person would see no change.
SENATOR COWDERY asked if not passing the bill would place the
state in violation of federal law.
MS. GLAISER said that with passage of the Capital Budget, $5
million federal dollars would be available to implement the law
and another $4.1 million would be available by the end of the
year. It's highly likely those monies would be taken back and the
state would be served if the legislation were to fail.
SENATOR COWDERY asked how the division would spend the money.
MS. GLAISER replied much of the money would be spent on touch
screen polling and on updates to the voter database.
SENATOR LYMAN HOFFMAN asked why the division recommended the term
"non partisan".
MS. GLAISER said the regional supervisors believe most voters
don't know the difference between "non partisan" and "undeclared"
and they thought that it would help the voter to use the one term
and provide a definition.
The division defined "non partisan" as a person that doesn't
affiliate with a particular party while an "undeclared" voter may
have a particular party affiliation, but they don't want to
declare that affiliation.
SIDE B
4:20 pm
SENATOR COWDERY asked how "undeclared" would do in a closed
primary.
MS. GLAISER replied they both have the same access to the ballot
and that is why making them one code or term would not affect
their access to the ballot.
SENATOR HOFFMAN noted they would still have to make a selection
and couldn't cross over in a primary.
MS. GLAISER agreed that is correct under the current law.
CHAIR GARY STEVENS said the impact to the voter would be
negligible if "unaffiliated" were selected as the term.
MS. GLAISER replied that would be correct as long as the
understanding is that you are either in a party or you are
unaffiliated.
SENATOR HOFFMAN remarked the voters that were frustrated in the
last election would still be frustrated if this were to pass.
MS. GLAISER agreed. She then noted the House passed a zero fiscal
note with the bill, which was incorrect. The correct fiscal note
is dated 4/15/03 4:16 pm and it shows $382,000 in federal
receipts. Initially the fiscal note was zero because the monies
were to have been shown in the Capital Budget. The minority
members of the House State Affairs Committee asked the division
to show that money. The analysis was the same and adopting the
zero note with the bill was simply an error.
CHAIR GARY STEVENS asked for a motion to adopt the corrected
fiscal note.
SENATOR COWDERY made a motion to remove the fiscal note dated
4/11/03 2:53 pm and adopt the fiscal note dated 4/15/03 4:16 pm.
There was no objection.
SENATOR COWDERY made a motion to move CSHB 266(FIN) and attached
fiscal notes from committee with individual recommendations.
There being no objection, it was so ordered.
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