Legislature(2005 - 2006)BELTZ 211

05/05/2005 03:30 PM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to a Call of the Chair --
+ HB 94 ELECTIONS/VOTERS/POLTICAL PARTIES TELECONFERENCED
Heard & Held
+ HB 277 GAMBLE-SPERL UAS JOINT USE FACILITY TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
       CSHB  94(FIN) AM-ELECTIONS/VOTERS/POLTICAL PARTIES                                                                   
                                                                                                                                
4:49:34 PM                                                                                                                    
                                                                                                                                
CHAIR   GENE  THERRIAULT   announced   HB  94   to   be  up   for                                                               
consideration.                                                                                                                  
                                                                                                                                
SENATOR CHARLIE HUGGINS moved Version  R as the working document.                                                               
There was no objection.                                                                                                         
                                                                                                                                
LAURA GLAISER, Director  of the Division of  Elections, Office of                                                               
the  Lieutenant Governor,  reminded members  that they  heard the                                                               
companion bill, SB 76, in early  February and noted that a number                                                               
of changes had  been made since that hearing.  She suggested that                                                               
a  review of  the sectional  highlight spreadsheet  would be  the                                                               
best way to follow the changes. [A  copy may be found in the bill                                                               
file.]                                                                                                                          
                                                                                                                                
She reviewed the CSHB 94(FIN)am Sectional Highlight.                                                                            
                                                                                                                                
ISSUE: VOTER REGISTRATION                                                                                                     
     BILL SECTION: 1,2,4,7                                                                                                      
     PROPOSED: Power of attorney may register on behalf of a                                                                    
voter.                                                                                                                          
     CURRENT LAW: Cannot register or make changes with a power                                                                  
of attorney.                                                                                                                    
                                                                                                                                
     BILL SECTION: 4,7                                                                                                          
     PROPOSED: Submit voter registration forms by scanning.                                                                     
     CURRENT LAW: Can submit in person, by mail or by fax.                                                                      
                                                                                                                                
     BILL SECTION: 3                                                                                                            
     PROPOSED: Voter record presumptive evidence of voter's                                                                     
residence.                                                                                                                      
     CURRENT LAW: Voter card is presumptive evidence - card may                                                                 
not be current.                                                                                                                 
                                                                                                                                
     BILL SECTION: 5                                                                                                            
     PROPOSED: Only voter or power of attorney may mark party                                                                   
affiliation  on  voter  registration form  unless  voter  already                                                               
registered in that party.                                                                                                       
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
     BILL SECTION: 8                                                                                                            
     PROPOSED: Definition of non-partisan and undeclared voters.                                                                
     CURRENT LAW: Current practice, not defined in law.                                                                         
                                                                                                                                
     BILL SECTION: 9                                                                                                            
     PROPOSED: Voter list to protect confidentiality of voters.                                                                 
     CURRENT LAW: No mention of confidentiality protections when                                                                
preparing list of voters.                                                                                                       
                                                                                                                                
     BILL SECTION: 58                                                                                                           
     PROPOSED: Defines "re-registration" for voters inactivated.                                                                
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
4:53:02 PM                                                                                                                    
                                                                                                                                
ISSUE: PRECINCT BOUNDARY/POLLING PLACE CHANGES                                                                                
     BILL SECTION: 10                                                                                                           
     PROPOSED: Letters to affected voters; Publish one notice in                                                                
local paper; Post if no  local paper; Post on Division's website,                                                               
Notice to clerks, Native groups, community councils, etc.                                                                       
     CURRENT LAW: Letters to affected voters - current practice;                                                                
Not required  to publish for  polling place; Publish 3  times for                                                               
boundary changes;  Posting if  no local  paper -  same; Remainder                                                               
currently not required.                                                                                                         
                                                                                                                                
     BILL SECTION: 55                                                                                                           
     PROPOSED: Publish notice of precinct/polling place changes                                                                 
in OEP.                                                                                                                         
     CURRENT LAW: Not required.                                                                                                 
                                                                                                                                
     BILL SECTION: 62                                                                                                           
     PROPOSED: Repeals language regarding written notice, as                                                                    
changes were incorporated in AS 15.10.090.                                                                                      
     CURRENT LAW:                                                                                                               
                                                                                                                                
4:53:40 PM                                                                                                                    
                                                                                                                                
ISSUE: BALLOTS/ENVELOPES                                                                                                      
     BILL SECTION: 11                                                                                                           
     PROPOSED: Ballot rotation for all candidates except those                                                                  
for State House.                                                                                                                
     CURRENT LAW: Placement of candidates' names randomly                                                                       
determined by Director.                                                                                                         
                                                                                                                                
     BILL SECTION: 13                                                                                                           
     PROPOSED: Election workers to record ballots destroyed or                                                                  
returned for destruction.                                                                                                       
     CURRENT   LAW:    Not   required.   Could    affect   ballot                                                               
accountability records.                                                                                                         
                                                                                                                                
     BILL SECTION: 14                                                                                                           
     PROPOSED: Hand count verification of 1 precinct (5% of                                                                     
votes cast) per district by  State Review Board prior to election                                                               
certification.                                                                                                                  
     CURRENT LAW: Not required.                                                                                                 
                                                                                                                                
     BILL SECTION: 15                                                                                                           
     PROPOSED: Voter certificate on ballot envelope notice re:                                                                  
false statements are punishable by law.                                                                                         
     CURRENT LAW: Voter signs that information is true and                                                                      
accurate.                                                                                                                       
                                                                                                                                
     BILL SECTION: 25                                                                                                           
     PROPOSED: If voter fails to mark choice of primary ballot,                                                                 
Division   will  send   ballot  according   to  affiliation.   If                                                               
unaffiliated,  voter  to  get  ballot   with  greatest  range  of                                                               
candidates.                                                                                                                     
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
MS. GLAISER  said that  last provision was  removed in  Version R                                                               
because the  Department of Law  advised that current  law doesn't                                                               
offer  a primary  ballot with  the greatest  range of  candidates                                                               
from the greatest number of parties.                                                                                            
                                                                                                                                
4:56:05 PM                                                                                                                    
                                                                                                                                
ISSUE: INDEPENDENT CANDIDATES FOR PRESIDENT OF VICE-PRESIDENT                                                                 
     BILL SECTION: 12                                                                                                           
     PROPOSED: Names on ballot same as party candidates.                                                                        
     CURRENT LAW: Not addressed. No legal procedure for a                                                                       
candidate like Ralph Nader.                                                                                                     
                                                                                                                                
     BILL SECTION: 28                                                                                                           
     PROPOSED: Process for qualifying as an Independent                                                                         
candidate.                                                                                                                      
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
     BILL SECTION: 29,30                                                                                                        
     PROPOSED: Votes for electors and duties of electors same as                                                                
party candidates.                                                                                                               
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
                                                                                                                                
4:56:48 PM                                                                                                                    
                                                                                                                                
ISSUE: EARLY VOTING                                                                                                           
     BILL SECTION: 16                                                                                                           
     PROPOSED: Sites to be designated by Director by January 1st                                                                
of an election year.                                                                                                            
     CURRENT LAW: No deadline.                                                                                                  
                                                                                                                                
MS. GLAISER  said it Version  R accommodates the  suggestion that                                                               
June 1 would be a more appropriate date.                                                                                        
                                                                                                                                
     BILL SECTION: 62                                                                                                           
     PROPOSED: Repeals duplicative language.                                                                                    
     CURRENT LAW: Addressed in AS 15.20.045.                                                                                    
                                                                                                                                
4:57:43 PM                                                                                                                    
                                                                                                                                
ISSUE: ABSENTEE VOTING                                                                                                        
     BILL SECTION: 17                                                                                                           
     PROPOSED: Reduce witnesses required for submitting a "by                                                                   
fax" ballot. No longer required to by US citizens.                                                                              
     CURRENT LAW: Two witnesses. Witnesses were required to be                                                                  
US citizens.                                                                                                                    
                                                                                                                                
     BILL SECTION: 18                                                                                                           
     PROPOSED:   Apply   for    absentee   ballot   by   scanning                                                               
application.                                                                                                                    
     CURRENT LAW: Apply in person, by mail or by fax.                                                                           
                                                                                                                                
     BILL SECTION: 1,2,18                                                                                                       
     PROPOSED: Power of attorney may apply for absentee ballot.                                                                 
     CURRENT LAW: Cannot apply for absentee ballot on behalf of                                                                 
voter with power of attorney.                                                                                                   
                                                                                                                                
     BILL SECTION: 18                                                                                                           
     PROPOSED: Only voter or power of attorney may mark party                                                                   
affiliation unless voter already registered in that party.                                                                      
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
     BILL SECTION: 18                                                                                                           
     PROPOSED: Only voter or power of attorney may mark choice                                                                  
of primary ballot.                                                                                                              
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
     BILL SECTION: 19                                                                                                           
     PROPOSED: Reduce witnesses required for submitting a "by                                                                   
mail" ballot to one.                                                                                                            
     CURRENT LAW: Two witnesses required.                                                                                       
                                                                                                                                
     BILL SECTION: 19                                                                                                           
     PROPOSED: Voter to certify under penalty of perjury that                                                                   
the statements are true.                                                                                                        
     CURRENT LAW: Not required.                                                                                                 
                                                                                                                                
     BILL SECTION: 20                                                                                                           
     PROPOSED: Defines overseas voter - AS 15.05.011.                                                                           
     CURRENT LAW: Military APO or FPO address.                                                                                  
                                                                                                                                
4:59:06 PM                                                                                                                    
                                                                                                                                
ISSUE: RECOUNTS                                                                                                               
     BILL SECTION: 21                                                                                                           
     PROPOSED: Raises deposit amounts.                                                                                          
     CURRENT LAW: Current amounts have not been addressed since                                                                 
1986.                                                                                                                           
                                                                                                                                
4:59:31 PM                                                                                                                    
                                                                                                                                
ISSUE: BY MAIL VOTING                                                                                                         
     BILL SECTION: 22                                                                                                           
     PROPOSED: Division will not mail ballots to address                                                                        
previously recorded as "undeliverable."                                                                                         
     CURRENT LAW: Required to mail ballots to addresses that are                                                                
"undeliverable" - ballot integrity issue.                                                                                       
                                                                                                                                
4:59:53 PM                                                                                                                    
                                                                                                                                
ISSUE: VOTING SYSTEMS                                                                                                         
     BILL SECTION: 23                                                                                                           
     PROPOSED: Division to use only those machines/systems                                                                      
approved by FEC.                                                                                                                
     CURRENT LAW: No standards required. Previous administration                                                                
approved  new software  that had  not been  certified at  time of                                                               
election.                                                                                                                       
                                                                                                                                
5:00:03 PM                                                                                                                    
                                                                                                                                
ISSUE: CANDIDATES                                                                                                             
     BILL SECTION: 24,26,27                                                                                                     
     PROPOSED: At time of filing, a candidate will meet the                                                                     
constitutional  age requirements  on  the 1st  day  of the  first                                                               
session.                                                                                                                        
     CURRENT LAW: Not addressed.                                                                                                
                                                                                                                                
5:00:26 PM                                                                                                                    
                                                                                                                                
ISSUE: INITIATIVES, REFERENDUM, RECALL                                                                                        
     BILL SECTION: 31,38,46                                                                                                     
     PROPOSED: Application to include printed name, signature,                                                                  
address, and numerical identifier of sponsors.                                                                                  
     CURRENT LAW: Signatures required.                                                                                          
                                                                                                                                
     BILL SECTION: 32,39,47                                                                                                     
     PROPOSED: Sponsors support action. Additional sponsors will                                                                
give name address and numerical identifier.                                                                                     
     CURRENT LAW: Support of action not addressed. Numerical                                                                    
identifier not  required but will  help qualify the  sponsors. No                                                               
similar language for recall.                                                                                                    
                                                                                                                                
     BILL SECTION: 33,40,48                                                                                                     
     PROPOSED: Printed name and numerical identifier, and date                                                                  
when signed is required.                                                                                                        
     CURRENT LAW: Signature and address only.                                                                                   
                                                                                                                                
MS. GLAISER explained that the  proposed change is to address the                                                               
problem  of whether  or not  a  petition signer  was a  qualified                                                               
voter at the  time of signing. If  there is a date  placed on the                                                               
petition book at the time of  signing then that question could be                                                               
answered.                                                                                                                       
                                                                                                                                
5:01:55 PM                                                                                                                    
                                                                                                                                
SENATOR  KIM ELTON  posed a  hypothetical  situation to  question                                                               
whether  the  date  is  attached  to the  petition  book  or  the                                                               
signature.                                                                                                                      
                                                                                                                                
MS. GLAISER clarified  that the voter dates the  petition when he                                                               
or she  signs it. The  date has nothing  to do with  the petition                                                               
circulation; it's to ensure that  the voter was registered at the                                                               
time of signing. .                                                                                                              
                                                                                                                                
ISSUE: INITIATIVES, REFERENDUM, RECALL CONTINUED                                                                              
     BILL SECTION: 33,40,48                                                                                                     
     PROPOSED: Booklets to be sequentially numbered.                                                                            
     CURRENT LAW: Current practice. Not addressed in law.                                                                       
                                                                                                                                
     BILL SECTION: 33,40,48                                                                                                     
     PROPOSED: Petition to include minimum cost to the state to                                                                 
certify and review - does not include legal costs.                                                                              
     CURRENT LAW: Not required.                                                                                                 
                                                                                                                                
     BILL SECTION: 33,40,48                                                                                                     
     PROPOSED: Petition to include cost of implementing proposed                                                                
law or conducting recall election.                                                                                              
     CURRENT LAW: Not required.                                                                                                 
                                                                                                                                
     BILL SECTION: 34,41,50                                                                                                     
     PROPOSED: Qualifications of circulator - citizen, at least                                                                 
18 years old, Alaskan resident.                                                                                                 
     CURRENT LAW: In practice as a result of Buckley ruling, but                                                                
not set out in law.                                                                                                             
                                                                                                                                
     BILL SECTION: 35,43,52                                                                                                     
     PROPOSED: Printed name and numerical identifier, and date                                                                  
when signed required when withdrawing name from petition.                                                                       
     CURRENT LAW: Voter's signature and address required.                                                                       
                                                                                                                                
     BILL SECTION: 36,44,53                                                                                                     
     PROPOSED: Repeal and reenacted certification of circulator.                                                                
Circulator to sign inclusive affidavit.                                                                                         
     CURRENT LAW: Does not comply with Buckley decision.                                                                        
                                                                                                                                
     BILL SECTION: 37,45,54                                                                                                     
     PROPOSED: Display of proposed law at polling place - at                                                                    
least 5 copies available and one posted.                                                                                        
     CURRENT LAW: 10 copies available and 3 posted.                                                                             
                                                                                                                                
     BILL SECTION: 42,51                                                                                                        
     PROPOSED: Circulator may not receive payment greater than                                                                  
$1. Prohibitions and penalties defined.                                                                                         
     CURRENT LAW: Current language for initiative petitions. Not                                                                
addressed for referendum and recall.                                                                                            
                                                                                                                                
     BILL SECTION: 49                                                                                                           
     PROPOSED: Removes language regarding "duplicate copy" of a                                                                 
recall petition.                                                                                                                
     CURRENT LAW: There are no "duplicate copies" of a recall                                                                   
petition. All are sequentially numbered.                                                                                        
                                                                                                                                
     BILL SECTION: 58                                                                                                           
     PROPOSED: Defines "numerical identifier" as voter's date of                                                                
birth, Alaska driver's license or ID  number, last 4 digits of SS                                                               
number, or voter ID number.                                                                                                     
     CURRENT LAW: No requirement for additional information                                                                     
makes qualifying voter's signatures more difficult.                                                                             
                                                                                                                                
5:04:50 PM                                                                                                                    
                                                                                                                                
ISSUE: RECOGNIZED POLITICAL PARTIES                                                                                           
     BILL SECTION: 56                                                                                                           
     PROPOSED: Sets out process for a political group to become                                                                 
a  party. Ensures  that a  party  cannot lose  status during  the                                                               
election cycle. Explains verification process.                                                                                  
     CURRENT LAW: Not addressed, though procedure was in place                                                                  
to protect the parties.                                                                                                         
                                                                                                                                
SENATOR ELTON asked if a section  was removed from Version R and,                                                               
if so, what it did.                                                                                                             
                                                                                                                                
MS. GLAISER responded Section 57  was removed from Version R. The                                                               
result is  that the  definition was returned  to what  is current                                                               
law.                                                                                                                            
                                                                                                                                
     BILL SECTION: 57                                                                                                           
     PROPOSED: Defines political party - 2% of the total votes                                                                  
cast for  governor at the preceding  election OR 2% of  the total                                                               
votes  for   US  Senate  OR  2%   of  the  total  votes   for  US                                                               
Representative  at the  most recent  general election  or when  a                                                               
governor  was elected...  OR... 2%  of the  number of  registered                                                               
voters.                                                                                                                         
     CURRENT LAW: 3% of total votes cast for governor OR if                                                                     
governor not on  ballot, 3% of total votes cast  for US Senate OR                                                               
if  neither   on  ballot,   3%  of  total   votes  cast   for  US                                                               
Representative OR registered voters totaling  3% of the number of                                                               
votes cast in that election.                                                                                                    
                                                                                                                                
CHAIR THERRIAULT asked if that was passed last year.                                                                            
                                                                                                                                
MS. GLAISER replied  yes. What wasn't removed is  the process for                                                               
a political group to become a  party and retain its status during                                                               
an  election cycle.  Also it  explains the  verification process.                                                               
She said  that the division has  tried to do that  even though it                                                               
isn't set out in law so  it's not really fair to parties. Section                                                               
59 of Version R does set it out in law.                                                                                         
                                                                                                                                
SENATOR  ELTON  asked for  verification  that  Version R  defines                                                               
political party as 3%, which is the same as in current law.                                                                     
                                                                                                                                
MS. GLAISER said that's correct.                                                                                                
                                                                                                                                
CHAIR  THERRIAULT added  it's the  difference between  2% of  the                                                               
total registered voters versus 3%.  The bill passed last year had                                                               
a sort of cascading standard.                                                                                                   
                                                                                                                                
SENATOR ELTON  questioned what parties  would be  qualified under                                                               
the version that passed the House  compared to Version R and what                                                               
parties might  drop out if there  is a return to  the 3% standard                                                               
under Version R.                                                                                                                
                                                                                                                                
MS.  GLAISER   explained  that  the   same  parties   would  have                                                               
qualified. No  one party or group  would be added, but  3% of the                                                               
total  votes  cast  is  a  lower number  than  2%  of  the  total                                                               
registered voters.                                                                                                              
                                                                                                                                
SENATOR ELTON asked if the "recipe"  was the same even though the                                                               
percentage was different.                                                                                                       
                                                                                                                                
MS. GLAISER answered  no; the "recipe" changed.  She read current                                                               
law and said  the House version allowed  qualification in several                                                               
different areas: governor, or US Senate,  or US House in the same                                                               
election cycle.  Current law  is an either  or requirement.  If a                                                               
governor  were not  on  the  ballot, you  would  look  at the  US                                                               
Senate. If there  were no US Senate election then  you would look                                                               
at the  US House. She  reiterated Chair  Therriault's explanation                                                               
that current  law has  a cascading test  while the  House version                                                               
offers options for qualification.                                                                                               
                                                                                                                                
5:10:18 PM                                                                                                                    
                                                                                                                                
CHAIR THERRIAULT noted that it's  now more difficult to purge the                                                               
voter rolls.  He suggested that  for that reason it's  more valid                                                               
to use  a percentage of  the votes that  were cast. Also,  with a                                                               
cascading test you  go with the race on the  ballot that's likely                                                               
to generate the most voter participation.                                                                                       
                                                                                                                                
SENATOR ELTON  stated that  it would  be helpful  to see  a chart                                                               
that  lists  the  marginal  parties and  compare  the  number  of                                                               
qualifications between two versions.                                                                                            
                                                                                                                                
MS. GLAISER  said she prepared  a comparison chart for  the House                                                               
State  Affairs Committee  that  would give  a  general idea.  She                                                               
offered the following:                                                                                                          
   · On General Election Day in 2004 there were 472,160                                                                         
     registered voters.                                                                                                         
   · 3% of those who voted for US Senate equaled 9,329. The only                                                                
     parties that would have qualified were the Republicans and                                                                 
     Democrats.                                                                                                                 
   · 3% of those who voted for US Representative that nominated                                                                 
     a candidate receiving equaled 9,298. The Republican Party,                                                                 
     the Democrat Party and the Green Party would have                                                                          
     qualified.                                                                                                                 
   · 2% of those who registered to vote when there was a date                                                                   
     certain  requirement equaled  8,977. She  noted that  number                                                               
     would  always  be greater  if  the  mark is  "registered  to                                                               
     vote." Turnout is  never 100% so 3% of the  turnout would be                                                               
     smaller than 2% of those registered to vote.                                                                               
                                                                                                                                
She  said   she  would  gather  the   information  Senator  Elton                                                               
requested.                                                                                                                      
                                                                                                                                
SENATOR ELTON  requested information on the  range of percentages                                                               
that other states use as well.                                                                                                  
                                                                                                                                
MS. GLAISER told  him she had that information  from the previous                                                               
year.  She further  informed the  committee that  as a  result of                                                               
litigation, the Alaska  Supreme Court found that the  3% of total                                                               
votes cast rule is sufficient.                                                                                                  
                                                                                                                                
CHAIR THERRIAULT  added that the  legislation from last  year was                                                               
based  on  a lower  court  decision.  He  asked  if that  is  the                                                               
decision that was just confirmed.                                                                                               
                                                                                                                                
MS. GLAISER replied she wasn't sure  about that, but she did know                                                               
that 3% was upheld.                                                                                                             
                                                                                                                                
5:14:25 PM                                                                                                                    
                                                                                                                                
MS. GLAISER continued the review:                                                                                               
                                                                                                                                
ISSUE: INCORPORATION ELECTIONS                                                                                                
     BILL SECTION: 59,60                                                                                                        
     PROPOSED: Defines "qualified voter" as a person registered                                                                 
to vote within the proposed  municipality or borough for at least                                                               
30 days before an election.                                                                                                     
     CURRENT LAW: "qualified voter" was defined as being a                                                                      
resident of  the municipality  or borough for  30 days  before an                                                             
election.                                                                                                                       
                                                                                                                                
     BILL SECTION: 61                                                                                                           
     PROPOSED: Defines qualified voter as a person who has the                                                                  
qualifications under AS 15.60.010.                                                                                              
CURRENT LAW: Not addressed.                                                                                                     
                                                                                                                                
5:15:08 PM                                                                                                                    
                                                                                                                                
CHAIR  THERRIAULT  directed  attention  to page  7,  line  20  of                                                               
Version R and noted that  the attorney general's office suggested                                                               
using "attestation" rather than "oath."                                                                                         
                                                                                                                                
MS.  GLAISER  explained  that  the state  must  comply  with  the                                                               
National Voter  Registration Act.  Attestation is in  current law                                                               
and is the proper term.                                                                                                         
                                                                                                                                
CHAIR  THERRIAULT  referenced page  13,  line  20 and  asked  Ms.                                                               
Glaiser to  reiterate the  reasoning behind  the request  for the                                                               
date change.                                                                                                                    
                                                                                                                                
MS. GLAISER explained that the  division initially picked January                                                               
1 of  an election  year as  the date  to designate  locations for                                                               
early  voting. Waiting  until June  1 is  reasonable because  the                                                               
division could  still organize election  worker efforts  and have                                                               
supplies  available.   Furthermore,  ballot  printing   can't  be                                                               
ordered before  then because  that's the  last day  to file  as a                                                               
candidate.                                                                                                                      
                                                                                                                                
CHAIR THERRIAULT  noted there were  no further questions  for Ms.                                                               
Glaiser. He  asked Mr. Balash  to review the changes  proposed in                                                               
Version R.                                                                                                                      
                                                                                                                                
5:17:40 PM                                                                                                                    
                                                                                                                                
JOE BALASH, Staff to the  Legislative Budget and Audit Committee,                                                               
stated that he  would speak to changes in Sections  11,12, and 13                                                               
that occur on pages 9,10, and 11.  They came about as a result of                                                               
observations made during the most  recent federal and state level                                                               
election.                                                                                                                       
                                                                                                                                
The changes relate to the  activities of 527 organizations, which                                                               
are  a  creation   of  federal  law.  He   explained  that  these                                                               
organizations aren't  required to disclose the  money sources and                                                               
they engage in voter registration and voter turnout efforts.                                                                    
                                                                                                                                
Political parties don't  have the same advantage,  he said. Every                                                               
dollar a political  party raises has to be  from private sources;                                                               
neither corporate nor union money  may be used. However, he said,                                                               
we don't  want to  go back to  the days when  soft money  went to                                                               
parties and was dumped into campaign ads.                                                                                       
                                                                                                                                
To address that  issue, Section 13 amends AS  15.13.400 by adding                                                               
a  new paragraph  (17) to  define "party  building." He  read the                                                               
proposed  definition and  pointed  out that  the Legislature  has                                                               
previously defined both  terms in a manner  that has strengthened                                                               
how APOC  looks at ad  content to  determine whether or  not only                                                               
hard dollars can be used for an ad. He further explained that:                                                                  
                                                                                                                                
     By defining  party building  in a  negative way  in the                                                                    
     context  of  an   electioneering  communication  or  an                                                                    
     express   communication,  that   exception  for   party                                                                    
     building  can  be allowed  in  the  610 days  after  an                                                                    
     election but  not in the  next 120 days, which  are the                                                                    
     120 days before the next election.                                                                                         
                                                                                                                                
Federal law  requires that any activity  by a party be  done with                                                               
hard dollars  in the 60 days  before the general and  the 60 days                                                               
before  the primary.  In Alaska  that means  that every  dollar a                                                               
state party  spends in the  120 days before the  general election                                                               
must be hard dollars.                                                                                                           
                                                                                                                                
5:21:15 PM                                                                                                                    
                                                                                                                                
Section  11   defines  "contribution"  and  Section   12  defines                                                               
"expenditure".   They   make   allowances  for   party   building                                                               
functions,  but because  of the  way party  building is  defined,                                                               
that money would not be able  to be used to influence the outcome                                                               
of an election.                                                                                                                 
                                                                                                                                
CHAIR THERRIAULT  asked him to  go over  the list of  things that                                                               
would be covered in the definition of party building.                                                                           
                                                                                                                                
MR.  BALASH read,  "...the  activities of  a  political party  to                                                               
register voters, organize precincts,  districts, and regions, and                                                               
otherwise  engage   in  activities   that  build,   maintain,  or                                                               
strengthen  a   political  party   in  this  state..."   A  voter                                                               
registration  drive;  a  door-to-door   effort  to  register  new                                                               
arrivals to  an area;  organizing a  local precinct  or district;                                                               
and putting  on a party  picnic or  rally or convention  would be                                                               
included as  long as  the activity  didn't occur  in the  120 day                                                               
period before the election.                                                                                                     
                                                                                                                                
5:23:20 PM                                                                                                                    
                                                                                                                                
SENATOR ELTON asked  if it would be considered  party building to                                                               
make polling phone  calls so that information could  be passed on                                                               
to candidates  if the calls occurred  prior to 120 days  before a                                                               
general election.                                                                                                               
                                                                                                                                
MR. BALASH  responded as long  as the activity didn't  fall under                                                               
an   "express  communication"   definition,  it   would  not   be                                                               
proscribed in the time prior to  120 days before an election. The                                                               
"express communication" standard exists  whether it's an election                                                               
year or not and  is a communication that, " when  read as a whole                                                               
and with  limited reference to  outside events or context  can be                                                               
determined to  be nothing other  than an exhortation to  vote for                                                               
or against a candidate."                                                                                                        
                                                                                                                                
SENATOR ELTON  mentioned phone  calls that  ask whether  you knew                                                               
that person X  participated in activity Y and  asked whether that                                                               
kind of communication could be considered party building.                                                                       
                                                                                                                                
MR.  BALASH replied  not in  Alaska;  that would  fall under  the                                                               
definition of  an electioneering communication. That  was new law                                                               
in either 2001 or 2002, he said.                                                                                                
                                                                                                                                
CHAIR THERRIAULT opened teleconference testimony.                                                                               
                                                                                                                                
5:27:39 PM                                                                                                                    
                                                                                                                                
JIM  SYKES   testified  via   teleconference.  He   informed  the                                                               
committee that  he sent  written comments  that were  directed to                                                               
the House version,  which he described as generally  a good bill.                                                               
With regard  to Version R,  he strongly encouraged  the committee                                                               
to  restore   what  had  been   Section  57,  which   amended  AS                                                               
15.60.010(23)(A)(B)(C) and  (D). He further  recommended amending                                                               
subparagraph (D)  to recognize a  political party as one  half of                                                               
one percent.                                                                                                                    
                                                                                                                                
He  explained that  in  the  US just  the  Republican Party,  the                                                               
Democratic  Party, and  two  other political  parties  have a  2%                                                               
registration  requirement. That,  he said,  is an  extremely high                                                               
requirement.                                                                                                                    
                                                                                                                                
Until 1996 there  was no avenue for political  parties to acquire                                                               
recognition   through  registration.   At   that   time  it   was                                                               
established  that  3% of  the  votes  in  the governor  race  was                                                               
required  for  recognition. The  Green  Party  challenged the  3%                                                               
requirement, but  the Alaska  Supreme Court has  yet to  hear the                                                               
case.  The  superior court  did  issue  a preliminary  injunction                                                               
saying  that the  Green Party  showed a  modicum of  support even                                                               
though it didn't  achieve 3% in the governor  race. He emphasized                                                               
that  the   House  version  dealt   with  that   requirement  and                                                               
established the 2% level for any statewide race.                                                                                
                                                                                                                                
He suggested that  if the committee wanted to go  along with what                                                               
the percentage  is then  it should  be the  same as  a nominating                                                               
petition.  The Vogler  challenge spoke  to this  small amount  of                                                               
support,  he said.  He  noted that  political  parties have  more                                                               
rights  and responsibilities  than  a candidate  that  is on  the                                                               
ballot  as a  result of  a nominating  petition, but  registering                                                               
people  to  the  political  party is  much  more  difficult  than                                                               
getting people to sign a nominating petition.                                                                                   
                                                                                                                                
Smaller political  parties have an additional  hurdle because the                                                               
primary  election race  has changed  virtually  every time  since                                                               
1996. He pointed out that  nonpartisan voters currently have more                                                               
options in choosing  a ballot than anyone who is  registered to a                                                               
political  party.  Because  of  dissatisfaction  with  the  major                                                               
parties, independent  voter registration is  at a high,  he said.                                                               
It's  additionally  burdensome  in   Alaska  where  the  law  has                                                               
changed. People want  to preserve the maximum  options since they                                                               
were accustomed to voting an open blanket primary before 1996.                                                                  
                                                                                                                                
He reiterated that registering voters  to a political party is an                                                               
extremely difficult  test to meet.  He said he has  always worked                                                               
to make elections  bills fair to all political  parties and those                                                               
who are not  registered to a political party. I've  tried to make                                                               
sure that what is done  is straightforward and easy to understand                                                               
and  good  public  policy  regardless   of  what  your  political                                                               
leanings may be, he concluded.                                                                                                  
                                                                                                                                
5:37:24 PM                                                                                                                    
                                                                                                                                
AMY PAGE  testified from Juneau  and told the committee  that she                                                               
believes that  Alaska has  had good  election procedures  and she                                                               
was impressed with how the  recount effort was managed. She said,                                                               
the bill you  got from the House is "pretty  good" and you should                                                               
pass it.                                                                                                                        
                                                                                                                                
CHAIR  THERRIAULT  noted  there  was  no  further  testimony  and                                                               
announced he would hold the bill.                                                                                               

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