Legislature(2013 - 2014)BUTROVICH 205
02/28/2013 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB45 | |
| SB44 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 44 | TELECONFERENCED | |
| *+ | SB 45 | TELECONFERENCED | |
SB 44-ELECTION PROCEDURES; REAA ADVISORY BOARDS
9:10:51 AM
CHAIR DYSON announced the consideration of SB 44.
SENATOR GIESSEL moved to adopt the CS for SB 44, labeled 28-
GS1983\U, as the working draft before the committee. There being
no objection, version U was before the committee.
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, explained the changes in the new CS from
the original version of the bill. The first change is in Section
3 where an amendment was added by Representative Lynn in the
House State Affairs Committee. It would require poll watchers to
be registered voters in the state of Alaska.
She said Section 4 is another amendment proposed by
Representative Lynn that would require people who serve on the
state ballot counting review board to be registered voters in
the state of Alaska. She noted that is a current requirement.
She said Section 5 is another amendment proposed by
Representative Lynn. It states, if a name of a person who
requests an advisory opinion from the Alaska Public Offices
Commission (APOC) is redacted, that opinion is released to the
public. The name of the person is not released to the public.
She stated that the last change is found in Section 20, which is
a section that relates to election pamphlets. It states that for
the primary election, candidate information such as their
statement, biography, and photograph will be published on the
division's web site not later than 15 days before each election
in which the candidate would appear on the ballot. It is a
practice the division started in 2010. Representative Lynn felt
it would be good to put it into statute.
9:13:04 AM
CHAIR DYSON requested that MS. Fenumiai explain the whole bill,
beginning with the solutions to problems the bill solves.
MS. FENUMIAI related that bill serves several purposes. The main
purpose is to ensure that the Division of Elections can meet the
federal mandate of mailing ballots to military and overseas
voters at least 45 days prior to each election. The division has
been able to meet that deadline, but it has been very tight.
She explained that some of the provisions in the bill provide
for the ability to change dates, such as candidacy withdrawal
deadlines and the primary election date. It moves the primary
election date two weeks earlier than it currently is. She said
it is not as difficult for the division to meet the primary
election date; however, the post-primary process encroaches on
the deadline for mailing military and overseas ballots. The
provisions in the bill would harmonize state law with federal
law and make things easier for the division to continue to be
successful.
9:15:01 AM
SENATOR WIELECHOWSKI asked why Alaska's primary was in August.
Many other states have their primary in February.
MS. FENUMIAI did not have that history.
MS. FENUMIAI related information about the sectionals. She said
Section 1 states that the division may conduct advisory school
board elections in regional educational attendance areas (REAA).
The division currently conducts elections for REAA's in 19 areas
of the state. This provision would state that the state would
also conduct an advisory school board election as part of that
REAA.
9:16:14 AM
CHAIR DYSON asked for clarification of "advisory." He wondered
if the school boards did not have policy authority and only
serve to advise.
MS. FENUMIAI explained that each REAA has an advisory board in
the community. She assumed that they serve as an advisory
capacity to the school board.
SENATOR WIELECHOWSKI asked what the current practice is
regarding REAA's.
MS. FENUMIAI explained the advisory school board elections are
currently conducted by the school board and they usually take
place on the same day on which the division conducts the REAA
elections. The division was asked to also do the advisory school
board elections, but did not have statutory authority to do so.
SENATOR WIELECHOWSKI asked for a definition of the REAA
election.
MS. FENUMIAI replied that they are regional educational
attendance area elections of school boards in unorganized areas
of the state.
SENATOR WIELECHOWSKI assumed there would be no additional costs
for Section 1.
MS. FENUMIAI said that was correct.
MS. FENUMIAI stated that Section 2 would allow a child who turns
18, while residing outside of the United States with their
parents, and/or guardian, whose parents or guardian were
previously domiciled in Alaska before moving overseas for
purposes of serving in the military, work, living overseas, to
vote absentee in federal elections. Currently, those voters are
not allowed to register to vote in Alaska.
SENATOR WIELECHOWSKI inquired if they are allowed to vote in
state elections.
MS. FENUMIAI clarified that the provision in statute is aimed at
federal elections only.
SENATOR WIELECHOWSKI asked if it could apply to state elections,
also.
MS. FENUMIAI replied that it would be up to the will of the
committee. The division would have no objections. She pointed
out that there is a group of voters that are permanently
domiciled overseas known as "federal overseas voters." They are
allowed to be registered in Alaska and vote only in federal
elections.
CHAIR DYSON addressed Senator Wielechowski's question about the
statute applying to state elections. He said he assumed that it
would be a problem because the state would not be able to
identify an overseas voter's state residency.
MS. FENUMIAI agreed. The overseas voters were domiciled in the
state but were never registered to vote in Alaska prior to
leaving the state.
SENATOR WIELECHOWSKI said there are many who move outside and no
longer have an Alaska address but are allowed to vote.
MS. FENUMIAI said that was correct. If a voter is registered in
the state of Alaska, and leaves the state, as long as they
maintain intent to return, they are allowed to maintain their
voter registration in Alaska.
SENATOR WIELECHOWSKI gave an example of someone who has not
lived at an address for ten years, but is still registered at
that address. He did not understand the policy differentiation
between allowing people to vote who lived here, moved out, and
maintain no ties with the district, versus a student who is
turning 18.
MS. FENUMIAI offered to think about that.
She explained that the statutes Section 2 would amend apply to
those who reside outside the United States who want to register
and vote absentee because they were not previously registered to
vote in Alaska prior to leaving.
9:21:04 AM
CHAIR DYSON asked if the assumption is that if they were
registered to vote in Alaska and moved out, they continue to
have the right to vote in the district they were registered in
when they move back.
MS. FENUMIAI said that was correct.
9:21:54 AM
SCOTT STINSON, Policy Analyst, Federal Voting Assistance
Program, Department of Defense, said his office was charged with
assisting members of the uniformed services and citizens
overseas with absentee voting for U.S. elections.
CHAIR DYSON explained that it is a policy decision to allow
someone who has been registered to vote in Alaska, has moved,
and is allowed to vote in state and local elections, based upon
the area in which they registered. He asked if Mr. Stinson has
dealt with that issue.
MR. STINSON reported that his office has a form called the
Federal Coast Guard Application, which is a voter registration
form - an absentee ballot request for members of the services
and citizens living overseas. One of the questions on the form
for the overseas citizens is if they intend to return. States
determine whether the citizen gets a federal-only ballot or a
full ballot with state and local offices on it. States do it
differently and it is a policy decision made at the state level.
MS. FENUMIAI said she would look into the history of AS
15.05.011 and find out why it was crafted the way it was.
SENATOR WIELECHOWSKI assumed students attending college out of
Alaska have parents who live in Alaska. He suggested that
students be registered at their parents' address.
MS. FENUMIAI said that is how it works now. She noted that
looking at AS 15.05.011, if the child was not previously
domiciled in Alaska before leaving, the provisions of the
federal overseas statute would apply. She gave an example of
parents who live in, and are registered in, Anchorage,
transferred to Texas where their child was born, and then they
moved overseas. Section 2 of SB 44 addresses that situation.
SENATOR WIELECHOWSKI asked if the child was born overseas and
lived overseas for 18 years.
MS. FENUMIAI reiterated the previous example and said Section 2
would allow the child to vote in federal elections.
9:26:23 AM
CHAIR DYSON raised the question as to how long a person can be
gone from Alaska and still be qualified to vote as an Alaskan.
MS. FENUMIAI replied that the statute does not address that; it
only references a voter's intent to return to the state.
SENATOR WIELECHOWSKI gave an example of someone who continues to
vote even though they have not lived in Alaska for years. He
asked if there are ways other states deal with that, similar to
how the permanent fund is dealt with.
MS. FENUMIAI did not have information on how other states handle
"intent to return" voter registration laws. The state does have
a procedure that is guided by federal law. Prior to the National
Voter Registration Act, voters were removed solely for the
purposes of not voting, which is no longer the case. She said if
the division has had no contact with a voter for four years,
they are sent a notice. If a notice comes back undeliverable,
with a forwarding addressed, the notice is mailed to the new
address. If the division does not hear back from the voter, they
become inactivated. If they do not vote in the next two general
elections, they are dropped off the roles.
9:28:12 AM
MS. FENUMIAI related that she has covered Sections 3, 4, and 5.
She said Section 6 allows the division to designate municipal
clerks as absentee voting officials in locations where there is
not an absentee voting station.
She explained that Section 7 clarifies that voters, other than
uniformed service officers and overseas voters, who wish to get
their ballot by electronic transmission are not able to apply
for that ballot until 15 days before the election, which is
current law. The change is that the military and overseas
voters, as allowed by federal law, may apply any time during the
calendar year to get their ballots sent to them electronically.
She said Section 8 clarifies and harmonizes with federal law,
that military and overseas voters will be sent their ballots no
later than 45 days prior to an election. Section 9 removes a
reference to receipt of by-mail ballots postmarked from
overseas. The current statute has that set at 15 days, and the
proposal is to have the cutoff the same for all voters, 10 days
following the election.
MS. FENUMIAI said that Section 10 is harmonizing language with
federal law regarding the ballot mailing deadlines for military
and overseas voters. Section 11 removes the reference to the 15
days post-election receipt of ballots postmarked from overseas.
She said that Section 12 changes the date of the primary
election to the second Tuesday in August. Section 13 changes the
withdrawal date for primary election candidates.
9:30:08 AM
SENATOR WIELECHOWSKI asked about possible impacts to students
and rural Alaskans from changing the date in Section 12.
MS. FENUMIAI explained that there was some discussion with rural
voters who did not feel that shifting the date two weeks earlier
would have a substantial impact. Students who are away in
college also have an absentee-by-mail option.
SENATOR WIELECHOWSKI noted school starts the third week of
August in Anchorage. He pointed out that primary election
turnout is at only 25 percent or less. He suggested holding the
primary election earlier might suppress the voter turnout even
more.
MS. FENUMIAI said she did not know how to predict voting trends.
She noted that other voting options are available to voters. She
opined that voting is a very person choice and if it is
important to a person, they will find a way to make it happen.
Shifting it two weeks would not have such a negative impact on
the lives of Alaskans.
SENATOR COGHILL suggested there might be reporting issues
between the end of the legislative session and the primary
election. He noted that there are certain APOC reporting
requirements and restrictions on mailouts to constituents. Also,
there could be an impact on ballot measures.
SENATOR WIELECHOWSKI agreed with Senator Coghill. He added that
there were often special legislative sessions to consider. He
suggested analyzing all situations.
MS. FENUMIAI reported that she has no knowledge of APOC
standards, but offered to put in a request to APOC for that
information.
SENATOR COGHILL agreed it would be a good idea.
CHAIR DYSON discussed the next meeting schedule.
9:35:36 AM
MS. FENUMIAI continued with the sectional analysis. She said
that Sections 13 to 18 all have to do with changing candidate
withdrawal deadlines. Section 19 addresses judicial candidates.
Section 20 was previously mentioned. Section 21 adds the federal
definition of absentee uniformed services voters and overseas
voters. Section 22 adjusts language in Title 29 to make it
harmonious with Title 15 language allowing municipal clerks to
serve as absentee voting officials.
She said Section 23 is the "repealer section", which repeals the
provision of receipt of ballots with overseas postmarks, repeals
the allowance for an absentee application from a uniformed
military overseas citizen currently set for two consecutive
elections, and repeals the requirement to send special absentee
ballots now that ballots are available 45 days prior to the
election.
9:37:17 AM
CHAIR DYSON wondered what happens if a candidate has survived
the primary and then withdraws.
MS. FENUMIAI replied that the party can replace the candidate if
the candidate withdraws by the deadline set in statute. SB 44
does not change that provision.
CHAIR DYSON asked what the time period is.
MS. FENUMIAI said currently it is 48 days before the general
election; SB 44 proposes to change it to 64 days before the
election. She said that is to allow adequate time for the
division to start printing ballots. Currently, there is a three-
day window between day 48 before the election and day 45 in
which ballots have to be printed and in the mail to uniformed
overseas voters.
CHAIR DYSON opened public testimony.
9:39:01 AM
KATHIE WASSERMAN, Executive Director, Alaska Municipal League,
voiced concerns about Sections 18 and 3, which allow municipal
clerks to serve absentee votes. She reminded the committee that
agencies must tighten their belts, and this bill has
ramifications of providing more work for municipal clerks. She
did not agree with the word "allow" to describe having municipal
clerks assume more job tasks. She cautioned that in small
communities the municipal clerk is often the only employee and
may not even be paid full time. She suggested this bill may be a
burden on the clerks. She offered to do more research on the
subject.
9:40:27 AM
SENATOR WIELECHOWSKI said he was curious to hear how rural
villages are impacted by this bill.
MS. WASSERMAN opined that it is a problem. Most municipalities,
other than Anchorage, have their local elections in October and
the federal election is in November. Now there would be another
one to prepare for in August.
CHAIR DYSON said some people in Anchorage would agree.
He noted that the state will be running the elections for the
local REAA advisory boards, which might relieve some of the
local burden.
MS. WASSERMAN replied that the people who are on the ground are
always the local people; the state will not be in the rural
areas doing the work.
CHAIR DYSON held SB 44 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 44 - Sponsor Statement Governor.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 44 |
| SB 44 - Sectional Analysis.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 44 |
| SB0044A.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 44 |
| SB 44 - Fiscal Note Div Elections.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 44 |
| SB 44 - Fiscal Note DEED.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 44 |
| SB 45 - Sponsor Statement.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 45 |
| SB0045A.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 45 |
| SB 45 - Fiscal Note DOA-DMV-2-23-13.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 45 |
| SB 44 - Committee Substitute SB 44U.pdf |
SSTA 2/28/2013 9:00:00 AM |
SB 44 |