Legislature(1995 - 1996)

02/23/1995 01:40 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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                     HOUSE FINANCE COMMITTEE                                   
                        FEBRUARY 23, 1995                                      
                            1:40 P.M.                                          
                                                                               
  TAPE HFC 95 - 30, Side 1, #000 - end.                                        
  TAPE HFC 95 - 30, Side 2, #000 - #147.                                       
                                                                               
  CALL TO ORDER                                                                
                                                                               
  Co-Chair  Mark Hanley  called  the  House Finance  Committee                 
  meeting to order at 1:40 P.M.                                                
                                                                               
  PRESENT                                                                      
                                                                               
  Co-Chair Hanley               Representative Kohring                         
  Co-Chair Foster               Representative Martin                          
  Representative Mulder         Representative Kelly                           
  Representative Brown          Representative Parnell                         
  Representative Grussendorf    Representative Therriault                      
                                                                               
  Representative Navarre was not present for the meeting.                      
                                                                               
  ALSO PRESENT                                                                 
                                                                               
  Representative   Jerry   Mackie;   Tom    Anderson,   Staff,                 
  Representative Martin; Jack Chenoweth, Attorney, Legislative                 
  Legal Counsel, Legislative Affairs Agency; Dave  Koivunemei,                 
  Acting Director, Division  of Elections,  Office of the  Lt.                 
  Governor.                                                                    
                                                                               
  SUMMARY                                                                      
  HB 42     An Act relating to absentee  voting, to electronic                 
            transmission of absentee ballot  applications, and                 
            to  delivery   of  ballots   to  absentee   ballot                 
            applicants   by   electronic   transmission,   and                 
            enacting a definition of the term 'state election'                 
            for purposes of absentee voting.                                   
                                                                               
            CS HB 42 (STA) was  reported out of Committee with                 
            a "do pass" recommendation and  with a fiscal note                 
            by the Office of the Governor.                                     
  HB 132    An Act repealing the ability of persons seeking an                 
            elective  state executive  office  or  a state  or                 
            national  legislative  office   to  petition   for                 
            inclusion  of  their names  on  the  state general                 
            election  ballot;  requiring  candidates   of  all                 
            political   groups  for   a   state  or   national                 
            legislative office to compete at the state primary                 
                                                                               
                                1                                              
                                                                               
                                                                               
            election for the placement on the general election                 
            ballot of the name of  the one candidate from each                 
            political group that  receives the greatest number                 
            of  votes cast;  and  requiring candidates  of all                 
            political  groups for  state  executive office  to                 
            compete  at  the state  primary  election for  the                 
            placement on the  general election  ballot of  the                 
            name of the  one candidate for governor  from each                 
            political group that  receives the greatest number                 
            of votes cast  and the name  of the one  candidate                 
            for lieutenant  governor from  the same  political                 
            group that  receives the greatest number  of votes                 
            cast.                                                              
                                                                               
            CS HB 132 (FIN) was reported out of Committee with                 
            a "do pass" recommendation and  with a zero fiscal                 
            note by the Office of the Governor.                                
  HOUSE BILL 42                                                                
                                                                               
       "An  Act  relating to  absentee  voting,  to electronic                 
       transmission of  absentee ballot  applications, and  to                 
       delivery  of ballots to  absentee ballot  applicants by                 
       electronic transmission,  and enacting a  definition of                 
       the  term 'state  election'  for purposes  of  absentee                 
       voting."                                                                
                                                                               
  JOHN ANDERSON, STAFF, REPRESENTATIVE TERRY MARTIN, explained                 
  that HB 42 would  allow residents of Alaska who  were voting                 
  absentee to  utilize electronic transmission  (fax), whether                 
  in-state, out-of-state in  the United States, or  outside of                 
  the United States.                                                           
                                                                               
  He  added  that  the  national  trend is  to  expand  voting                 
  practices and allow  those individuals  voting absentee  the                 
  most expeditious means  by which to  cast their ballot.   In                 
  terms of Alaska's  requirements, there is a 36-45 day ballot                 
  transmission  time.    Ballots would  be  mailed  21-30 days                 
  before the election.  Marked ballots mailed by voters within                 
  the United States would be counted  if postmarked by the day                 
  of the election.                                                             
                                                                               
  Mr. Anderson concluded, the purpose of the legislation would                 
  be to decrease lost, delayed, or denied absentee ballots due                 
  to  time  restraints.   The  use of  electronic transmission                 
  maintains   confidentiality   while  furthering   speed  and                 
  efficiency.    In  essence,  it  would  expand  the  use  of                 
  alternative  voting procedures which, if not utilized, might                 
  otherwise disenfranchise an Alaskan resident voting absentee                 
  when time is important.                                                      
                                                                               
  Representative Brown  asked if  a definition  of "electronic                 
                                                                               
                                2                                              
                                                                               
                                                                               
  transmission" existed at this time.   Mr. Anderson commented                 
  that currently there is not a definition in the legislation,                 
  although he thought one could be added.  He added, that  the                 
  former  Division  of  Elections  Director Swanson  requested                 
  changing "facsimile"  to  "electronic  transmission"  in  an                 
  attempt  to address  monitorization.   Representative  Brown                 
  asked other means of voting would be used.                                   
  DAVE  KOIVUNEMEI, ACTING  DIRECTOR,  DIVISION OF  ELECTIONS,                 
  OFFICE OF THE  LT. GOVERNOR, advised that the  Division will                 
  be  handling  the  elections   primarily  by  fax,  although                 
  applications  can be  sent by  other electronic  means.   He                 
  added, the proposed  legislation supports transmission being                 
  accomplished  as  securely  as  possible.    Mr.  Koivunemei                 
  pointed out that a specific fax line would be established as                 
  a dedicated line.                                                            
                                                                               
  Representative Brown  questioned which  section of  the bill                 
  clarified  that  the voting  process must be  secured.   Mr.                 
  Koivunemei  noted  that  Section 1  spoke  to  that concern.                 
  Representative  Brown recommended adding language to Page 2,                 
  Line   18,   following   "electronic  transmission   number"                 
  inserting "or address".   She  asserted that language  would                 
  clarify how  the ballot would  be returned.   Mr. Koivunemei                 
  interjected that applications are  accepted by fax, although                 
  if  an  address was  provided, the  ballot could  be mailed.                 
  Representative   Brown   recommended   that  inserting   the                 
  additional language would clarify the intent.                                
                                                                               
  Co-Chair Hanley suggested as the  legislation is now written                 
  the intent could read either way.  Mr. Koivunemei noted that                 
  no one  would be  denied  a ballot  without the  recommended                 
  language change.                                                             
                                                                               
  Representative Therriault questioned language  in Section 3,                 
  Page 2, the switch from [4] to [7] days  before the election                 
  in which the absentee  ballot could legally be sought.   Mr.                 
  Koivunemei  explained  that  the  change  resulted from  the                 
  unpredictability weather conditions and  other interferences                 
  in  the   non  urban  communities   which  would   interrupt                 
  applications arriving on time.                                               
                                                                               
  Representative Kohring  suggested adding a  fax transmission                 
  for voter registration.   Mr. Koivunemei did not  think that                 
  would  be  a problem.   Mr.  Anderson  pointed out  that the                 
  Senate  Judiciary  Committee  had  added  that  language  to                 
  similar  legislation  last  year.     Representative  Martin                 
  thought  that legislators  might be  uncomfortable with  the                 
  addition of that language and  that he would not want  it to                 
  complicate the passage of HB 42.                                             
                                                                               
  Representative   Mulder   questioned    the   fiscal    note                 
  expenditures referencing the purchase  of three fax machines                 
                                                                               
                                3                                              
                                                                               
                                                                               
  every two years.   He urged a  one time purchase.   Co-Chair                 
  Hanley recommended  removing  the $8  thousand  dollars  for                 
  remaining years.   Mr. Koivunemei commented that  the fiscal                 
  note  had been  difficult to project  with no  past evidence                 
  from which to base it.                                                       
                                                                               
  Representative  Brown  suggested returning  to  the original                 
  bill  language which  would  make it  easier  for people  to                 
  register  to  vote.    Representative  Mulder  reminded  the                 
  Committee that last  year, the same legislation did not pass                 
  the Senate because  of concerns  with privacy and  security.                 
  Representative  Brown  emphasized  that  voter  registration                 
  would not have any relationship to privacy or security.  She                 
  reiterated that voter registration should be public.                         
                                                                               
  Representative Brown MOVED to adopt the original language of                 
  HB 42, and  not use the language adopted by  the House State                 
  Affairs Committee.  Representative Mulder OBJECTED.                          
                                                                               
  A roll call was taken on the MOTION.                                         
                                                                               
       IN FAVOR:      Brown                                                    
       OPPOSED:       Martin,  Mulder,   Parnell,  Therriault,                 
                      Grussendorf,  Kelly,   Kohring,  Hanley,                 
                      Foster                                                   
                                                                               
  Representative Navarre was not present for the vote.                         
                                                                               
  The MOTION FAILED (1-9).                                                     
                                                                               
  Representative Mulder MOVED to report CS  HB 42 (STA) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  revised fiscal note.   There being  NO OBJECTION, it was  so                 
  ordered.                                                                     
                                                                               
  CS HB  42 (STA)  was reported out  of Committee  with a  "do                 
  pass"  recommendation and with a  revised fiscal note by the                 
  Office of the Governor.                                                      
  HOUSE BILL 132                                                               
                                                                               
       "An Act  repealing the  ability of  persons seeking  an                 
       elective state executive office or  a state or national                 
       legislative  office to petition  for inclusion of their                 
       names on  the state general election  ballot; requiring                 
       candidates  of  all  political groups  for  a  state or                 
       national  legislative office  to compete  at the  state                 
       primary election  for  the  placement  on  the  general                 
       election ballot  of the name of the  one candidate from                 
       each political  group that receives the greatest number                 
       of   votes  cast;  and   requiring  candidates  of  all                 
       political groups for state  executive office to compete                 
                                                                               
                                4                                              
                                                                               
                                                                               
       at the state  primary election for the placement on the                 
       general  election  ballot  of  the   name  of  the  one                 
       candidate for  governor from each political  group that                 
       receives the greatest number of votes cast and the name                 
       of the one  candidate for lieutenant governor  from the                 
       same  political group that receives the greatest number                 
       of votes cast."                                                         
                                                                               
  REPRESENTATIVE JERRY MACKIE explained that he  introduced HB
  132  in  order to  bring  parity  to  the  State's  election                 
  process.   The provision  of the  legislation would  require                 
  that  all  candidates for  State  elective office  enter the                 
  primary election contest.                                                    
                                                                               
  HB 132 would  place all candidates before  the electorate on                 
  an equal footing.  All candidates would be required to be in                 
  the primary election.  He added, just as the top vote getter                 
  to each political group will move on to the general election                 
  ballot,   so  too  will  the   top  vote  getter  among  all                 
  independent candidates for a particular elective office.  In                 
  this matter, the  electorate will have an  equal opportunity                 
  to view and  assess all candidates  for an elective  office.                 
  And then  each candidate will  be equally challenged  by the                 
  election process.                                                            
                                                                               
  Representative Kelly  questioned  the  legal  definition  of                 
  "qualified voters" as referenced in Section #10 contained in                 
  the proposed committee substitute dated 2/14/95.                             
                                                                               
  (Tape Change, HFC 95-30, Side 2).                                            
                                                                               
  Mr. Koivunemei noted  the statute definition of  a qualified                 
  voter, AS  15.60.010, Section  25:   "A person  who has  the                 
  qualification  of  a  voter,  and  is  not  disqualified  as                 
  provided   in   Article  4,   Section   II,  of   the  State                 
  Constitution".  Discussion followed regarding the registered                 
  status of a voter at the time of signing a petition.                         
                                                                               
  JACK   CHENOWETH,   ATTORNEY,  LEGISLATIVE   LEGAL  COUNSEL,                 
  LEGISLATIVE AFFAIRS AGENCY, explained that if the person was                 
  required  to  be registered  at the  time  that they  sign a                 
  petition, would require  a change  in the statute  law.   He                 
  pointed out  that there  are several  pieces of  legislation                 
  which could include that qualification stipulation.                          
                                                                               
  Co-Chair  Foster  MOVED  to  adopt  committee  substitute 9-                 
  LS0481\F,  Chenoweth, 2/14/95,  as  the  version before  the                 
  Committee.  Representative Mackie assured the Committee that                 
  the  committee  substitute  only  contained  "house  keeping                 
  changes" recommended  by the Office  of the Lt.  Governor in                 
  order to make the legislation consistent with State statute.                 
  There  being  NO  OBJECTION, to  adoption  of  the committee                 
                                                                               
                                5                                              
                                                                               
                                                                               
  substitute, it was so ordered.                                               
                                                                               
  Mr. Koivunemei recommended a language change to Page 4, Line                 
  25,  deleting  "and" and  inserting  "or".   Co-Chair Foster                 
  MOVED  the language  change recommended  by Mr.  Koivunemei.                 
  There being NO OBJECTION, it was adopted.                                    
                                                                               
  Co-Chair  Foster  MOVED to  report CS  HB  132 (FIN)  out of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There being NO OBJECTIONS, it was                 
  so ordered.                                                                  
                                                                               
  CS HB  132 (FIN) was  reported out of  Committee with  a "do                 
  pass"  recommendation  and  with a  zero  fiscal  note dated                 
  2/15/95.                                                                     
  ADJOURNMENT                                                                  
                                                                               
  The meeting adjourned at 2:30 P.M.                                           

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