05/12/2023 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB4 | |
| SB53 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 4 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 53 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 12, 2023
2:46 p.m.
DRAFT
MEMBERS PRESENT
Representative Sarah Vance, Chair
Representative Jamie Allard, Vice Chair
Representative Ben Carpenter
Representative Craig Johnson
Representative David Eastman
Representative Andrew Gray
Representative Cliff Groh
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 4
"An Act relating to elections."
- MOVED HB 4 OUT OF COMMITTEE
CS FOR SENATE BILL NO. 53(FIN) AM
"An Act relating to competency to stand trial; relating to
involuntary civil commitments; and relating to victims' rights
during certain civil commitment proceedings."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 4
SHORT TITLE: ELECTIONS: REPEAL RANKED CHOICE VOTING
SPONSOR(s): REPRESENTATIVE(s) VANCE
01/19/23 (H) PREFILE RELEASED 1/9/23
01/19/23 (H) READ THE FIRST TIME - REFERRALS
01/19/23 (H) STA, JUD
05/02/23 (H) STA AT 3:00 PM GRUENBERG 120
05/02/23 (H) Heard & Held
05/02/23 (H) MINUTE(STA)
05/09/23 (H) STA AT 3:00 PM GRUENBERG 120
05/09/23 (H) Moved HB 4 Out of Committee
05/09/23 (H) MINUTE(STA)
05/10/23 (H) STA RPT 4DP 1DNP
05/10/23 (H) DP: ALLARD, CARPENTER, WRIGHT, SHAW
05/10/23 (H) DNP: STORY
05/10/23 (H) FIN REFERRAL ADDED AFTER JUD
05/10/23 (H) BILL REPRINTED
05/10/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/10/23 (H) Heard & Held
05/10/23 (H) MINUTE(JUD)
05/11/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/11/23 (H) Heard & Held
05/11/23 (H) MINUTE(JUD)
05/12/23 (H) JUD AT 1:00 PM GRUENBERG 120
BILL: SB 53
SHORT TITLE: COMPETENCY; INVOLUNTARY CIVIL COMMITMENTS
SPONSOR(s): SENATOR(s) CLAMAN
02/01/23 (S) READ THE FIRST TIME - REFERRALS
02/01/23 (S) HSS, JUD
02/21/23 (S) HSS AT 3:30 PM BUTROVICH 205
02/21/23 (S) Heard & Held
02/21/23 (S) MINUTE(HSS)
02/28/23 (S) HSS AT 3:30 PM BUTROVICH 205
02/28/23 (S) Heard & Held
02/28/23 (S) MINUTE(HSS)
03/09/23 (S) HSS AT 3:30 PM BUTROVICH 205
03/09/23 (S) Moved CSSB 53(HSS) Out of Committee
03/09/23 (S) MINUTE(HSS)
03/10/23 (S) HSS RPT CS 3NR 2AM NEW TITLE
03/10/23 (S) AM: WILSON, TOBIN
03/10/23 (S) NR: DUNBAR, GIESSEL, KAUFMAN
03/10/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/10/23 (S) Heard & Held
03/10/23 (S) MINUTE(JUD)
03/15/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/15/23 (S) <Bill Hearing Canceled>
03/22/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/22/23 (S) <Bill Hearing Canceled>
03/24/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/24/23 (S) <Bill Hearing Canceled>
03/29/23 (S) JUD AT 1:30 PM BUTROVICH 205
03/29/23 (S) Heard & Held
03/29/23 (S) MINUTE(JUD)
04/05/23 (S) JUD AT 1:30 PM BUTROVICH 205
04/05/23 (S) Moved CSSB 53(JUD) Out of Committee
04/05/23 (S) MINUTE(JUD)
04/07/23 (S) JUD RPT CS 2DP 1NR 2AM NEW TITLE
04/07/23 (S) DP: CLAMAN, KAUFMAN
04/07/23 (S) NR: GIESSEL
04/07/23 (S) AM: TOBIN, KIEHL
04/11/23 (S) FIN REFERRAL ADDED AFTER JUD
04/19/23 (S) FIN AT 1:30 PM SENATE FINANCE 532
04/19/23 (S) Heard & Held
04/19/23 (S) MINUTE(FIN)
05/03/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
05/03/23 (S) Heard & Held
05/03/23 (S) MINUTE(FIN)
05/03/23 (S) FIN AT 1:30 PM SENATE FINANCE 532
05/03/23 (S) Scheduled but Not Heard
05/04/23 (S) FIN AT 9:00 AM SENATE FINANCE 532
05/04/23 (S) Moved CSSB 53(FIN) Out of Committee
05/04/23 (S) MINUTE(FIN)
05/08/23 (S) FIN RPT CS 3DP 1NR 2AM NEW TITLE
05/08/23 (S) DP: HOFFMAN, OLSON, BISHOP
05/08/23 (S) NR: KIEHL
05/08/23 (S) AM: WILSON, MERRICK
05/08/23 (S) TRANSMITTED TO (H)
05/08/23 (S) VERSION: CSSB 53(FIN) AM
05/09/23 (H) READ THE FIRST TIME - REFERRALS
05/09/23 (H) JUD, FIN
05/09/23 (H) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23(A)
05/10/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/10/23 (H) Heard & Held
05/10/23 (H) MINUTE(JUD)
05/12/23 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
THOMAS FLYNN, Assistant Attorney General
Labor and State Affairs Section
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
4.
CAROL BEECHER, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
4.
NOAH KLEIN, Attorney
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
4.
SENATOR MATT CLAMAN
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 53(FIN) AM, as the prime sponsor.
STEVEN BOOKMAN, Senior Assistant Attorney General
Human Services Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 53(FIN) AM.
KRISTY BECKER, PhD
Director of Clinical Services
Division of Alaska Psychiatric Institute
Department of Family and Community Services
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on
CSSB 53(FIN) AM.
ACTION NARRATIVE
2:46:11 PM
CHAIR SARAH VANCE called the House Judiciary Standing Committee
meeting to order at 2:46 p.m. Representatives Carpenter, C.
Johnson, Eastman, Gray, Groh, Allard, and Vance were present at
the call to order.
HB 4-ELECTIONS: REPEAL RANKED CHOICE VOTING
2:47:28 PM
CHAIR VANCE announced that the first order of business would be
HOUSE BILL NO. 4, "An Act relating to elections."
2:47:54 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 1 to HB 4,
labeled 33-LS0094\B.3, Klein, 5/11/23, which read:
Page 1, following line 2:
Insert new bill sections to read:
"* Section 1. AS 15.07.050(a) is amended to read:
(a) Registration may be made
(1) in person before a registration
official or through a voter registration agency;
(2) by another individual on behalf of the
voter if the voter has executed a written general
power of attorney or a written special power of
attorney authorizing that other individual to register
the voter;
(3) by mail;
(4) by facsimile transmission, scanning, or
another method of electronic transmission that the
director approves; or
(5) by requesting to be registered as a
voter by checking a box that clearly indicates that
the applicant is requesting to be registered on
[COMPLETING] a permanent fund dividend application
form under AS 43.23.015.
* Sec. 2. AS 15.07.060(e) is amended to read:
(e) For an applicant requesting initial
registration by mail, by a form of [FACSIMILE OR
OTHER] electronic transmission approved by the
director under AS 15.07.050, or by requesting
registration on [COMPLETING] a permanent fund dividend
application form and including the information
required under (a)(1) - (4) and (7) - (9) of this
section, the director shall verify the information
provided in compliance with (a)(2) and (3) of this
section through state agency records described in
AS 15.07.055(e). If the applicant cannot comply with
the requirement of (a)(2) of this section because the
applicant has not been issued any of the listed
numbers, the applicant may instead submit a copy of
one of the following forms of identification: a
driver's license, state identification card, current
and valid photo identification, birth certificate,
passport, or hunting or fishing license.
* Sec. 3. AS 15.07.070(i) is amended to read:
(i) The division shall register voters under (j)
- (m) of this section who request to be registered on
a permanent fund dividend application form submitted
under AS 43.23.015 to the Department of Revenue. The
director shall treat an eligible permanent fund
dividend applicant who requests to be registered as a
new or updated registered voter, unless the permanent
fund dividend applicant does not provide the
information required under AS 15.07.060(a)(1) - (4)
and (7) - (9) [SUBMIT AN APPLICATION TO RECEIVE A
PERMANENT FUND DIVIDEND IN ACCORDANCE WITH (j) - (m)
OF THIS SECTION].
* Sec. 4. AS 15.07.070(k) is amended to read:
(k) Upon receipt of the registration
information, the director shall, as soon as
practicable and in accordance with a schedule
established by the director by rule, process the
registration information received and notify, by
United States mail and any other means authorized by
the director, each applicant who requested
registration of the applicant's registration status
[NOT ALREADY REGISTERED TO VOTE] at the address
provided in the applicant's application
[(1) OF THE PROCESSES TO
(A) DECLINE TO BE REGISTERED AS A VOTER;
(B) MAINTAIN AN EXISTING VOTER REGISTRATION
OR BE NEWLY REGISTERED AT A VALID PLACE OF RESIDENCE
NOT PROVIDED IN THE APPLICANT'S APPLICATION; AND
(C) ADOPT A POLITICAL PARTY AFFILIATION;
AND
(2) THAT FAILURE TO RESPOND TO THE
NOTIFICATION SHALL CONSTITUTE THE APPLICANT'S CONSENT
TO CANCEL ANY REGISTRATION TO VOTE IN ANOTHER
JURISDICTION].
* Sec. 5. AS 15.07.070(l) is amended to read:
(l) If an applicant requests [DOES NOT DECLINE]
to be registered as a voter, the [WITHIN 30 CALENDAR
DAYS AFTER THE DIRECTOR ISSUES THE NOTIFICATION, THE
APPLICATION UNDER AS 43.23.015 WILL CONSTITUTE A
COMPLETED REGISTRATION FORM. THE] name of the
applicant shall be placed on the master register if
the director determines that the person is qualified
to vote under AS 15.05.010, and the director shall
forward to the applicant a registration card. If
registration is denied, the applicant shall
immediately be informed in writing that registration
was denied and the reason for denial."
Page 1, line 3:
Delete "Section 1"
Insert "Sec. 6"
Renumber the following bill sections accordingly.
Page 33, following line 15:
Insert new bill sections to read:
"* Sec. 67. AS 43.23.015(b) is amended to read:
(b) The department shall prescribe and furnish
an application form for claiming a permanent fund
dividend. The application must include
(1) notice of the penalties provided for
under AS 43.23.270;
(2) a statement of eligibility and a
certification of residency;
(3) the means for an applicant eligible to
vote under AS 15.05, or a person authorized to act on
behalf of the applicant, to request that the applicant
be registered as a voter, to furnish information
required by AS 15.07.060(a)(1) - (4) and (7) - (9),
and to attest [AN ATTESTATION] that the [SUCH]
information is true.
* Sec. 68. AS 43.23.101 is amended to read:
Sec. 43.23.101. Voter registration. The
commissioner shall establish by rule a schedule by
which the commissioner [WILL PROVIDE, AND] shall
provide as soon as [IS] practicable the director of
elections with
(1) electronic records from the permanent
fund dividend applications with [OF] the information
required under [BY] AS 15.07.060(a)(1) - (4) and (7) -
(9) [,] and the attestation that the [SUCH]
information is true [,] for each permanent fund
dividend applicant who requested to be registered to
vote and is
(A) [IS] a citizen of the United States;
and
(B) [IS] at least 18 years of age or will
be within 90 days of the date of the application; and
(2) the mailing addresses for all permanent
fund dividend applicants."
Renumber the following bill section accordingly.
Page 33, following line 19:
Insert a new bill section to read:
"* Sec. 70. The uncodified law of the State of
Alaska is amended by adding a new section to read:
APPLICABILITY: PERMANENT FUND DIVIDEND
APPLICATIONS. The changes made by secs. 1 - 5, 67, and
68 of this Act apply to permanent fund dividend
applications filed on or after January 1, 2024."
REPRESENTATIVE CARPENTER objected for the purpose of discussion.
2:48:05 PM
REPRESENTATIVE EASTMAN explained that Amendment 1 would make the
option of registering to vote on the permanent fund dividend
(PFD) application form an opt-in process. Consequently, in
filing the dividend application, there would be no question as
to whether an individual's voter registration would be changed,
he said.
2:49:27 PM
REPRESENTATIVE ALLARD said she liked Amendment 1.
2:49:39 PM
REPRESENTATIVE GRAY asked how Amendment 1 would change the
current process. More specifically, he asked whether changes to
a person's voter registration address were automatically updated
upon filling out the PFD application.
CHAIR VANCE directed the question to Mr. Flynn.
2:50:58 PM
THOMAS FLYNN, Assistant Attorney General, Labor and State
Affairs Section, Department of Law (DOL), confirmed that
currently, the PFD automatic voter registration (AVR) was
automatic.
2:51:21 PM
CAROL BEECHER, Director, Division of Elections (DOE), Office of
the Lieutenant Governor, agreed with Mr. Flynn.
CHAIR VANCE asked whether Ms. Beecher was familiar with the
complaints concerning [voter registration] addresses.
MS. BEECHER said, in speaking with her staff, the division had
heard from many individuals who were unhappy with the address
change that occurred with the implementation of AVR.
2:52:41 PM
REPRESENTATIVE GRAY asked why people were using different
addresses for their voter registration and PFD application.
MS. BEEECHER did not know the answer.
REPRESENTATIVE ALLARD surmised that snowbirds may want to
provide different addresses on their PFD application and voter
registration.
REPRESENTATIVE GRAY theorized that individuals who vote in
Alaska would want to have their voter registration address in
Alaska. In the interest of election integrity, he said he would
want the [PFD application and voter registration] addresses to
be the same.
2:54:20 PM
REPRESENTATIVE EASTMAN reiterated that Amendment 1 would prevent
the system from automatically changing a persons' voter
registration address.
REPRESENTATIVE CARPENTER removed his objection to Amendment 1.
REPRESENTATIVE GRAY objected.
2:56:20 PM
The committee took a brief at-ease.
2:56:58 PM
A roll call vote was taken. Representatives C. Johnson,
Carpenter, Eastman, Allard, and Vance voted in favor of
Amendment 1. Representative Gray voted against it.
2:57:54 PM
CHAIR VANCE voided the roll.
2:58:00 PM
A roll call vote was taken. Representatives C. Johnson,
Carpenter, Eastman, Allard, and Vance voted in favor of
Amendment 1. Representatives Groh and Gray voted against it.
Therefore, Amendment 1 was adopted by a vote of 5-2.
2:58:42 PM
REPRESENTATIVE EASTMAN moved to adopt Amendment 2 to HB 4,
labeled 33-LS0094\B.4, Klein, 5/11/23, which read:
Page 3, following line 17:
Insert new bill sections to read:
"* Sec. 5. AS 15.13.040(j) is amended to read:
(j) Except as provided in (l) of this section,
each nongroup entity shall make a full report in
accordance with AS 15.13.110 on [UPON] a form
prescribed by the commission and certified by the
nongroup entity's treasurer [,] listing
(1) the name and address of each officer
and director of the nongroup entity;
(2) the aggregate amount of all
contributions made to the nongroup entity for the
purpose of influencing the outcome of an election;
(3) for all contributions described in (2)
of this subsection, the name, address, date, and
amount contributed by each contributor, and for all
contributions described in (2) of this subsection in
excess of $250 in the aggregate during a calendar
year, the principal occupation and employer of the
contributor [, AND FOR ALL CONTRIBUTIONS DESCRIBED IN
(2) OF THIS SUBSECTION IN EXCESS OF $2,000 IN THE
AGGREGATE DURING A CALENDAR YEAR, THE TRUE SOURCE OF
SUCH CONTRIBUTIONS AND ALL INTERMEDIARIES, IF ANY, WHO
TRANSFERRED SUCH FUNDS, AND A CERTIFICATION FROM THE
TREASURER THAT THE REPORT DISCLOSES ALL OF THE
INFORMATION REQUIRED BY THIS PARAGRAPH]; and
(4) the date and amount of all
contributions made by the nongroup entity, and, except
as provided for certain independent expenditures in
AS 15.13.135(a), all expenditures made, incurred, or
authorized by the nongroup entity, for the purpose of
influencing the outcome of an election; a nongroup
entity shall report contributions made to a different
nongroup entity for the purpose of influencing the
outcome of an election and expenditures made on behalf
of a different nongroup entity for the purpose of
influencing the outcome of an election as soon as the
total contributions and expenditures to that nongroup
entity for the purpose of influencing the outcome of
an election reach $500 in a year and for all
subsequent contributions and expenditures to that
nongroup entity in a year whenever the total
contributions and expenditures to that nongroup entity
for the purpose of influencing the outcome of an
election that have not been reported under this
paragraph reach $500.
* Sec. 6. AS 15.13.074(b) is amended to read:
(b) A person or group may not make a
contribution anonymously, using a fictitious name, or
using the name of another. [INDIVIDUALS, PERSONS,
NONGROUP ENTITIES, OR GROUPS SUBJECT TO
AS 15.13.040(r) MAY NOT CONTRIBUTE OR ACCEPT $2,000 OR
MORE OF DARK MONEY AS THAT TERM IS DEFINED IN
AS 15.13.400(5), AND MAY NOT MAKE A CONTRIBUTION WHILE
ACTING AS AN INTERMEDIARY WITHOUT DISCLOSING THE TRUE
SOURCE OF THE CONTRIBUTION AS DEFINED IN
AS 15.13.400(19).]"
Renumber the following bill sections accordingly.
Page 4, following line 5:
Insert a new bill section to read:
"* Sec. 8. AS 15.13.090(c) is amended to read:
(c) To satisfy the requirements of (a)(1) of
this section and, if applicable, (a)(2)(C) of this
section, a communication that includes a print or
video component must have the following statement or
statements placed in the communication so as to be
easily discernible [, AND, IN A BROADCAST, CABLE,
SATELLITE, INTERNET OR OTHER DIGITAL COMMUNICATION,
THE STATEMENT MUST REMAIN ONSCREEN THROUGHOUT THE
ENTIRETY OF THE COMMUNICATION]; the second statement
is not required if the person paying for the
communication has no contributors or is a political
party:
This communication was paid for by (person's name
and city and state of principal place of business).
The top contributors of (person's name) are (the name
and city and state of residence or principal place of
business, as applicable, of the largest contributors
to the person under AS 15.13.090(a)(2)(C))."
Renumber the following bill sections accordingly.
Page 4, following line 26:
Insert a new bill section to read:
"* Sec. 11. AS 15.13.390(a) is amended to read:
(a) A person who
[(1)] fails to register when required by
AS 15.13.050(a) or who fails to file a properly
completed and certified report within the time
required by AS 15.13.040, 15.13.060(b) - (d),
15.13.110(a)(1), (3), or (4), (e), or (f) is subject
to a civil penalty of not more than $50 a day for each
day the delinquency continues as determined by the
commission subject to right of appeal to the superior
court. A person who fails to file a properly completed
and certified report within the time required by
AS 15.13.110(a)(2) or 15.13.110(b) is subject to a
civil penalty of not more than $500 a day for each day
the delinquency continues as determined by the
commission subject to right of appeal to the superior
court. A person who [;
(2) WHETHER AS A CONTRIBUTOR OR
INTERMEDIARY, DELAYS IN REPORTING A CONTRIBUTION AS
REQUIRED BY AS 15.13.040(r) IS SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN $1,000 A DAY FOR EACH DAY THE
DELINQUENCY CONTINUES AS DETERMINED BY THE COMMISSION
SUBJECT TO RIGHT OF APPEAL TO THE SUPERIOR COURT;
(3) WHETHER AS A CONTRIBUTOR OR
INTERMEDIARY, MISREPORTS OR FAILS TO DISCLOSE THE TRUE
SOURCE OF A CONTRIBUTION IN VIOLATION OF
AS 15.13.040(r) OR 15.13.074(b) IS SUBJECT TO A CIVIL
PENALTY OF NOT MORE THAN THE AMOUNT OF THE
CONTRIBUTION THAT IS THE SUBJECT OF THE MISREPORTING
OR FAILURE TO DISCLOSE; UPON A SHOWING THAT THE
VIOLATION WAS INTENTIONAL, A CIVIL PENALTY OF NOT MORE
THAN THREE TIMES THE AMOUNT OF THE CONTRIBUTION IN
VIOLATION MAY BE IMPOSED; THESE PENALTIES AS
DETERMINED BY THE COMMISSION ARE SUBJECT TO RIGHT OF
APPEAL TO THE SUPERIOR COURT;
(4)] violates a provision of this chapter,
except a provision requiring registration or filing of
a report within a time required as otherwise specified
in this section, is subject to a civil penalty of not
more than $50 a day for each day the violation
continues as determined by the commission, subject to
right of appeal to the superior court. An [; AND
(5) IS ASSESSED A CIVIL PENALTY MAY SUBMIT
TO THE COMMISSION AN] affidavit stating facts in
mitigation; however, the imposition of the penalties
prescribed in this section or in AS 15.13.380 does not
excuse that person from registering or filing reports
required by this chapter."
Renumber the following bill sections accordingly.
Page 10, line 18, following first occurrence of
"election":
Insert ","
Page 11, line 15, following "after":
Insert "the"
Page 12, line 8, through page 15, line 20:
Delete all material and insert:
"* Sec. 26. AS 15.25.010 is amended to read:
Sec. 15.25.010. Provision for primary election.
Candidates for the elective state executive and state
and national legislative offices shall be nominated in
a primary election by direct vote of the people in the
manner prescribed by this chapter. The director shall
prepare and provide a primary election ballot for each
political party. A voter registered as affiliated with
a political party may vote that party's ballot. A
voter registered as nonpartisan or undeclared rather
than as affiliated with a particular political party
may vote the political party ballot of the voter's
choice unless prohibited from doing so under
AS 15.25.015. A voter registered as affiliated with a
political party may not vote the ballot of a different
political party unless permitted to do so under
AS 15.25.015 [THE PRIMARY ELECTION DOES NOT SERVE TO
DETERMINE THE NOMINEE OF A POLITICAL PARTY OR
POLITICAL GROUP BUT SERVES ONLY TO NARROW THE NUMBER
OF CANDIDATES WHOSE NAMES WILL APPEAR ON THE BALLOT AT
THE GENERAL ELECTION. EXCEPT AS PROVIDED IN
AS 15.25.100(d), ONLY THE FOUR CANDIDATES WHO RECEIVE
THE GREATEST NUMBER OF VOTES FOR ANY OFFICE SHALL
ADVANCE TO THE GENERAL ELECTION].
* Sec. 27. AS 15.25 is amended by adding a new
section to read:
Sec. 15.25.015. Participation in primary election
selection of a political party's candidates. (a) Not
later than 5:00 p.m., Alaska time, on September 1 of
the calendar year before the calendar year in which a
primary election is to be held, a political party
shall submit a notice in writing to the director
stating whether the party bylaws expand or limit who
may participate in the primary election for selection
of the party's candidates for elective state executive
and state and national legislative offices. A copy of
the party's bylaws expanding or limiting who may
participate in the primary election for selection of
the party's candidates, documentation required under
(b) of this section, and other information required by
the director, must be submitted along with the notice.
The notice, bylaws, documentation, and other
information required by the director shall be provided
by the party's chairperson or another party official
designated by the party's bylaws.
(b) Once a political party timely submits a
notice and bylaws under (a) of this section and the
director finds that the party has met the requirements
of this chapter and other applicable laws, the
director shall permit a voter registered as affiliated
with another party to vote the party's ballot if the
voter is permitted by the party's bylaws to
participate in the selection of the party's candidates
and may not permit a voter registered as nonpartisan
or undeclared to vote a party's ballot if the party's
bylaws restrict participation by nonpartisan or
undeclared voters in the party's primary; however, for
a subsequent primary election, the party shall timely
submit another notice, bylaws, documentation, and
other information under (a) of this section if the
party's bylaws regarding who may participate in the
primary election for selection of the party's
candidates change.
(c) Party bylaws required to be submitted under
(a) of this section must be precleared by the United
States Department of Justice under 42 U.S.C. 1973c
(sec. 5, Voting Rights Act of 1965) before submission.
Documentation of the preclearance must accompany the
bylaws submitted under (a) of this section.
* Sec. 28. AS 15.25.030(a) is amended to read:
(a) A member of a political party [PERSON] who
seeks to become a candidate of the party in the
primary election [OR A SPECIAL PRIMARY ELECTION] shall
execute and file a declaration of candidacy. The
declaration shall be executed under oath before an
officer authorized to take acknowledgments and must
state in substance
(1) the full name of the candidate;
(2) the full mailing address of the
candidate;
(3) if the candidacy is for the office of
state senator or state representative, the house or
senate district of which the candidate is a resident;
(4) the office for which the candidate
seeks nomination;
(5) the name of the political party of
which the person is a candidate for nomination [OR
POLITICAL GROUP WITH WHICH THE CANDIDATE IS REGISTERED
AS AFFILIATED, OR WHETHER THE CANDIDATE WOULD PREFER A
NONPARTISAN OR UNDECLARED DESIGNATION PLACED AFTER THE
CANDIDATE'S NAME ON THE BALLOT];
(6) the full residence address of the
candidate, and the date on which residency at that
address began;
(7) the date of the primary election [OR
SPECIAL PRIMARY ELECTION] at which the candidate seeks
nomination;
(8) the length of residency in the state
and in the district of the candidate;
(9) that the candidate will meet the
specific citizenship requirements of the office for
which the person is a candidate;
(10) that the candidate is a qualified
voter as required by law;
(11) that the candidate will meet the
specific age requirements of the office for which the
person is a candidate; if the candidacy is for the
office of state representative, that the candidate
will be at least 21 years of age on the first
scheduled day of the first regular session of the
legislature convened after the election; if the
candidacy is for the office of state senator, that the
candidate will be at least 25 years of age on the
first scheduled day of the first regular session of
the legislature convened after the election; if the
candidacy is for the office of governor or lieutenant
governor, that the candidate will be at least 30 years
of age on the first Monday in December following
election or, if the office is to be filled by special
election under AS 15.40.230 - 15.40.310, that the
candidate will be at least 30 years of age on the date
of certification of the results of the special
election; or, for any other office, by the time that
the candidate, if elected, is sworn into office;
(12) that the candidate requests that the
candidate's name be placed on the primary [ELECTION OR
SPECIAL PRIMARY] election ballot;
(13) that the required fee accompanies the
declaration;
(14) that the person is not a candidate for
any other office to be voted on at the primary or
general election and that the person is not a
candidate for this office under any other declaration
of candidacy or nominating petition;
(15) the manner in which the candidate
wishes the candidate's name to appear on the ballot;
and
(16) that the candidate is registered to
vote as a member of the political party whose
nomination is being sought [IF THE CANDIDACY IS FOR
THE OFFICE OF THE GOVERNOR, THE NAME OF THE CANDIDATE
FOR LIEUTENANT GOVERNOR RUNNING JOINTLY WITH THE
CANDIDATE FOR GOVERNOR; AND
(17) IF THE CANDIDACY IS FOR THE OFFICE OF
LIEUTENANT GOVERNOR, THE NAME OF THE CANDIDATE FOR
GOVERNOR RUNNING JOINTLY WITH THE CANDIDATE FOR
LIEUTENANT GOVERNOR]."
Page 16, line 14, through page 17, line 20:
Delete all material and insert:
"* Sec. 30. AS 15.25.060 is repealed and reenacted
to read:
Sec. 15.25.060. Preparation and distribution of
ballots; appropriate ballot. (a) The primary election
ballots shall be prepared and distributed by the
director in the manner prescribed in this section. The
director shall prepare and provide a primary election
ballot for each political party that contains all of
the candidates of that party for elective state
executive and state and national legislative offices
and all of the ballot titles and propositions required
to appear on the ballot at the primary election. The
director shall print the ballots on white paper and
place the names of all candidates who have properly
filed in groups according to offices. The order of the
placement of the names for each office shall be as
provided for the general election ballot. Blank spaces
may not be provided on the ballot for the writing or
pasting in of names. The director shall also prepare
and print a separate primary election ballot including
only the ballot titles and propositions required to
appear on the ballot.
(b) A voter may vote only one primary election
ballot. A voter may vote a political party ballot only
if the voter is registered as affiliated with that
party, is allowed to participate in the party primary
under the party's bylaws, or is registered as
nonpartisan or undeclared rather than as affiliated
with a particular political party and the party's
bylaws do not restrict participation by nonpartisan or
undeclared voters in the party's primary. For the
purpose of determining which primary election ballot a
voter may use, a voter's party affiliation is
considered to be the affiliation registered with the
director as of the 30th day before the primary
election. If a voter changes party affiliation within
the 30 days before the primary election, the voter's
previous party affiliation shall be used for the
determination under this subsection.
(c) If a voter is not voting in person and has
requested an absentee ballot or special needs ballot
but has not indicated a choice of ballot, the director
shall provide the voter with the ballot listing the
candidates of the political party or group with which
the voter is affiliated, as determined under (b) of
this section."
Page 33, lines 16 - 19:
Delete all material and insert:
"* Sec. 66. AS 15.13.040(r), 15.13.070(g),
15.13.090(g), 15.13.110(k), 15.13.400(5),
15.13.400(15), 15.13.400(19); AS 15.15.025,
15.15.030(14), 15.15.030(15), 15.15.030(16),
15.15.030(17), 15.15.060(e), 15.15.350(c),
15.15.350(d), 15.15.350(e), 15.15.350(f),
15.15.350(g); AS 15.58.020(a)(13), 15.58.020(c); and
AS 15.80.010(34) are repealed."
REPRESENTATIVE C. JOHNSON objected for the purpose of
discussion.
REPRESENTATIVE EASTMAN stated that Amendment 2 would repeal
Ballot Measure 2 [Top-Four Ranked-Choice Voting and Campaign
Finance Laws Initiative (2020)].
2:59:58 PM
REPRESENTATIVE CARPENTER shared his understanding that the
underlying bill was repealing Ballot Measure 2. He questioned
the necessity of the proposed amendment.
3:00:19 PM
The committee took a brief at-ease.
3:01:42 PM
CHAIR VANCE asked Representative Eastman to walk the committee
through Amendment 2.
REPRESENTATIVE EASTMAN stated that HB 4 was a partial repeal of
Ballot Measure 2, describing it more specifically, as a repeal
of ranked choice voting (RCV). Amendment 2, he said, would make
the bill a complete repeal of Ballot Measure 2 with the only
exception being the slight change to the definition of
"political party," which was changed in state law after the
passage of Ballot Measure 2.
3:03:28 PM
CHAIR VANCE asked whether Amendment 2 included the updates of
the court cases specifically outlined in HB 4.
REPRESENTATIVE EASTMAN said for clarity, Amendment 2 proposed a
straight repeal of Ballot Measure 2. However, he believed that
[the court cases] were a valid concern that were worth
addressing.
CHAIR VANCE explained that she had received complaints from
constituents who had received letters in the mail regarding fees
imposed by the Alaska Public offices Commission (APOC) for
making a contribution to a ballot measure. She asked whether
that was a result of Ballot Measure 2, which Amendment 2 sought
to repeal.
MR. FLYNN offered to follow up with the requested information
after referring with an APOC attorney.
CHAIR VANCE asked Mr. Klein whether the action faced by her
constituent was a result of Ballot Measure 2, which Amendment 2
sought to repeal.
3:05:53 PM
NOAH KLEIN, Attorney, Legislative Legal Services, Legislative
Affairs Agency (LAA), deferred to AOPOC on questions related to
the campaign finance statutes.
3:06:11 PM
REPRESENTATIVE EASTMAN said he had received similar complaints
from Alaskans. He explained that Ballot Measure 2 implemented a
double reporting requirement, making it so the donor must also
submit a report [to APOC]. He explained that because Amendment
2 sought to repeal all of Ballot Measure 2, that requirement
would be eliminated as well.
REPRESENTATIVE CARPENTER pointed out that some people liked
seeing the top contributors listed on [political]
advertisements, which would be eliminated from broadcast, cable,
and other digital communications, [should Amendment 2 pass].
CHAIR VANCE shared her belief that some provisions need to be
cleaned up, including the [double reporting requirement] and
other unintended consequences of Ballot Measure 2. However, she
recognized that many provisions in Ballot Measure 2 were
[intentionally] voted for. She stated that she would not be
supporting Amendment 2 today.
3:10:17 PM
REPRESENTATIVE GRAY expressed confusion as to when Ballot
Measure 2 was passed.
CHAIR VANCE clarified that Ballot Measure 2 was passed in 2020.
REPRESENTATIVE GRAY inquired about the undisclosed donations
that were fined by APOC.
CHAIR VANCE said that was implemented in the 2022 election.
REPRESENTATIVE GRAY asked which state ballot measures were on
the ballot in 2022.
REPRESENTATIVE CARPENTER stated that he did not know what the
committee was discussing because there were no supporting
documents or statutes being referenced. He said he felt
unprepared to speculate on this line of questioning.
CHAIR VANCE shared her understanding that Section 11 on page 3
of Amendment 2 could be the provision in question.
REPRESENTATIVE CARPENTER said "could be" caused him concern. He
added that he wanted to know for certain.
3:13:43 PM
REPRESENTATIVE GROH asked whether it was accurate to say that
some of Representative Vance's constituents made contributions
in the 2021/2022 cycle regarding the question on the 2022 ballot
concerning a constitutional convention, which later triggered
fines from APOC, per Ballot Measure 2, as adopted in 2020.
CHAIR VANCE answered, "Correct."
3:14:49 PM
REPRESENTATIVE EASTMAN, in wrap up, clarified that Amendment 2
would remove the language, passed in Ballot Measure 2, which
triggered the double reporting requirement for the state
constitutional convention question. He explained that the new
law implemented by Ballot Measure 2, which passed in 2020 and
applied in the 2022 election, required campaign donors to file a
separate report to APOC as a contributor. He noted that his
office received complaints about the new requirement, which
resulted in potential fines of over $8,000 [for failure to
report]. Amendment 2 would resolve these concerns, he said. In
response to Chair Vance, he acknowledged that there were "some
good things" in Ballot Measure 2 that were worth keeping;
nonetheless, he posited that repealing the measure in its
entirety and starting anew would allow the legislature to vet
the bill and bring back portions that were appropriate to keep.
3:17:31 PM
A roll call vote was taken. Representatives Allard and Eastman
voted in favor of Amendment 2. Representatives Carpenter, C.
Johnson, Gray, Groh, and Vance voted against it. Therefore,
Amendment 2 failed by a vote of 2-5.
CHAIR VANCE sought comments from committee members on HB 4, as
amended.
3:19:17 PM
REPRESENTATIVE C. JOHNSON expressed his strong support for HB 4
due to the public testimony given in the past few weeks in favor
of repealing RCV. He added that he was confused by RCV.
REPRESENTATIVE GRAY pointed out that the majority of public
testimony was in opposition to HB 4.
REPRESENTATIVE ALLARD expressed support for HB 4 because of her
constituents and surveys from the Alaska Chamber, indicating
that many people felt "duped" [by Ballot Measure 2]. She
characterized the jungle primaries as a "hot mess" and
reiterated her support for the bill.
3:20:52 PM
REPRESENTATIVE GROH shared his belief that Ballot Measure 2 was
good public policy. He said he would be a "no" vote on HB 4.
3:21:10 PM
REPRESENTATIVE EASTMAN opined that the public comments regarding
Ballot Measure 2 were "candidate driven, which distracted from
the merits of the law itself. He appreciated support for the
system and the messaging; however, he claimed that some people
who were in favor of RCV didn't understand what it does, which
he characterized as concerning. He shared his belief that if
the bill had gone through the legislature, there would have been
more time and consideration given to help the public understand
what was actually in the bill.
3:23:48 PM
REPRESENTATIVE CARPENTER said he heard a lot of criticism and
disdain for political parties during public testimony on HB 4
from Alaska's independent registered voters. He pointed out
that "one or more organizations" were supporting Ballot Measure
2 and opposing the repeal of RCV. Those organizations, he said,
were acting similar to political parties by engaging in
political discourse. He believed that voters had "buyer's
remorse" [in regard to Ballot Measure 2] and shared his
experience conducting numerous training sessions for people who
did not understand RCV. He said it was "disingenuous and
political" for people to say that people understood RCV. He
added that he would be supporting the repeal of RCV and
challenged the organizations [backing RCV] to register as a
political party.
3:27:28 PM
CHAIR VANCE shared her experience participating in training
sessions for RCV, indicating that people left feeling more
confused by the new system. She shared her belief that RCV was
detrimental to seniors, minorities, and those for whom English
was a second language. She said her constituents wanted RCV
"gone" and challenged the notion that she wanted to repeal RCV
to gain a certain political outcome.
3:29:55 PM
REPRESENTATIVE CARPENTER moved to report HB 4, as amended, out
of committee with individual recommendations and the
accompanying fiscal notes.
REPRESENTATIVE CARPENTER gave Legislative Legal Services
permission to make all technical and conforming changes as
necessary.
REPRESENTATIVE GRAY objected.
3:30:12 PM
A roll call vote was taken. Representatives Allard, Carpenter,
C. Johnson, Eastman, and Vance voted in favor of reporting HB 4,
as amended, out of committee. Representatives Groh and Gray
voted against it. Therefore, CSHB 4(JUD) was reported out of
the House Judiciary Standing Committee by a vote of 5-2.
3:30:56 PM
The committee took an at-ease from 3:30 p.m. to 3:33 p.m.
SB 53-COMPETENCY; INVOLUNTARY CIVIL COMMITMENTS
3:33:31 PM
CHAIR VANCE announced that the final order of business would be
CS FOR SENATE BILL NO. 53(FIN) am, "An Act relating to
competency to stand trial; relating to involuntary civil
commitments; and relating to victims' rights during certain
civil commitment proceedings."
CHAIR VANCE invited the bill sponsor to explain "where the
Criminal Division meets Civil Division."
3:34:36 PM
SENATOR MATT CLAMAN, Alaska State Legislature, prime sponsor of
CSSB 53(FIN) AM, highlighted Section 6 as the key part of the
legislation. Section 6 would require the prosecutor for certain
individuals who meet the statutory definition of "dangerous" to
file an involuntary commitment [petition] under Title 47, which
would start the civil proceedings.
3:35:21 PM
REPRESENTATIVE CARPENTER shared his belief that the additional
two-year commitment in Section 11 would be a significant portion
of the bill. He asked why two years was selected.
3:35:38 PM
SENATOR CLAMAN acknowledged that the additional commitment in
Section 11 was a key part of the bill; however, it wouldn't
impact the power to hold someone, which under current law, was
achieved by repeating six-month involuntary commitments. In
terms of closing "the gap" illustrated by Ms. Harris's case, he
said, Section 6 was the most important part of the legislation.
He noted that the bill was introduced with a five-year
commitment, which was amended from five years to two in the
Senate Finance Committee.
3:36:40 PM
REPRESENTATIVE CARPENTER questioned the reason for moving from a
six-month to two-year commitment.
SENATOR CLAMAN explained that there were two reasons for
lengthening the commitment term. Firstly, it would give greater
assurance to victims for healing. Secondly, he believed that
two years would be a reasonable balance between civil liberties
and protecting the public.
REPRESENTATIVE CARPENTER asked how often someone who had been
committed could petition for release, should the bill pass.
3:38:34 PM
STEVEN BOOKMAN, Senior Assistant Attorney General, Human
Services Section, Civil Division (Anchorage), Department of Law
(DOL), directed attention to page 10, line 4, of the bill, which
states that a respondent committed under the new provision may
petition the court for early discharge at any time after the
first six months if the respondent can present evidence
demonstrating that he/she is no longer likely to cause serious
harm to self or others.
REPRESENTATIVE CARPENTER asked how a respondent would be in the
position to provide such evidence if he/she was not of sound
mind due to medication.
3:39:58 PM
KRISTY BECKER, PhD, Director of Clinical Services, Division of
Alaska Psychiatric Institute, Department of Family and Community
Services (DFCS), informed the committee that as a psychologist,
she did not prescribe medication; nonetheless, she theorized
that an individual who stabilized on medication might be able to
announce his/her desire to leave to the clinical team. The
legal representative would then bring forward the patient's
wishes to be reevaluated. Alternatively, she said the clinical
team could reach a determination that the individual no longer
met the criteria for dangerousness and subsequently contact the
patient's counsel. She acknowledged that putting the onus on
the patient could "muddy the waters."
CHAIR VANCE, citing Section 5, subsection (h), asked for the
definition of "mental health professional."
DR. BECKER indicated that the mental health professional would
be the licensed practitioner who was medicating the patient and
served as the signatory on the patient's commitment paperwork.
SENATOR CLAMAN clarified that the provisions in Section 5 were
specific to situations in which a person had been detained for
evaluation. Subsection (h) addressed a scenario wherein the
clinic determined that the individual no longer met the criteria
to hold for evaluation.
3:44:01 PM
CHAIR VANCE asked why the language "psychiatrist or
psychologist," which was used in other sections of the bill,
wasn't used in Section 5.
SENATOR CLAMAN explained that the language in Section 5,
subsection (h), was suggested by DOL in an amendment adopted on
the Senate floor.
3:44:52 PM
REPRESENTATIVE GROH sought to understand the rational behind the
language in Section 5, which was added on the Senate floor, and
how it might affect a settlement in a particular case.
SENATOR CLAMAN explained that the language was added at the
request of the Civil Division in response to the Alaska Supreme
Court Decision on the Abigail and Jethro case, which were civil
proceedings. The Civil Division believed that the standards
applied by the court in regard to the decision on whether to
hold somebody in a civil commitment environment should be better
clarified.
3:46:45 PM
REPRESENTATIVE GROH asked whether Section 5 would affect a
settlement entered into by the state in relation to [The
Disability Law Center of Alaska, Inc. v. State of Alaska].
SENATOR CLAMAN said he had spoken to a lawyer from the
Disability Law Center (DLC) of Alaska, indicating that the
proposed legislation would not change the state's obligation to
comply with the terms of the lawsuit.
3:47:55 PM
REPRESENTATIVE EASTMAN recalled that Senator Claman had stated
that the length of commitment would play a significant role in
the healing of a victim. He asked Senator Claman to expound on
that statement.
SENATOR CLAMAN replied that by putting [offenders] in an
involuntary commitment environment for a longer period of time,
victims were reassured that [the state] was taking care of
somebody who was a danger to the community.
REPRESENTATIVE EASTMAN asked whether the healing of victims was
one of the criteria for deciding whether to keep someone in a
civil commitment setting.
SENATOR CLAMAN answered no.
REPRESENTATIVE EASTMAN asked whether the legislature should
consider adding that to the criteria as a factor to consider.
SENATOR CLAMAN directed the question to Mr. Bookman.
3:49:48 PM
MR. BOOKMAN stated that, per the U.S. Supreme Court, civil
commitment needed to be based on two ideas: harm to others, and
danger to self. The perspective of the victim would not fall
under the grounds for commitment; however, it might fall under
other areas, such as length of commitment, he said.
REPRESENTATIVE EASTMAN asked whether [the victim's perspective]
should be part of the criteria when making a decision on the
length of commitment.
MR. BOOKMAN said that would be a policy decision.
REPRESENTATIVE EASTMAN inquired about prosecutorial ethics. He
asked Mr. Booker to speak to the ethics of charging someone with
a crime if he/she would not be competent to stand trial.
MR. BOOKE noted that he did not deal with charging decisions and
deferred the question to Mr. Skidmore.
3:52:27 PM
REPRESENTATIVE CARPENTER referred to Section 13, subsection (d),
and asked who decides whether evidence demonstrates that the
respondent is not likely to cause harm.
DR. BECKER said the decision on clinical dangerousness, as it
relates to a mental health concern, is determined by the
practitioner through an evaluative process and risk assessment.
She asked Mr. Bookman to "chime in" on the question.
REPRESENTATIVE CARPENTER asked what legal evidence was necessary
for a petition to go to court.
MR. BOOKMAN referred to [page 10], line 6, indicating that the
respondent must provide some reason to suggest that there should
be a hearing.
REPRESENTATIVE CARPENTER asked how the respondent would be able
to present evidence if it was up to the medical team to decide
what evidence exists.
MR. BOOKMAN conveyed that there could be two ways. Firstly, the
respondent could hire an expert to examine the respondent and
testify on his/her behalf. Secondly, API team's decision could
be analyzed.
REPRESENTATIVE CARPENTER shared, for the record, that his line
of questioning was aimed at preventing abuse, not an attempt to
"let loose" mentally ill people.
3:59:20 PM
REPRESENTATIVE GRAY asked when the process of establishing
competency to stand trial began and how the bill would have
impacted Ms. Harris's assailant [Mr. Ahkivgak].
SENATOR CLAMAN explained under the proposed legislation, a
petition for involuntary commitment would have been filed for
Mr. Ahkivgak due to his prior criminal and psychiatric history
instead of him being released back into the community.
REPRESENTATIVE GRAY sought to understand the process of
establishing competency to stand trial and when that process was
initiated after someone had assaulted another person. He asked
Senator Claman to help him understand how someone could be
charged with a violent crime and then released back to the
public without charges. Additionally, he sought further
clarification on the dates and timeframes in the bill.
CHAIR VANCE noted that there was not enough time left for
Senator Claman to provide a full picture. She invited the bill
sponsor to provide a brief response.
4:04:51 PM
The committee took a brief at-ease.
4:06:24 PM
SENATOR CLAMAN explained the two processes at play and the
different lengths of commitment. On the criminal side, there
was a six month to one year period of restoration hold, during
which, if the court concluded that the individual cannot be
restored, the case would be dismissed. Alternatively, if the
individual became competent, the criminal case would continue.
In regard to the involuntary commitment proceedings, which
involve dangerous offenders, as addressed by the bill, the
prosecutor would initiate the civil commitment just prior to
dismissal for criminal charges dismissed due to competency. The
Civil Division would then take over the involuntary commitment,
resulting in options of a 30-day commitment after the 72-hour
assessment, which could be extended to 90 days, and again to 180
days. At the conclusion of the 180 days, another petition could
be filed for these dangerous individuals for a commitment of up
to 2 years. He noted that for anyone without a dangerous
criminal history, the maximum commitment would be 180 days.
4:10:53 PM
CHAIR VANCE announced that CSSB 53(FIN) AM would be held over.
4:11:14 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 4:11 p.m.