Legislature(2017 - 2018)GRUENBERG 120

04/14/2017 01:00 PM JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 1 ELECTION REGISTRATION AND VOTING TELECONFERENCED
Heard & Held
-- Public Testimony --
+ HB 13 NO ST/MUNI FUNDS: FED IMMIGRAT REGISTRY TELECONFERENCED
Scheduled but Not Heard
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 200 NONPARTISAN OPEN PRIMARY ELECTIONS TELECONFERENCED
Heard & Held
-- Public Testimony --
+= HB 208 TRUSTS; COMM PROP TRUSTS; POWERS OF APPT TELECONFERENCED
Moved HB 208 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 14, 2017                                                                                         
                           1:02 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Zach Fansler, Vice Chair                                                                                         
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Gabrielle LeDoux                                                                                                 
Representative David Eastman                                                                                                    
Representative Chuck Kopp                                                                                                       
Representative Lora Reinbold                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Charisse Millett (alternate)                                                                                     
Representative Louise Stutes (alternate)                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
HOUSE BILL NO. 200                                                                                                              
"An Act establishing a top  two nonpartisan open primary election                                                               
system  for  elective  state executive  and  state  and  national                                                               
legislative offices;  repealing the  special runoff  election for                                                               
the   office  of   United  States   senator   or  United   States                                                               
representative;  changing  appointment   procedures  relating  to                                                               
precinct  watchers  and  members  of  precinct  election  boards,                                                               
election  district   absentee  and  questioned   ballot  counting                                                               
boards,  and  the  Alaska Public  Offices  Commission;  requiring                                                               
certain  written  notices to  appear  in  election pamphlets  and                                                               
polling  places;  relating  to   declarations  of  candidacy  and                                                               
letters  of intent;  and amending  the  definition of  'political                                                               
party.'"                                                                                                                        
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 208                                                                                                              
"An  Act  relating  to  trusts and  powers  of  appointment;  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
     - MOVED HB 208 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 1                                                                                                                
"An  Act   relating  to  absentee   voting,  voting,   and  voter                                                               
registration;  relating  to  early   voting  locations  at  which                                                               
persons may vote absentee ballots; and providing for an                                                                         
effective date."                                                                                                                
                                                                                                                                
     - HEARD & HELD                                                                                                             
                                                                                                                                
HOUSE BILL NO. 13                                                                                                               
"An Act prohibiting the expenditure of state or municipal assets                                                                
to create a registry based on race or religion."                                                                                
                                                                                                                                
     - SCHEDULED BUT NOT HEARD                                                                                                  
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: HB 200                                                                                                                  
SHORT TITLE: NONPARTISAN OPEN PRIMARY ELECTIONS                                                                                 
SPONSOR(s): REPRESENTATIVE(s) LEDOUX                                                                                            
                                                                                                                                
03/29/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/17       (H)       JUD, STA                                                                                               
04/10/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/10/17       (H)       Heard & Held                                                                                           
04/10/17       (H)       MINUTE(JUD)                                                                                            
04/12/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/12/17       (H)       <Bill Hearing Canceled>                                                                                
04/14/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 208                                                                                                                  
SHORT TITLE: TRUSTS; COMM PROP TRUSTS; POWERS OF APPT                                                                           
SPONSOR(s): REPRESENTATIVE(s) JOHNSON                                                                                           
                                                                                                                                
03/31/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
03/31/17       (H)       JUD                                                                                                    
04/10/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/10/17       (H)       Scheduled but Not Heard                                                                                
04/12/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/12/17       (H)       Heard & Held                                                                                           
04/12/17       (H)       MINUTE(JUD)                                                                                            
04/14/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 1                                                                                                                    
SHORT TITLE: ELECTION REGISTRATION AND VOTING                                                                                   
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       STA, JUD                                                                                               
02/23/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/23/17       (H)       Heard & Held                                                                                           
02/23/17       (H)       MINUTE(STA)                                                                                            
02/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/28/17       (H)       Heard & Held                                                                                           
02/28/17       (H)       MINUTE(STA)                                                                                            
03/07/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/07/17       (H)       Heard & Held                                                                                           
03/07/17       (H)       MINUTE(STA)                                                                                            
03/09/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/09/17       (H)       Heard & Held                                                                                           
03/09/17       (H)       MINUTE(STA)                                                                                            
03/14/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
03/14/17       (H)       -- MEETING CANCELED --                                                                                 
03/16/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/16/17       (H)       Heard & Held                                                                                           
03/16/17       (H)       MINUTE(STA)                                                                                            
03/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/21/17       (H)       Moved CSHB 1(STA) Out of Committee                                                                     
03/21/17       (H)       MINUTE(STA)                                                                                            
03/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/28/17       (H)       Moved CSHB 1(STA) Out of Committee                                                                     
03/28/17       (H)       MINUTE(STA)                                                                                            
03/29/17       (H)       STA RPT CS(STA) NT 4DP 3NR                                                                             
03/29/17       (H)       DP: WOOL, LEDOUX, TUCK, KREISS-TOMKINS                                                                 
03/29/17       (H)       NR: JOHNSON, KNOPP, BIRCH                                                                              
04/14/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WILLIAM HARRINGTON                                                                                                              
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of HB 200, offered                                                                    
testimony.                                                                                                                      
                                                                                                                                
DANIEL LYNCH                                                                                                                    
Soldatna, Alaska                                                                                                                
POSITION STATEMENT:  During the hearing of HB 200, offered                                                                    
opposition to the legislation.                                                                                                  
                                                                                                                                
GEORGE PIERCE                                                                                                                   
Kasilof, Alaska                                                                                                                 
POSITION STATEMENT:  During the hearing of HB 200, offered                                                                    
opposition to the legislation.                                                                                                  
                                                                                                                                
EUGENE CARL HABERMAN                                                                                                            
Unincorporated Area of the Matanuska-Susitna Borough, Alaska                                                                    
POSITION  STATEMENT:   During  the  hearing  of HB  200,  offered                                                             
testimony.                                                                                                                      
                                                                                                                                
KEN JACOBUS, Attorney                                                                                                           
Kenneth P Jacobus Law Office                                                                                                    
Anchorage, Alaska                                                                                                               
POSITION  STATEMENT:   During  the  hearing  of HB  200,  offered                                                             
testimony.                                                                                                                      
                                                                                                                                
ANDREW SINCLAIR                                                                                                                 
Clinical Assistant Professor                                                                                                    
NYU Robert F. Wagner Graduate School of Public Service                                                                          
New York, New York                                                                                                              
POSITION  STATEMENT:   During  the  hearing  of HB  200,  offered                                                             
research findings.                                                                                                              
                                                                                                                                
JASON OLSON, Director                                                                                                           
National Organizing for Open Primaries                                                                                          
New York, New York                                                                                                              
POSITION STATEMENT:   During the hearing of HB  200, testified in                                                             
support of the legislation.                                                                                                     
                                                                                                                                
RENEE WARDLAW, Assistant Attorney General                                                                                       
Commercial and Fair Business Section                                                                                            
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During  the hearing  of  HB 208,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
REPRESENTATIVE CHRIS TUCK                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented HB 1 as prime sponsor.                                                                         
                                                                                                                                
KENDRA KLOSTER, Staff                                                                                                           
Representative Chris Tuck                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:   During  the  hearing of  HB  1, offered  a                                                             
sectional analysis on behalf of Representative Tuck.                                                                            
                                                                                                                                
EUGENE Carl HABERMAN                                                                                                            
Unincorporated Area of the Matanuska-Susitna Borough, Alaska                                                                    
POSITION  STATEMENT:    During  the  hearing  of  HB  1,  offered                                                             
testimony.                                                                                                                      
                                                                                                                                
MICHAEL HAWFIELD                                                                                                                
Homer, Alaska                                                                                                                   
POSITION STATEMENT:  During the  hearing of HB 1, offered support                                                             
for the legislation.                                                                                                            
                                                                                                                                
CAROL THOMPSON, Absentee & Petition Manager                                                                                     
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the hearing  of  HB  1,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:02:24 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:02  p.m. Representatives  Claman, Fansler,                                                               
and  Kopp were  present at  the call  to order.   Representatives                                                               
Eastman,  LeDoux, Reinbold,  and  Kreiss-Tomkins  arrived as  the                                                               
meeting was in progress.                                                                                                        
                                                                                                                                
           HB 200-NONPARTISAN OPEN PRIMARY ELECTIONS                                                                        
                                                                                                                                
1:02:57 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
HOUSE BILL  NO. 200, "An  Act establishing a top  two nonpartisan                                                               
open  primary election  system for  elective state  executive and                                                               
state  and national  legislative offices;  repealing the  special                                                               
runoff  election  for the  office  of  United States  senator  or                                                               
United  States  representative; changing  appointment  procedures                                                               
relating to  precinct watchers and  members of  precinct election                                                               
boards,   election  district   absentee  and   questioned  ballot                                                               
counting  boards,  and  the  Alaska  Public  Offices  Commission;                                                               
requiring  certain   written  notices   to  appear   in  election                                                               
pamphlets  and  polling  places;   relating  to  declarations  of                                                               
candidacy and letters  of intent; and amending  the definition of                                                               
'political party.'"                                                                                                             
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 200.                                                                                 
                                                                                                                                
1:03:34 PM                                                                                                                    
                                                                                                                                
WILLIAM HARRINGTON  said "If it ain't  broke, don't fix it."   He                                                               
described himself  as a  private sector retiree  as opposed  to a                                                               
public  sector employee  which, he  stressed, is  important while                                                               
discussing (audio  difficulties).  He offered  surprise that with                                                               
all the  crises the  legislature faces this  year, this  bill was                                                               
given  the time  of day.    He asked  whether this  bill fixes  a                                                               
problem that had been festering  for years.  (Audio difficulties)                                                               
for the  last ten  years.  He  referred to Sec.  11 of  the bill,                                                               
(audio  difficulties) that  no party  affiliations are  listed on                                                               
the ballot,  just named in  alphabetical order, and  offered that                                                               
in that manner,  no party can complain  of trademark infringement                                                               
or  a "wolf  in sheep's  clothing."   Drop the  labels, drop  the                                                               
problem, he said.  He asked that  this bill be passed so he could                                                               
watch in amazement as the  unintended consequences for both major                                                               
political parties  unfold going  forward, or  as people  from the                                                               
past say, "in the future."                                                                                                      
                                                                                                                                
1:06:20 PM                                                                                                                    
                                                                                                                                
DANIEL LYNCH said he was  testifying for himself "and independent                                                               
neighbors," and described himself  as a non-partisan super-voter,                                                               
as  are  53 percent  of  registered  voters  in  the state.    He                                                               
suggested  an amendment  or a  companion bill  simply ending  any                                                               
government spending on  primary elections or state  funding for a                                                               
"beauty contest" for private political  parties.  During the last                                                               
15  years,  he said  he  has  studied  this issue  and  statewide                                                               
primaries  "cost between  $6 and  $2.5 million  per cycle."   The                                                               
state is  in a financial  strain, he described, and  the question                                                               
is "where  to cut."   He said, "Here's  an easy button  for you,"                                                               
and referred to the Constitution  of the State of Alaska, Article                                                               
V, which read as follows:                                                                                                       
                                                                                                                                
     Section  1.  Qualified  Voters. Every  citizen  of  the                                                                
     United States  who is at  least eighteen years  of age,                                                                    
     who  meets  registration residency  requirements  which                                                                    
     may be prescribed by law,  and who is qualified to vote                                                                    
     under  this article,  may vote  in any  state or  local                                                                    
     election.   A   voter  shall  have   been,  immediately                                                                    
     preceding the  election, a thirty  day resident  of the                                                                    
     election  district in  which he  seeks to  vote, except                                                                    
     that  for purposes  of voting  for  President and  Vice                                                                    
     President   of  the   United  States   other  residency                                                                    
     requirements  may  be  prescribed by  law.   Additional                                                                    
     voting  qualifications may  be  prescribed  by law  for                                                                    
     bond issue elections of political subdivisions.                                                                            
                                                                                                                                
     Section 2.  Disqualifications. No  person may  vote who                                                                
     has  been   convicted  of  a  felony   involving  moral                                                                    
     turpitude unless  his civil rights have  been restored.                                                                    
     No person  may vote who has  been judicially determined                                                                    
     to be  of unsound mind  unless the disability  has been                                                                    
     removed.                                                                                                                   
                                                                                                                                
     Section  3.  Methods   of  Voting;  Election  Contests.                                                                
     Methods of voting, including  absentee voting, shall be                                                                    
     prescribed  by   law.   Secrecy  of  voting   shall  be                                                                    
     preserved.   The  procedure  for  determining  election                                                                    
     contests, with right of appeal  to the courts, shall be                                                                    
     prescribed by law.                                                                                                         
                                                                                                                                
     Section   4.   Voting  Precincts;   Registration.   The                                                                  
     legislature   may  provide   a   system  of   permanent                                                                    
     registration  of  voters,   and  may  establish  voting                                                                    
     precincts within election districts.                                                                                       
                                                                                                                                
     Section 5.  General Elections. General  elections shall                                                                
     be  held on  the  second Tuesday  in  October of  every                                                                    
     even-numbered  year,  but  the  month and  day  may  be                                                                    
     changed by law.                                                                                                            
                                                                                                                                
1:07:27 PM                                                                                                                    
                                                                                                                                
MR.  LYNCH advised  that Section  5 does  not say  anything about                                                               
state  funding  a primary  election,  and  for the  citizens  who                                                               
choose to  belong to any  political party or political  group can                                                               
fund their  own "beauty  contest."  He  commented that  last year                                                               
the  republicans organized  and funded  its "PPP,"  the democrats                                                               
organized  and  funded its  caucus,  and  the other  parties  and                                                               
groups had conventions  and member mail-ins.   Those efforts help                                                               
the  state's  economy and  doesn't  cost  state funds  which  are                                                               
better spent elsewhere, perhaps  on the Pioneer Homes, education,                                                               
or any  constitutional requirement.   Locally and  statewide, all                                                               
other groups,  such as the  "HEA Co-Op," the Veterans  of Foreign                                                               
Wars (VFW),  the International Brotherhood of  Electrical Workers                                                               
(IBEW), Teamsters,  and others,  finance their own  elections for                                                               
leaders, boards,  rules, and  decisions, and do  not come  to the                                                               
state for funding.   He related that in his 20  plus years in the                                                               
state,  he could  offer  many examples  of  primary blunders  and                                                               
waste, all  at state government  expense.  Recently,  in District                                                               
40,  two   democratic  candidates  results  were   challenged  by                                                               
Republican  [Tuckerman] Babcock,  and the  state had  to pay  for                                                               
judges and  court expenses in trying  to hash it out,  and yet it                                                               
should have been left up to  the Democratic Party to choose their                                                               
candidate.   For  example, District  29, regarding  one unopposed                                                               
candidate  race  costing  the state  dollars,  and  District  30,                                                               
wherein four  republican candidates were  trying to "be  the man"                                                               
when the  Republican Party could  have (coughing) guy and  one in                                                               
Soldotna  to determine  by  their members  their  choice for  the                                                               
general election,  with no state  funds.   In 2014, there  was an                                                               
August referendum on SB 21 ...                                                                                                  
                                                                                                                                
CHAIR CLAMAN  advised Mr.  Lynch that he  needed to  conclude his                                                               
comments and asked whether he does or does not support the bill.                                                                
                                                                                                                                
MR. LYNCH said he does not support the bill.                                                                                    
                                                                                                                                
1:10:15 PM                                                                                                                    
                                                                                                                                
GEORGE PIERCE  said he represents  the community of  Kasilof, and                                                               
noted  that legislators  have more  important things  to do  than                                                               
waste time with  this legislation.  He stressed that  he does not                                                               
like  the effective  date in  the explanation  of changes  and it                                                               
needs  to be  changed  from 2020  to 2018.    That's a  (indisc.)                                                               
funding everything that  goes on in this state, he  said.  In the                                                               
event people want to  do this, they need to step  up to the plate                                                               
and spend their money instead of  the state's money, and it's not                                                               
the  legislature's responsibility  to continue  the funding.   He                                                               
asked that adjustments be made to this bill.                                                                                    
                                                                                                                                
1:11:31 PM                                                                                                                    
                                                                                                                                
EUGENE  CARL  HABERMAN,  Unincorporated Area  of  the  Matanuska-                                                               
Susitna  Borough,  said he  represents  himself,  noting that  he                                                               
follows  the  public  process,  and  the  public  process  (audio                                                               
difficulties)  decision   made  by  the  governing   body  (audio                                                               
difficulties)  the  public  interest.   He  commented  that  some                                                               
legislators  are  aware that  he  has  observed local  and  state                                                               
elections, and  offered "deep concern"  because he was  not going                                                               
to be  appointed by a party,  and his ability to  observe a state                                                               
election was denied.  Yet, he  related, a member of a given party                                                               
can be appointed  and observe.  He referred to  the 2012 election                                                               
in Anchorage  when he was denied  his right to observe  the state                                                               
election, and commented  that the ability to  observe an election                                                               
is key to ensuring an election is  valid.  He added that the more                                                               
complex and complicated issues should  require more notice to the                                                               
public with  more opportunities for the  public to be heard.   He                                                               
then  referenced  HB  200,  and commented  that  there  had  been                                                               
changes in  the schedules as  to when  this bill would  be before                                                               
the committee,  and that moving  the schedule around  ensures the                                                               
public would  not be heard.   He stressed that if  any legislator                                                               
expects  to hear  from  the  public on  any  legislation, a  fair                                                               
schedule and opportunity is necessary  for the public to speak to                                                               
any bill and be heard.                                                                                                          
                                                                                                                                
1:15:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  thanked   Mr.  Haberman  for  attending                                                               
meetings  and  paying attention,  and  then  explained that  many                                                               
bills are in play and  acknowledged that public testimony did get                                                               
switched.   She  described it  as disingenuous  to the  public to                                                               
change their opportunity  to speak to a bill  around to different                                                               
times, and asked  that he forward his written  testimony to Chair                                                               
Claman's office.                                                                                                                
                                                                                                                                
CHAIR  CLAMAN  advised  Mr.  Haberman that  he  could  email  his                                                               
testimony  to  his office  and  he  would  distribute it  to  the                                                               
members of the House Judiciary Standing Committee.                                                                              
                                                                                                                                
1:16:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN noted  that Mr.  Haberman described  this                                                               
current proposal  as lacking  in transparency  and that  it lacks                                                               
the ability to  verify what happens after an election.   He asked                                                               
that Mr. Haberman  recommend a good fix because he  was trying to                                                               
understand Mr. Haberman's exact problem.                                                                                        
                                                                                                                                
MR.  HABERMAN  reiterated the  situation  he  spoke of  initially                                                               
regarding not  being appointed  by a party  and being  denied his                                                               
right.                                                                                                                          
                                                                                                                                
1:18:13 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  explained  to  Mr.  Haberman  that  Representative                                                               
Eastman had requested a specific  amendment to change the bill to                                                               
the manner in which Mr.  Haberman believed would be satisfactory,                                                               
but Mr. Haberman  had not answered that question,  and asked that                                                               
Mr. Haberman answer Representative Eastman's question.                                                                          
                                                                                                                                
MR. HABERMAN  said the process should  not be limited in  the way                                                               
the  bill is  written  because  it has  the  appearance of  self-                                                               
interest by giving [a watcher]  to a local party whether democrat                                                               
or  republican, rather  than having  a neutral  observer such  as                                                               
himself.                                                                                                                        
                                                                                                                                
1:18:51 PM                                                                                                                    
                                                                                                                                
KEN JACOBUS, Attorney, Kenneth P  Jacobus Law Office, after being                                                               
advised by  Chair Claman that  his emails were received,  said he                                                               
would not take  time to discuss the content of  those two emails.                                                               
He  then described  this as  the  "jungle primary"  similar to  a                                                               
"demolition derby"  because everyone  crashes into  everyone else                                                               
and the last two candidates  standing are on the general election                                                               
ballot.   He  then speculated  that the  minor parties  in Alaska                                                               
were not available to testify  today because they were unaware of                                                               
the  meeting,  and  noted  that   those  minor  parties  will  be                                                               
destroyed  by the  "jungle primary."   He  pointed out  there has                                                               
never been  a top  two election  for state  or federal  office in                                                               
California  or Washington  in which  a  major party  was able  to                                                               
qualify for  the general  election ballot  unless there  was only                                                               
one candidate  of a  major party  running for  that office.   The                                                               
minor  parties, he  warned, would  never be  able to  meet the  3                                                               
percent  requirement  to  retain  qualified  party  status.    In                                                               
addition, political science  research and experience demonstrates                                                               
that  the system  in California  and Washington  does not  (audio                                                               
difficulties)  polarization, (audio  difficulties) officeholders,                                                               
and depresses voter  turnout.  The article by  Richard Winger, he                                                               
had submitted  demonstrated that the depression  of voter turnout                                                               
had been  taking place  in California since  the adoption  of the                                                               
jungle  primary.   [Mr.  Jacobus  offered  examples fraught  with                                                               
audio difficulties.]   In  the event there  was a  jungle primary                                                               
with  an extreme  left and  an extreme  right candidate,  and two                                                               
centrist's candidates,  it works.   In the event there  were many                                                               
candidates,  the extreme  candidates would  win the  primary, the                                                               
centrists wouldn't  because they  would split the  "mish-mash" in                                                               
the  center.   The  jungle  primary  is  simply  a bad  idea,  he                                                               
described, and then  asked that the committee  receive input from                                                               
the minor  parties "because they are  the ones that are  going to                                                               
be killed by this."                                                                                                             
                                                                                                                                
1:23:06 PM                                                                                                                    
                                                                                                                                
ANDREW   SINCLAIR,  Clinical   Assistant   Professor,  New   York                                                               
University Robert  F. Wagner Graduate  School of  Public Service,                                                               
said  he  works  on  issues of  public  policy  and  quantitative                                                               
research methodology in the United  States and Great Britain.  In                                                               
2015,  he   co-authored  "Nonpartisan  Primary   Election  Reform                                                               
Mitigating Mischief," published  through the Cambridge University                                                               
Press,  which focused  on the  nonpartisan "top  two primary"  in                                                               
California.   He said he  holds a  Ph.D., in Social  Science from                                                               
the   California  Institute   of  Technology,   and  a   B.A.  in                                                               
mathematics.                                                                                                                    
                                                                                                                                
MR. SINCLAIR  advised that California used  a nonpartisan primary                                                               
election rule  during the years  2012, 2014, and 2016,  which was                                                               
enough information  to report something  about it, but  there was                                                               
still considerable disagreement among  political scientists as to                                                               
what  to   look  at,  and  what   to  make  of  the   new  rules.                                                               
California's  version  of  the  top two  is  fairly  simple,  and                                                               
described that the two candidates  with the most votes advance to                                                               
the general election, and voters  can choose any candidate in the                                                               
primary.    He explained  that  this  version  was also  used  in                                                               
Washington,  and  a few  other  places  with similar  rules,  and                                                               
approximately 15  percent of  the time,  two candidates  from the                                                               
same party  face each other  in the general election.   Although,                                                               
he commented, most of the  time the general elections are similar                                                               
to  what would  be  seen under  the  old system.    From his  own                                                               
research,  he  said, it  appears  the  general elections  between                                                               
candidates  of the  same party  are more  competitive, and  those                                                               
more competitive  elections do  happen in  the very  places where                                                               
you  would typically  see uncompetitive  elections.   People  may                                                               
take participation and moderation  under consideration, except it                                                               
is  a  little  less  clear  how the  top  two  primary  works  in                                                               
California  and how  that experience  would translate  to Alaska.                                                               
He   noted  that   his  team   looked   for  evidence   regarding                                                               
disadvantaged   people,  minorities,   and  other   unrepresented                                                               
groups, and they did not see  any compelling evidence in his 2015                                                               
book.   Most  of what  happens, he  explained, appears  to happen                                                               
through  pairing candidates  in a  different manner,  rather than                                                               
vastly changing the way voters behave  in a primary.  In general,                                                               
he  said they  found that  voters still  pick the  candidate they                                                               
know  something  about  and  they  like  the  most,  rather  than                                                               
behaving in some promulgated strategic  way.  Overall, they found                                                               
that some  voters like the new  rules and other do  not, but many                                                               
voters  echo  the  uncertainty   of  political  scientists  about                                                               
exactly what  to expect.   Any reform comes with  some advantages                                                               
and disadvantages,  and he pointed  out that  his job is  only to                                                               
assess how, and  not to make recommendations so  he wouldn't make                                                               
recommendations one way or the other.                                                                                           
                                                                                                                                
1:26:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  asked  whether Mr.  Sinclair  had                                                               
observed any change  before and after California  adopted the top                                                               
two  primary system.   He  pointed  out that  California, on  the                                                               
whole, leans left so for  districts of either political character                                                               
solidly  democratic or  solidly republican,  whether he  observed                                                               
there  was a  race  to  the ideological  extremes  prior to,  and                                                               
after, the adoption of the top two primary system.                                                                              
                                                                                                                                
MR. SINCLAIR  responded there  is a lot  of academic  interest in                                                               
changes  in   ideology,  and  current  research   suggested  that                                                               
democrats in the legislature may  have moderated slightly without                                                               
a  huge changes  on  the republican  side.   He  offered that  he                                                               
performed  a  study in  a  very  republican district,  California                                                               
Assembly  District 5,  represented by  Assemblyman Frank  Bigelow                                                               
wherein the  2012 election was between  two republican candidates                                                               
in  the  general  election.    During  the  campaign  Assemblyman                                                               
Bigelow declined  to sign  the "No Tax  Increase Pledge"  and the                                                               
other  candidate  did  sign  the  pledge,  and  yet,  Assemblyman                                                               
Bigelow  still won  the election,  "which is  likely a  different                                                               
outcome than would have been obtained under the other rule."                                                                    
                                                                                                                                
1:27:46 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN referred to prior  testimony indicating that the top                                                               
two primary system  in California actually showed  a reduction in                                                               
voter participation,  and asked Mr. Sinclair's  perspective as to                                                               
what effect it had on voter participation.                                                                                      
                                                                                                                                
MR.  SINCLAIR  answered  that  it  is  important  to  keep  voter                                                               
participation  in   context  such   that,  California   has  been                                                               
experiencing declining voter participation over time.                                                                           
                                                                                                                                
MR.  SINCLAIR, in  response to  Chair Claman,  agreed that  voter                                                               
participation  is  declining in  California  as  it is  in  other                                                               
states in  the country.   He said he  hesitates to make  a strong                                                               
claim as  to how  this would translate  to Alaska  simply because                                                               
the  scale of  politics  in  California is  very  different.   He                                                               
pointed  out   that  statewide  office   in  Alaska   is  roughly                                                               
equivalent  to   a  single  California   state  senate   seat  by                                                               
population, so the campaign technologies  are very different.  He                                                               
related that in  the work he has performed,  there is preliminary                                                               
evidence that  Alaska may see  a "very, very, small  decrease" in                                                               
participation when  there are two  candidates of the  same party.                                                               
Except, he stated, that is still  ongoing research and it is hard                                                               
to establish  the factual of what  would happen if using  the old                                                               
system given the decline in participation across the country.                                                                   
                                                                                                                                
1:29:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  said  she assumed  that  when  discussing                                                               
voter participation decline it was  for the general election, and                                                               
she  then  asked  about  voter  participation  regarding  primary                                                               
elections.                                                                                                                      
                                                                                                                                
MR.  SINCLAIR  responded  that  he was  most  familiar  with  the                                                               
California  patterns  in 2012,  2014,  which  was actually  quite                                                               
different, and so it worked  differently in the 2012 presidential                                                               
year.    He  explained  that   the  way  voter  choice  works  in                                                               
presidential  years  might  be   quite  different  than  in  non-                                                               
presidential years, but he said he  hesitates to make "too big of                                                               
claims"  as  to  the  voter  participation  side  and  especially                                                               
translating  that  into  the Alaska  experience.    Although,  he                                                               
commented,  the  differences  were  not nearly  as  large  as  he                                                               
expected, one way or the other.                                                                                                 
                                                                                                                                
1:30:31 PM                                                                                                                    
                                                                                                                                
JASON OLSON,  Director, National  Organizing for  Open Primaries,                                                               
explained  that   his  organization  is  a   non-profit  national                                                               
nonpartisan organization  with the  singular mission  of ensuring                                                               
that no American  citizen was required to join  a political party                                                               
in order  to vote in  a primary.   While offering  background, he                                                               
explained  that  he founded  a  group  of independent  voters  in                                                               
California  that  partnered  with   a  coalition  led  by  former                                                               
Governor Arnold  Schwarzenegger to bring  a top two  open primary                                                               
to  California,  as  well  as  reform  the  districting  process.                                                               
Restoring  Alaska's open  primary  is worth  the  support of  the                                                               
Alaska  State Legislature  because  its  citizens, together  with                                                               
those  in  California,  and  Washington  State,  had  their  open                                                               
primary stolen by  a "terrible court decision" in 2000.   In that                                                               
case,  he explained,  the California  Democratic  Party sued  the                                                               
State  of  California as  the  State  of California  had  adopted                                                               
Alaska's open  primary system in  1996, and the  plaintiff's sued                                                               
in order  to close the primary  elections.  He described  that in                                                               
one of the  "worst Supreme Court decisions" in  a generation, the                                                               
court  sided with  the political  establishment  of both  parties                                                               
against  each citizens'  basic freedom  to vote  for the  elected                                                               
representative of their choice.   This decision, despite the fact                                                               
that  primary elections  are taxpayer  funded, run  by government                                                               
employees,  and conducted  on publically  owned voting  machines.                                                               
Therefore,  Alaska,  California,  and Washington  State,  all  of                                                               
which have  the same open  primary system, were forced  to return                                                               
to  the  semi-closed  primary  that  voters  in  each  state  had                                                               
previously rejected, which is the  system Alaska is using to this                                                               
day.   This put  all of  the states in  a difficult  position, he                                                               
described, so  the voters in  those other states fought  back and                                                               
passed  new open  primaries through  ballot initiatives,  and for                                                               
this they  looked to  Nebraska which  has used  the top  two open                                                               
primary system since 1934 for its legislative races.                                                                            
                                                                                                                                
MR. OLSON  explained that  under a top  two open  primary, voters                                                               
are free to  vote for whoever they want, legislators  are free to                                                               
do what  they think is  right for their constituents  rather than                                                               
having to  tow the party  line, and most  of the voters  in these                                                               
states  absolutely  love it.    He  offered  that the  impact  in                                                               
California  has been  tremendous and  its legislature's  approval                                                               
rating has  risen from  a low  of 14  percent before  the change,                                                               
back to  45 percent  today.   Budgets are  passed on  time, voter                                                               
participation  and  registration has  begun  to  rebound, and  he                                                               
agrees with Mr.  Sinclair that initially it  continued to decline                                                               
but  has rebounded  over time.   The  voter turnout  in the  2016                                                               
State of California  primary election was 48 percent,  and HB 200                                                               
is Alaska's  chance to  finally win  back its  open primary.   He                                                               
urged the committee to support this legislation.                                                                                
                                                                                                                                
1:34:31 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  after  ascertaining  no one  wished  to  testify,                                                               
closed public testimony on HB 200.                                                                                              
                                                                                                                                
CHAIR  CLAMAN, in  response to  Representative Reinbold,  advised                                                               
the bill would be held in  committee today with amendments due by                                                               
5:00 p.m. this  afternoon, and the bill would be  heard and moved                                                               
out of committee during tomorrow's hearing.                                                                                     
                                                                                                                                
1:35:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  referred  to a  3/18/2008,  Legislative                                                               
Research Report prepared for  former Representative Max Gruenberg                                                               
[located in  the committee packets]  who had  requested documents                                                               
pertinent   to  the   U.S.  Supreme   Court's  consideration   of                                                               
consolidated  cases   wherein  representatives   of  Washington's                                                               
republican,  democratic, and  libertarian parties  challenged the                                                               
modified blanket  primary, claiming  that the  law, on  its face,                                                               
violate  a  party's  associated   rights.    She  encouraged  the                                                               
committee to  read the report,  and noted that in  California and                                                               
Washington this  has been  challenged "and has  headed up  to the                                                               
Supreme Court."   Representative  Reinbold then  paraphrased from                                                               
page 7 of the decision attached to the report, as follows:                                                                      
                                                                                                                                
          CHIEF  JUSTICE ROBERTS,  with  whom JUSTICE  ALITO                                                                    
     joins, concurring.                                                                                                         
          I share  JUSTICE SCALIA's concern  that permitting                                                                    
     a candidate to identify  his political party preference                                                                    
     on  an  official  election   ballot  --  regardless  of                                                                    
     whether the  candidate is endorsed  by the party  or is                                                                    
     even  a  member --  may  effectively  force parties  to                                                                    
     accept  candidates  they  do  not  want,  amounting  to                                                                    
     forced association of the First Amendment.                                                                                 
                                                                                                                                
REPRESENTATIVE REINBOLD  said the issue  of a violation  of First                                                               
Amendment rights  of political  parties is  serious and  there is                                                               
opposition in the  democratic and republican parties.   She noted                                                               
that  Justice  Antonin Scalia  and  Justice  Anthony Kennedy  had                                                               
important  comments and  said that  one of  their key  points was                                                               
that this  impairs the parties'  advocacy of its  standard bearer                                                               
for their candidate.   She paraphrased the decision,  page 9, 4th                                                               
paragraph, as follows:                                                                                                          
                                                                                                                                
          Among  the First  Amendment rights  that political                                                                    
     parties  possess is  the right  to  associate with  the                                                                    
     persons whom  they choose and refrain  from associating                                                                    
     with the person they reject.                                                                                               
                                                                                                                                
REPRESENTATIVE REINBOLD advised she does not support HB 200.                                                                    
                                                                                                                                
1:37:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  Representative Reinbold  to confirm                                                               
that she was  reading from a "Dissent Opinion" as  opposed to the                                                               
majority opinion which is actually the law of the land.                                                                         
                                                                                                                                
CHAIR CLAMAN  asked Representative Reinbold to  cite the decision                                                               
she was reading.                                                                                                                
                                                                                                                                
REPRESENTATIVE  REINBOLD advised  that it  was a  Washington case                                                               
and a  California case, and  paraphrased from  the [consolidated]                                                               
decision as follows:                                                                                                            
                                                                                                                                
     WASHINGTON   STATE   GRANGE,   PETITIONER   06-730   v.                                                                    
     WASHINGTON STATE  REPUBLICAN PARTY, ET  AL. WASHINGTON,                                                                    
     ET   AL.,  PETITIONERS   06-730  v.   WASHINGTON  STATE                                                                    
     REPUBLICAN PARTY, ET AL. (2008 U.S. LEXIS 2707)                                                                            
                                                                                                                                
REPRESENTATIVE REINBOLD said  that the second one was  the one in                                                               
California, and she spoke to the concurrence and the dissent.                                                                   
                                                                                                                                
1:37:29 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked that Representative Reinbold  pass the papers                                                               
to him  so he could  cite the decision for  the record.   He then                                                               
commented that  only the  [consolidated] Washington  State Grange                                                             
and  Washington  State Republican  Party  cases  under 2008  U.S.                                                             
LEXIS 2707, were cited.                                                                                                         
                                                                                                                                
CHAIR  CLAMAN, in  response to  Representative Reinbold,  advised                                                               
that there may  be other cases cited within the  decision but she                                                               
was quoting from only the one case.                                                                                             
                                                                                                                                
1:39:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referred to the document  "Explanation of                                                               
Changes - Version O to  CS Version U" Section 12, Criminalization                                                               
of Ballot Marking, and commented that  it was a good change as it                                                               
is important there are clean  applications allowing the voters to                                                               
make their choice  without having those choices made  for them in                                                               
advance.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  EASTMAN referred  to  the issue  of  the top  two                                                               
primary system, and  noted that the City of  Anchorage decided to                                                               
go away from the 50 percent  model to the 45 [percent model], and                                                               
asked  whether   Representative  LeDoux   had  taken   that  into                                                               
consideration.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  LEDOUX said  she could  not follow  his question,                                                               
and noted that  Anchorage has a 45 percent model  and if a person                                                               
receives 45  percent [of the  votes] there  is not a  run-off for                                                               
the mayoral position.  She  questioned whether his suggestion was                                                               
that if one candidate received  45 percent in a primary election,                                                               
it canceled out the general election.                                                                                           
                                                                                                                                
1:41:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN said  he was looking at the  fact that the                                                               
bill opens up changing the  primary and general elections and how                                                               
they are all  working, and of the various options  out there that                                                               
is certainly  one option.  He  opined that Anchorage is  the only                                                               
place that has tried it,  and asked whether Representative LeDoux                                                               
had compared that process when drafting this bill.                                                                              
                                                                                                                                
CHAIR CLAMAN interjected that  Representative Eastman was getting                                                               
some of  the details  of the  Anchorage election  system confused                                                               
with  the state  system.   Anchorage, many  years ago,  adopted a                                                               
nonpartisan election  and; therefore,  parties are  never listed,                                                               
and only the mayoral election allows  a run-off, and that is only                                                               
if someone doesn't prevail by  a certain percentage of the votes.                                                               
At the  assembly level, he  explained, there has never  been that                                                               
45  percent  requirement, and  in  recent  years  it has  been  a                                                               
plurality.    He  described  Senator  Lisa  Murkowski's  write-in                                                               
campaign as a  perfect example on the state  level and, including                                                               
the  gubernatorial election,  plurality  prevails in  all of  the                                                               
state  general elections.    He noted  that he,  too,  was a  bit                                                               
confused by Representative Eastman's question.                                                                                  
                                                                                                                                
1:42:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  responded  that  she was  unclear  as  to                                                               
whether Representative  Eastman was referring to  a candidate who                                                               
received 45  percent of  the votes  in a  primary would  then not                                                               
move on  into the general  election, or  whether it was  the idea                                                               
that a  person would need  to collect  45 percent in  the general                                                               
election.   She expressed that  she was hopeful the  language was                                                               
clear  and in  the event  it was  not, she  would bring  forth an                                                               
amendment clarifying there would  be only two candidates actually                                                               
on the  ballot, and the candidate  with 50 percent plus  one vote                                                               
would  win  the  election,  except  in the  case  of  a  write-in                                                               
candidate.   She pointed out that  the intention of this  bill in                                                               
the general election is whoever wins the plurality of the votes.                                                                
                                                                                                                                
1:44:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD acknowledged that  Chair Claman had cited                                                               
the decision  within the  3/18/2008 Legislative  Research Report,                                                               
and cited three cases within that decision.                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN noted that he  had submitted a request for                                                               
an  amendment  a  while  ago  and  still  had  not  received  the                                                               
amendment, and was unsure it would be submitted timely.                                                                         
                                                                                                                                
CHAIR  CLAMAN,  in response  to  Representative  Eastman and  his                                                               
timely efforts  with Legislative  Legal and Research  Services to                                                               
draft his  amendment, answered that  he would  certainly consider                                                               
the circumstances.   He commented  that, according to  his staff,                                                               
Representative  LeDoux had  already drafted  an amendment  on the                                                               
same topic as Representative Eastman.                                                                                           
                                                                                                                                
CHAIR CLAMAN,  in response to Representative  Kopp, advised there                                                               
would be  an opportunity for  committee members to comment  on HB                                                               
200.                                                                                                                            
                                                                                                                                
1:46:34 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  complained   about  the  difficulty  in                                                               
turning in timely amendments.                                                                                                   
                                                                                                                                
CHAIR  CLAMAN noted  to Representative  Reinbold that  during the                                                               
hearing last night  he had advised amendments to  this bill would                                                               
be  due  at 5:00  tonight.    He  stressed that  throughout  this                                                               
session,  he has  consistently  given  appropriate deadlines  for                                                               
amendments in this committee.                                                                                                   
                                                                                                                                
1:47:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented  that  things  are  happening                                                               
quickly  and, as  Chair Claman  knows in  being a  member of  the                                                               
minority  last  year,  many times  the  minority's  requests  are                                                               
rolled to the bottom at Legislative Legal and Research Services.                                                                
                                                                                                                                
REPRESENTATIVE  LEDOUX pointed  out  that  Legislative Legal  and                                                               
Research Services  is a nonpartisan  agency and it does  not roll                                                               
minority bills,  amendments, or questions,  to the bottom  of the                                                               
pile.  She said that an  attack on Legislative Legal and Research                                                               
Services by suggesting it is  anything other than nonpartisan was                                                               
not appropriate.                                                                                                                
                                                                                                                                
REPRESENTATIVE KOPP  agreed that  Legislative Legal  and Research                                                               
Services  is nonpartisan,  but it  only  has a  finite amount  of                                                               
human  resources,  and  it  had put  out  a  detailed  memorandum                                                               
advising of  its priorities and  the minority was at  the bottom.                                                               
He  reiterated that  resources are  limited and  that Legislative                                                               
Legal and Research Services is nonpartisan.                                                                                     
                                                                                                                                
REPRESENTATIVE LEDOUX requested a copy of the memorandum.                                                                       
                                                                                                                                
REPRESENTATIVE REINBOLD said  "It was a zero attack  on leg legal                                                               
at all," because she was attacking the process.                                                                                 
                                                                                                                                
         HB 208-TRUSTS; COMM PROP TRUSTS; POWERS OF APPT                                                                    
                                                                                                                                
1:51:20 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
HOUSE BILL  NO. 208,  "An Act  relating to  trusts and  powers of                                                               
appointment; and providing for an effective date."                                                                              
                                                                                                                                
CHAIR  CLAMAN advised  that  Representative  Kopp had  previously                                                               
requested that the  Department of Law (DOL) offer  an analysis of                                                               
its fiscal note.                                                                                                                
                                                                                                                                
1:51:53 PM                                                                                                                    
                                                                                                                                
RENEE WARDLAW,  Assistant Attorney  General, Commercial  and Fair                                                               
Business Section,  Department of Law,  said she was  available to                                                               
answer questions regarding the fiscal note.                                                                                     
                                                                                                                                
CHAIR  CLAMAN   reiterated  that  during  a   previous  committee                                                               
hearing, Representative  Kopp had  requested a brief  analysis of                                                               
the  fiscal note,  and that  questions may  be prompted  from her                                                               
analysis.                                                                                                                       
                                                                                                                                
MS. WARDLAW responded that this  bill does not necessarily affect                                                               
the Department of  Law (DOL), and as such the  DOL had requested,                                                               
prior  to  this  hearing,  that Legislative  Legal  and  Research                                                               
Services have someone online to speak  to a summary of the fiscal                                                               
note.  She  said the only information she could  offer is limited                                                               
to what is contained in the fiscal note.                                                                                        
                                                                                                                                
1:53:11 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP noted  that the DOL fiscal  note was detailed                                                               
and due to the technical nature  of the bill asked whether it was                                                               
legally sound.                                                                                                                  
                                                                                                                                
MS. WARDLAW asserted  that this bill is legally  sound based upon                                                               
DOL's review.   She explained  there are two sections  within DOL                                                               
relating  to trusts,  and she  is  more familiar  with Title  26.                                                               
Therefore, she  said she was  hesitant to offer  information with                                                               
regard to  Title 13,  as opposed  to information  regarding Title                                                               
26.                                                                                                                             
                                                                                                                                
1:54:04 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  noted  that  the  bill  sponsor  did  contact  all                                                               
committee members  to determine whether anyone  was interested in                                                               
offering an amendment.   He related that no one  was interest and                                                               
thus did not previously notice amendments.                                                                                      
                                                                                                                                
1:55:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP  referred to  a  spreadsheet  by Peak  Trust                                                               
Company, titled "Reasons to Decant  a Trust," and related that it                                                               
offers  five  different   scenarios  as  to  why   this  bill  is                                                               
important.  This legislation, he  commented, will update Alaska's                                                               
trust statutes, and  keep Alaska in a leadership  role for estate                                                               
planning and investments to continue in Alaska.                                                                                 
                                                                                                                                
1:56:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN commented  that  there were  a number  of                                                               
letters of support.                                                                                                             
                                                                                                                                
REPRESENTATIVE  REINBOLD  commented   that  she  appreciated  the                                                               
explanation  of  the  bill  from  the  Peak  Trust  Company,  the                                                               
multiple letters of  support, and the bill  sponsor visiting each                                                               
office, which  was a  good example of  how the  committee process                                                               
should work and  how it was handled in this  committee.  She said                                                               
she supports the legislation.                                                                                                   
                                                                                                                                
REPRESENTATIVE FANSLER  thanked the bill sponsor  for bringing it                                                               
forward, and  related that  he is  extremely leery  anytime there                                                               
are changes in  trust and estate laws, especially  at the request                                                               
of  the  industry.     He  pointed  out  that   Alaska  has  well                                                               
established and longstanding  trust and estate laws  and any time                                                               
the legislature starts to fiddle  with something it creates great                                                               
pause for  him, and requires the  highest level of review  at all                                                               
times.                                                                                                                          
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS noted that  the subject is Greek to                                                               
him and he doesn't really understand  what is being passed out of                                                               
committee.   He pointed to  the lack of opposition  and commented                                                               
that it  would have been  helpful for him  to have a  third party                                                               
assess the  nature of  the modernization  of trust  laws, explain                                                               
consumer protection, revenue  to the state, and  whether this was                                                               
purely a modernization process.                                                                                                 
                                                                                                                                
2:00:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN agreed  that  modernization  was part  of                                                               
this  legislation and  said he  echoes Representative  Fansler in                                                               
that anytime  someone offers a bill  and says not to  worry about                                                               
the  bill because  it  is just  modernizing  things, he  worries.                                                               
Another aspect, he said, is that  each state has its own laws and                                                               
depending upon  the quality and  flexibility of those  laws there                                                               
would be  migrations of professions  and capital.   Therefore, it                                                               
is not just modernization that is  taking place in a bill such as                                                               
this,  it  is also  looking  at  how  competitive Alaska  can  be                                                               
against  other  states  for  market share  in  order  to  attract                                                               
investment into Alaska.                                                                                                         
                                                                                                                                
2:01:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX   commented  that  she  could   see  where                                                               
Representative  Fansler was  coming  from, and  noted that  "this                                                               
trust law stuff" is not generally  a matter of hugely rich people                                                               
on one side  and hugely poor people on the  other side.  Perhaps,                                                               
she  commented,   the  hugely  rich  people   may  have  lawyers,                                                               
lobbyists,  and  so forth;  therefore,  it  is the  legislature's                                                               
obligation to  be certain the  legislation is not  skewed against                                                               
poor  people.   The  whole  trust  field  is  made up  of  fairly                                                               
affluent   sophisticated  people,   and   while   trust  law   is                                                               
complicated,  there  is  the  fact that  the  committee  did  not                                                               
receive one single letter of opposition.                                                                                        
                                                                                                                                
2:02:49 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  said he  supports  the  bill,  and referred  to  a                                                               
previous  question regarding  how this  bill fit  with the  other                                                               
states  which, he  said, gets  to  the competitiveness  question.                                                               
There certainly  are areas  of the law  where the  legislature is                                                               
well served to wait until the  movement of an issue starts coming                                                               
in from  all of  the states.   For  example, the  revised Uniform                                                               
Fiduciary  Access to  Digital Assets  Act, from  the Uniform  Law                                                               
Commission, was a  response to people bringing  forward issues of                                                               
people having  access to information  on the internet.   In those                                                               
types of instances,  the legislature is asked that  the laws keep                                                               
up  with society,  rather than  the  laws leading  society.   The                                                               
folks involved in trusts have an  interest in Alaska being at the                                                               
forefront  of  the  most  modern  laws  because  that  brings  in                                                               
opportunities   for   the   state,  investment   companies,   and                                                               
individuals  who  set up  trusts.    For  example, the  State  of                                                               
Delaware made  a point of  becoming the leader in  corporate law,                                                               
and has gotten  on a cycle of  being at the head of  the curve in                                                               
being a  good place for corporations  to operate.  This  bill, he                                                               
explained,  is an  instance in  which legislators  are trying  to                                                               
make  it possible  for  the Alaska  trust laws  to  draw in  more                                                               
trusts to  incorporate in Alaska, thereby  bringing opportunities                                                               
to Alaskans  they wouldn't have had  if Alaska was in  49th place                                                               
in terms of sophistication of trust laws.                                                                                       
                                                                                                                                
CHAIR CLAMAN agreed with Representative  LeDoux that he, too, was                                                               
struck by  the fact there  were zero  letters of opposition.   He                                                               
said he  was also  struck when the  practicing attorney  from the                                                               
Law  Offices of  Faulkner  Banfield discussed  her  work in  this                                                               
area, and  how Alaska's ability to  stay in the top  two or three                                                               
states  has  helped  her  business and  her  ability  to  provide                                                               
service  to Alaskans  looking for  this type  of work.   For  all                                                               
those reasons, he said he supports this bill.                                                                                   
                                                                                                                                
2:05:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP  moved to report HB  208, Version 30-LS0770\A                                                               
out  of   committee  with  individual  recommendations   and  the                                                               
accompanying  fiscal notes.   There  being no  objection, HB  208                                                               
passed out of committee.                                                                                                        
                                                                                                                                
             HB 1-ELECTION REGISTRATION AND VOTING                                                                          
                                                                                                                                
2:05:57 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 1, "An  Act relating to absentee  voting, voting,                                                               
and  voter registration;  relating to  early voting  locations at                                                               
which persons  may vote  absentee ballots;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
2:06:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CHRIS TUCK, Alaska  State Legislature, pointed out                                                               
the importance  of every Alaskan  having the opportunity  to have                                                               
their voices  heard in an  election process, and  paraphrased the                                                               
sponsor statement as follows [original punctuation provided]:                                                                   
                                                                                                                                
     The  right  to vote  embodies  the  spirit of  American                                                                    
     democracy.  Casting  a  vote  is  the  most  discretely                                                                    
     effective  way  to  have  one's   voice  heard  in  the                                                                    
     political process.  When we exercise our  right to vote                                                                    
     we impact our community far  beyond an election: we are                                                                    
     able to  elect individuals  who will make  decisions on                                                                    
     our behalf  about how our  government will be  run, set                                                                    
     the  policies  that  will  guide  our  state,  and  how                                                                    
     resources, both national and local, are distributed.                                                                       
                                                                                                                                
     Unfortunately, a  surprising number of  Americans don't                                                                    
     exercise their  right to vote.  On average,  only about                                                                    
     half  of eligible  US  voters  cast ballots.  Although,                                                                    
     Alaska is one of a  handful of states which exceeded 50                                                                    
     percent voter  turnout in 2014, almost  half of Alaskan                                                                    
     voters are effectively not being heard.                                                                                    
                                                                                                                                
     House Bill 1  includes a series of  changes designed to                                                                    
     increase  voter  participation  and  access  to  voting                                                                    
     across  the  state  by  improving  and  clarifying  the                                                                    
     voting process. These changes include:                                                                                     
                                                                                                                                
          Providing  same day  voter  registration to  allow                                                                    
          all eligible Alaskans the opportunity to vote;                                                                        
                                                                                                                                
          Enhancing    online   voter    registration   with                                                                    
          electronic  signatures  to make  the  registration                                                                    
          process quicker and easier;                                                                                           
                                                                                                                                
          Ensuring  the  same  early  voting  locations  are                                                                    
          available during every election;                                                                                      
                                                                                                                                
        Creating on option for permanent absentee voting                                                                        
        for individuals that plan to vote by mail every                                                                         
          year; and                                                                                                             
                                                                                                                                
         Clarifying and unifying terminology for early                                                                          
        voting to remove confusion between early voting                                                                         
          and absentee in-person voting.                                                                                        
                                                                                                                                
     By adopting the changes in House Bill 1, we can take a                                                                     
     step forward to increase the voice of all Alaskans.                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK  explained  that  the  House  State  Affairs                                                               
Standing Committee  hearings received feedback from  the Division                                                               
of Elections seeking  to clean-up and basically  update Title 15,                                                               
which had not been updated since  the 1960s.  He pointed out that                                                               
part of the clean-up language  was bringing Alaska's statutes up-                                                               
to-date  with   the  current  procedures   of  the   Division  of                                                               
Elections.                                                                                                                      
                                                                                                                                
2:08:47 PM                                                                                                                    
                                                                                                                                
KENDRA KLOSTER,  Staff, Representative  Chris Tuck,  Alaska State                                                               
Legislature, explained that Section  1 removes language requiring                                                               
a  voter to  register before  an election  within 30  days, as  a                                                               
voter can register  to vote the same day they  vote but they must                                                               
have lived in their district for 30 days.                                                                                       
                                                                                                                                
MS. KLOSTER advised that Sec.  2 permits a person, registering or                                                               
reregistering  as   a  voter,  to   apply  using   an  electronic                                                               
signature.                                                                                                                      
                                                                                                                                
2:10:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  the   sponsor  to  describe  any                                                               
concerns  or  feedback from  the  public  as to  registering  and                                                               
voting the same day versus the 30 day requirement.                                                                              
                                                                                                                                
REPRESENTATIVE  TUCK responded  that the  only concerns  received                                                               
were  with regard  to verification  at  the time  the ballot  was                                                               
counted.  He noted that, similar to Alaska's early voting or in-                                                                
person  absentee  voting, the  ballots  are  always under  review                                                               
prior to being counted.                                                                                                         
                                                                                                                                
REPRESENTATIVE REINBOLD  commented that she had  heard opposition                                                               
with regard  to the 30  day versus "the  no requirement for  a 30                                                               
day election."                                                                                                                  
                                                                                                                                
REPRESENTATIVE TUCK  clarified that  currently a person  can vote                                                               
in-person absentee and change their  voter registration within 10                                                               
days of  the election.   He explained  that the first  section of                                                               
the legislation allows  a first time voter to  change their voter                                                               
registration within 10  days of the election as well  as a person                                                               
previously  allowed  to vote.    He  further explained  that  the                                                               
questioned ballot and absentee ballot  serves the dual purpose of                                                               
being a  ballot, and also  a place to  indicate any changes.   He                                                               
further explained that Section 1 allows  a voter to vote down the                                                               
ballot, and not just the top of the ballot.                                                                                     
                                                                                                                                
2:12:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether  the voter  still had  to                                                               
register   30   days  prior,   but   they   could  change   their                                                               
registration.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  TUCK  disagreed,  and clarified  that  Section  1                                                               
requires a  voter to be a  resident 30 days prior  to voting, the                                                               
residency requirement remains in  statute and in the Constitution                                                               
of the State of Alaska.  Section  1 allows a voter who has been a                                                               
resident [of a district] longer than  30 days to register to vote                                                               
and vote up to the same day of the election, he said.                                                                           
                                                                                                                                
2:13:18 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referred to page  2, line 2, of  the bill                                                               
and  asked whether  "jurisdiction" represented  another state  or                                                               
country.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK  pointed  out that  the  language  currently                                                               
exists under AS 15.07, and paraphrased  from page 2, line 2, "and                                                               
is not registered to vote  in another jurisdiction outside of the                                                               
State of Alaska."                                                                                                               
                                                                                                                                
REPRESENTATIVE EASTMAN referred to the  bill, page 2, line 2, and                                                               
paraphrased "is not registered to vote in another jurisdiction."                                                                
He  asked  whether  there  was   a  mechanism  by  which  someone                                                               
registered in another state could  unregister before the election                                                               
day.   He commented that  in the event the  legislation announces                                                               
to Alaskans  they can  register without waiting  the 30  days, he                                                               
said he would hate  for someone to show up to  vote but could not                                                               
vote because  this language says  they cannot have  registered to                                                               
vote previously.                                                                                                                
                                                                                                                                
REPRESENTATIVE  TUCK deferred  to  the Division  of Elections  to                                                               
speak to  how the division currently  deals with that issue.   He                                                               
advised that last year Alaska  joined the Electronic Registration                                                               
Information Center (ERIC)  system, which is a manner  in which to                                                               
verify  a  person's voter  registration  in  another state.    He                                                               
commented that  Representative Eastman's question was  whether or                                                               
not someone  could unregister  from another  state to  be certain                                                               
they were not  in violation of this statute, and  deferred to Ms.                                                               
Kloster.                                                                                                                        
                                                                                                                                
MS.  KLOSTER advised  that when  registering to  vote in  Alaska,                                                               
there  is a  box to  mark on  the ballot  indicating whether  the                                                               
person is registered to vote in  another state, and when that box                                                               
is  marked the  person is  removed from  the voter  rolls in  the                                                               
other  state.   Currently,  she said,  in order  to  vote in  the                                                               
election the person  must have lived in Alaska for  30 days, with                                                               
the  exception that  they could  vote  for the  president of  the                                                               
United States.  However, this  reads that Alaska's same day voter                                                               
registration allows the  person to vote down ballot,  but it does                                                               
not change  the requirement  that the person  must have  lived in                                                               
the state or district for 30 days.                                                                                              
                                                                                                                                
2:15:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN surmised  that the  registration and  un-                                                               
registration is  automatic on  the day the  person fills  out the                                                               
form, which could be the day of  the election.  He asked why this                                                               
bill  maintained that  language  because the  statute says,  "You                                                               
know, you can do this as  long you're not registered."  He opined                                                               
that the un-registration  process was not automatic  and it would                                                               
not allow  him to un-register  from another state,  then register                                                               
to vote in Alaska, and then vote all on the same day.                                                                           
                                                                                                                                
MS. KLOSTER deferred to the  Division of Elections, and said that                                                               
currently, in  order for  the division to  be certain  the person                                                               
was not voting  in two separate states and was  within the 30 day                                                               
mark,  the person  would vote  a questioned  ballot allowing  the                                                               
information  to be  authenticated  before the  vote was  actually                                                               
counted.                                                                                                                        
                                                                                                                                
2:17:17 PM                                                                                                                    
                                                                                                                                
MS.  KLOSTER, continuing  the  sectional  analysis, advised  that                                                               
Sec. 2, permits a person  registering or reregistering as a voter                                                               
to apply using  an electronic signature, such as  "My Alaska" and                                                               
in the manner in which a  person registers for the permanent fund                                                               
dividend.  She  advised that Sec. 3, allows that  the director of                                                               
the Division  of Elections determine  the form of  the electronic                                                               
signature  and a  definition that  works best  for the  division.                                                               
Ms.  Kloster  said that  Sec.  4,  allows  a qualified  voter  to                                                               
register on  the same day  of the election  or within 30  days of                                                               
residency.    She  explained  that Sec.  5,  amends  the  section                                                               
referring  to  the form  of  the  voter's certificate  [used  for                                                               
voting  an  absentee  in-person,  special  needs,  or  questioned                                                           
ballot] and  the person  can include  any information  they would                                                               
like  to change.   The  section also  adds the  language "special                                                               
needs."   Sec.  6, she  advised,  makes certain  the absentee  or                                                               
questioned ballot  includes a "special  needs ballot"  under that                                                               
definition.    Sec. 7,  clarifies  that  a voter  registering  or                                                               
reregistering would  vote a questioned  ballot, which  would then                                                               
be reviewed  to make  certain the person  was a  qualified voter,                                                               
she said.                                                                                                                       
                                                                                                                                
[Ms. Kloster skipped Sec. 8 in the sectional analysis.]                                                                         
                                                                                                                                
2:18:57 PM                                                                                                                    
                                                                                                                                
MS. KLOSTER noted that Sec.  9, is clean-up language referring to                                                               
voting absentee or questioned ballot.   Sec. 10, she said, "Again                                                               
the same  thing."  Sec.  11, clarifies the terminology  for early                                                               
voting, rather  than absentee or  absentee in-person  voting, she                                                               
explained.                                                                                                                      
                                                                                                                                
2:19:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  referred to Secs.  10 and 11,  and asked                                                               
Ms. Kloster to explain the sections and the new language.                                                                       
                                                                                                                                
MS. KLOSTER  responded that the current  terminology is "absentee                                                               
or  absentee in-person"  voting, meaning  early voting  two weeks                                                               
prior to the  election.  There was some confusion,  she noted, as                                                               
to what absentee  in-person voting actually meant  so the sponsor                                                               
changed  the terminology  to say  that  it is  all called  "early                                                               
voting."                                                                                                                        
                                                                                                                                
REPRESENTATIVE  REINBOLD  surmised that  under  Sec.  11, in  the                                                               
event  a person  votes absentee  by mail,  or votes  at an  early                                                               
voting station and votes in-person,  the terminology would now be                                                               
"early voting."                                                                                                                 
                                                                                                                                
MS.  KLOSTER answered  that Representative  Reinbold was  correct                                                               
and explained  that none  of the  procedures were  changed within                                                               
the  Division   of  Elections,  the   bill  simply   changes  the                                                               
terminology.                                                                                                                    
                                                                                                                                
2:21:31 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  referred to the  bill, page  4, and noted  that Ms.                                                               
Kloster advised  that the goal  was to change the  terminology to                                                               
"early voting" and do away  with [the current terminology].  Yet,                                                               
he pointed  out, absentee voting  was listed three to  four times                                                               
on the page.   He then asked  that if the goal was  to change the                                                               
terminology  to early  voting, why  does the  bill still  call it                                                               
absentee voting.                                                                                                                
                                                                                                                                
REPRESENTATIVE TUCK responded that the  reason was due to current                                                               
statutes.  Sec. 9, he explained,  relates to a person claiming to                                                               
be a  registered voter but  for whom no evidence  of registration                                                               
could be  located in  the precinct, that  person would  then vote                                                               
absentee  or  questioned ballot.    In  that manner,  he  further                                                               
explained, verification  would happen after the  person voted and                                                               
prior to the ballot being counted.                                                                                              
                                                                                                                                
REPRESENTATIVE  TUCK, in  response  to Representative  Reinbold's                                                               
question, answered that  the State of Alaska has  only six actual                                                               
early voting  locations.  At  those locations information  can be                                                               
immediately verified as to where  a person currently lived, their                                                               
exact precinct  number, and their  vote would be  counted without                                                               
any question.   There are 181  locations where a person  can vote                                                               
absentee in-person up  to 15 days prior to the  election.  It was                                                               
discovered during the 2014 election  that many people were turned                                                               
away  and told  they  couldn't vote  absentee  because they  were                                                               
present to vote,  he advised.  The intent of  this legislation is                                                               
clarification  and the  committee will  continue to  see absentee                                                               
and  questioned  ballots  listed   through  the  statutes.    The                                                               
presentation  would  get  to  the   sections  calling  it  "early                                                               
voting," he advised.                                                                                                            
                                                                                                                                
2:23:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  referred  to  Sec.  9,  and  asked  the                                                               
sponsor to drill down as to his goal in changing the language.                                                                  
                                                                                                                                
REPRESENTATIVE  TUCK  reiterated that  in  the  event a  person's                                                               
information could  not be  verified at the  time of  voting, they                                                               
could vote  absentee or questioned  ballot and  their eligibility                                                               
would be verified during the time  it was necessary to count that                                                               
ballot.                                                                                                                         
                                                                                                                                
2:24:25 PM-                                                                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX described the  legislation as attempting to                                                               
make the process  consistent, which was a good thing.   She asked                                                               
whether  the division  had  shared the  reason  for the  somewhat                                                               
convoluted and  arcane manner of  early voting and  then absentee                                                               
in-person voting terminology.                                                                                                   
                                                                                                                                
REPRESENTATIVE  TUCK   described  the  evolutionary   process  as                                                               
follows: initially, there was absentee  voting because the person                                                               
could not make it to  their polling location or was out-of-state;                                                               
it  then   evolved  to  an   absentee  mail-in  ballot   for  the                                                               
convenience of voting and not  leaving home; it then evolved into                                                               
opening  stations  for those  who  preferred  to vote  early  and                                                               
called  it  absentee in-person  voting;  and  the intent  of  the                                                               
legislation is consistency  throughout.  He added  there are also                                                               
special   needs  voting   and  other   voting  methods   to  keep                                                               
consistent.   He  related that  this bill  turned into  a cleanup                                                               
bill for Title 15.                                                                                                              
                                                                                                                                
2:26:07 PM                                                                                                                    
                                                                                                                                
MS. KLOSTER,  in continuing the sectional  analysis, advised that                                                               
Sec. 12,  clarifies the  privileges of  poll watchers  and brings                                                               
the statutes up-to-date while clarifying  the current practice of                                                               
allowing individuals to  watch what is going on  while people are                                                               
voting.   The language changes  an "initiative or  referendum" to                                                               
"ballot proposition"  to include both initiative  and referendum.                                                               
This  section also  clarifies in  statute that  the candidate,  a                                                               
group, or an  organization is allowed one or  more poll watchers,                                                               
which is the division's current practice, she advised.                                                                          
                                                                                                                                
2:27:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked the definition of  "party" for this                                                               
section  because the  statewide definition  of what  constitute a                                                               
party  is that  it must  have  a certain  number of  voters.   He                                                               
commented that  this discussion  has been  at the  precinct level                                                               
and that a  precinct could have 90 percent to  100 percent of its                                                               
voters  belonging to  a party  that was  not large  enough to  be                                                               
considered a  statewide party.   Under  the current  language, he                                                               
opined that party would not be qualified to have a poll watcher.                                                                
                                                                                                                                
MS. KLOSTER replied that the  bill does not change the definition                                                               
and pointed out that the bill  read "a candidate" and a candidate                                                               
would  be able  to have  a poll  watcher.   In speaking  with the                                                               
division, she  said it had  advised it "doesn't really  turn away                                                               
people that want to come and  poll watch."  She remarked that the                                                               
division  had  not  run  into  any  issues  at  this  point,  and                                                               
clarified  that "anyone  that  is  running and  they  want to  be                                                               
there, whether it  be a ballot proposition or  a candidate that's                                                               
running, no matter what party they  are in, they can have someone                                                               
there."                                                                                                                         
                                                                                                                                
2:28:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  whether it  was her  understanding                                                               
that a group  not large enough to be a  party could qualify under                                                               
this language.                                                                                                                  
                                                                                                                                
MS.  KLOSTER  answered  that  the  sponsor  envisioned  this  was                                                               
inclusive of everyone of any group.                                                                                             
                                                                                                                                
2:29:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX commented that many  years ago she was in a                                                               
situation  where  the   division  would  not  let   her  have  an                                                               
individual  poll  watcher  in the  general  election  because  it                                                               
wanted to  leave that totally to  the party.  She  stated that if                                                               
this is what  the division is doing currently, it  is a good idea                                                               
to clarify the intent.                                                                                                          
                                                                                                                                
MS. KLOSTER said the sponsor wanted  the intent in the statute to                                                               
avoid issues in the future.                                                                                                     
                                                                                                                                
2:30:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred to the  bill, page 5, line 7, and                                                               
described the language  as distinguishing candidates representing                                                               
a  political  party  from  candidates  who  do  not  represent  a                                                               
political party.   In the  event the idea  is to be  inclusive to                                                               
all  candidates,   possibly  the  limiting  language   should  be                                                               
removed.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK advised  that  the language  does not  allow                                                               
just any  public member  to be  a poll  watcher, and  referred to                                                               
[Sec. 15.10.170(a)] page 5, lines 1-6], which read as follows:                                                                  
                                                                                                                                
     (a)  In a  general  election, special  election, or  special                                                           
runoff  election  under  AS 15.40.141,  a  [THE]  precinct  party                                                           
committee, where  an organized precinct committee  exists, or the                                                               
party district  committee where  no organized  precinct committee                                                               
exists, or  the state party  chair [CHAIRPERSON] where  neither a                                                           
precinct nor a party district committee exists, ...                                                                             
                                                                                                                                
REPRESENTATIVE  TUCK referred  to  page 6,  where,  he said,  the                                                               
language allows  it to be  opened up  for others, and  opined the                                                               
language is  all inclusive.   He  acknowledged that  the language                                                               
does not  include "just  anyone who  wants to  be a  poll watcher                                                               
that's not  sanctioned by a  party, or  a candidate, or  a ballot                                                               
initiative, or one way or the other."                                                                                           
                                                                                                                                
2:32:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  that  staff  provide the  "exact,                                                               
what it  does versus  the comparison" of  what the  bill changes.                                                               
She asked  Representative Tuck whether  he had said  the language                                                               
opens it up to almost anyone that wants to be a poll watcher.                                                                   
                                                                                                                                
REPRESENTATIVE TUCK  answered that  the language  opens it  up to                                                               
almost  anyone,   but  there  are  conditions.     Basically,  he                                                               
explained, any  organization or organized group  that sponsors or                                                               
poses a  ballot proposition  or recall, may  appoint one  or more                                                               
watchers  at   each  precinct  or   counting  centers   for  each                                                               
individual candidate rather than solely a party.                                                                                
                                                                                                                                
CHAIR CLAMAN  referred to Representative Reinbold's  request [for                                                               
staff to  prepare a  comparison] of  the previous  process versus                                                               
the  current  process,  and reminded  her  that  the  capitalized                                                               
letters  in  brackets  depict the  language  being  removed  from                                                               
statute, and the bolded underlined  language depicts the language                                                               
being  added.   Therefore, he  remarked, Representative  Reinbold                                                               
already  has the  information as  to how  the language  was being                                                               
changed from existing statute.                                                                                                  
                                                                                                                                
REPRESENTATIVE  REINBOLD   commented  that  she  must   email  to                                                               
inquiring  constituents,  and  she  was happy  to  do  that,  but                                                               
sometimes constituents  have a difficult  time with  the brackets                                                               
and underlining.                                                                                                                
                                                                                                                                
MS. KLOSTER advised that she  had prepared a document identifying                                                               
what each section  depicted on one line and she  could send it to                                                               
Representative Reinbold.   It was  important to the  sponsor, she                                                               
described, "that  we didn't just let  a whole bunch of  people in                                                               
there into  the poll watching"  in order  to keep the  area clear                                                               
for people voting.                                                                                                              
                                                                                                                                
REPRESENTATIVE REINBOLD  said that was  her exact concern  as she                                                               
has several people in her district  "doing this for a long, long,                                                               
long time" who want a  thorough explanation, especially regarding                                                               
Secs. 12 and 13.                                                                                                                
                                                                                                                                
2:34:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  referred to  the bill,  page 5,  line 16,                                                               
wherein language  was being removed  that dealt  with citizenship                                                               
requirements, and he did not see  that language coming back up in                                                               
other areas  of the  bill.   He asked  whether there  was concern                                                               
that  not  enough  foreign  poll watchers  were  allowed  at  the                                                               
polling places.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  TUCK  referred to  Sec.  13,  and explained  that                                                               
Title 15 was being reorganized  and cleaned-up to make certain it                                                               
read well,  and page 6, lines  17-18, read, "A watcher  must be a                                                               
United States citizen."                                                                                                         
                                                                                                                                
CHAIR CLAMAN  explained to Representative Eastman  that there are                                                               
instances where  a sponsor  starts with a  bill and  people start                                                               
thinking  of amendments  to try  to  make it  bigger and  better,                                                               
thereby  making  a small  bill  into  a big  bill.    This is  an                                                               
instance where the sponsor started  with a small bill long enough                                                               
ago that  someone decided to  make it into  a big bill  before it                                                               
came  to  the  House  Judiciary Standing  Committee,  he  further                                                               
explained.                                                                                                                      
                                                                                                                                
2:36:08 PM                                                                                                                    
                                                                                                                                
MS. KLOSTER,  in continuing the sectional  analysis, advised that                                                               
in moving  things around, the  language deleted from Sec.  12 was                                                               
placed into Sec.  13.  She said that Sec.  14 added a declaration                                                               
attesting to  the truth and  accuracy of the  information offered                                                               
as to the same day voter registration questioned ballot.                                                                        
                                                                                                                                
MS. KLOSTER advised that Secs.  15-17, relates to the declaration                                                               
added to  all questioned ballots  that the Division  of Elections                                                               
had requested.  Sec. 18,  changes the terminology of early voting                                                               
and adds the designation of an early voting station.                                                                            
                                                                                                                                
MS.  KLOSTER advised  that in  approximately 2014,  there was  an                                                               
effort by a number of organizations  such as, "Get Out the Native                                                               
Vote,  AFN" to  have early  voting stations  in a  number of  the                                                               
state's  rural areas  offering everyone  access to  early voting.                                                               
Under  this  section,  the  language  keeps  those  early  voting                                                               
stations consistent  every single year  so every Alaskan  has the                                                               
opportunity to early vote.   Secs. 19-22, relates to early voting                                                               
terminology  updates.   Sec. 23,  allows  for voter  registration                                                               
updates.   Currently,  when  a person  votes  and includes  their                                                               
information,  they update  their  voter registration  on the  day                                                               
they are  voting.   However, she pointed  out, under  the current                                                               
practice, the  voter registration  is not  updated if  the person                                                               
voted by  facsimile or  email, and  this is  one of  the clean-up                                                               
areas the  division requested.   Therefore, if a person  votes by                                                               
facsimile or email, all of their information would be updated.                                                                  
                                                                                                                                
2:38:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  referred  to  Sec. 21,  and  asked  Ms.                                                               
Kloster to  focus on any  major changes  in the section,  and the                                                               
intent of the sponsor.                                                                                                          
                                                                                                                                
MS.  KLOSTER reiterated  that AS  15.20.064 is  related to  early                                                               
voting  and  if  a  voter's  eligibility to  vote  could  not  be                                                               
verified  by  the  election  official  during  the  early  voting                                                               
process,  they would  vote an  absentee questioned  ballot.   The                                                               
ballot would then go through  an additional review process by the                                                               
Division of  Elections to ensure  the person was  eligible before                                                               
the vote was counted, she explained.                                                                                            
                                                                                                                                
2:40:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  how  that  process was  different                                                               
from the current process.                                                                                                       
                                                                                                                                
MS. KLOSTER  answered that it  is additional language  to clarify                                                               
in statute  that in  the event  a voter  was voting  a questioned                                                               
ballot this  is the review  process to  follow.  She  deferred to                                                               
the Division of Elections.                                                                                                      
                                                                                                                                
2:41:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD referred to  Sec. 21, and offered concern                                                               
that  the  results of  the  election  may  be delayed  and  asked                                                               
whether that issue had been addressed.                                                                                          
                                                                                                                                
MS. KLOSTER deferred  to the Division of  Elections, and referred                                                               
to  the PFD  voter initiative,  wherein when  signing up  for the                                                               
permanent fund dividend (PFD), the  person would be registered to                                                               
vote.   She pointed out  that there should  not be a  huge impact                                                               
because more people  will be registered to vote  after signing up                                                               
for the PFD.                                                                                                                    
                                                                                                                                
2:42:36 PM                                                                                                                    
                                                                                                                                
MS. KLOSTER,  in continuing the sectional  analysis, explained as                                                               
follows: Sec.  22 changes  terminology to  early voting;  Sec. 23                                                               
relates to  updating voter registration via  email and facsimile;                                                               
and  Sec. 24  is  a new  subsection.     Current absentee  ballot                                                               
language read that if a  person preferred an absentee ballot each                                                               
year  they  had  to  fill  out an  application.    This  language                                                               
requests permanent absentee voting such  that a person signing up                                                               
could stipulate they  preferred to receive an  absentee ballot to                                                               
their home every single year without the necessity of applying.                                                                 
                                                                                                                                
However, she said, should the  mail be returned, the person would                                                               
fall off the  list of voters automatically  receiving an absentee                                                               
ballot each year.  Also,  she explained, the person receiving the                                                               
absentee ballot must vote every year,  and if they have not voted                                                               
within four  years the absentee  ballot would not continue  to be                                                               
sent to  the person  and they  would be  required to  re-apply in                                                               
order  to participate,  and they  do not,  at all,  fall off  the                                                               
voter rolls.                                                                                                                    
                                                                                                                                
2:43:45 PM                                                                                                                    
                                                                                                                                
MS. KLOSTER  advised that  Sec. 25 relates  to [a  voter changing                                                               
party  affiliation within  30 days  before the  primary election]                                                               
wherein they  vote an absentee in-person,  special, or questioned                                                               
ballot  [with  the  voter's  new  affiliation  indicated  on  the                                                               
voter's certificate  attesting that  the information is  true and                                                               
correct],  which appears  on the  envelope.   Sec. 26,  she said,                                                               
offers  that  "electronic signature"  has  the  meaning given  in                                                               
existing AS 09.80.190.                                                                                                          
                                                                                                                                
2:44:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred to Sec.  25 of the bill, page 11,                                                               
lines  11-12,  and  the  "30th  day"  references  designating  an                                                               
individual's party affiliation.  Although,  he said, the next few                                                               
lines read  that if a person  changed their party, the  new party                                                               
kicks  in.   He  asked why  it was  necessary  to designate  both                                                               
because  it's whatever  party they  are a  member of  on election                                                               
day, and  also it's  whatever party  at the 30th  day.   He asked                                                               
whether  that  language was  required  to  tell the  Division  of                                                               
Elections  what   absentee  ballots   to  mail,  and   asked  the                                                               
significance  of  keeping  those   two  contradictory  pieces  of                                                               
language.                                                                                                                       
                                                                                                                                
REPRESENTATIVE TUCK  answered that currently, the  language is 30                                                               
days  before  the  primary  election,  and  "then  we  have  this                                                               
condition,"  and  paraphrased as  follows:  "If  a voter  changes                                                               
party affiliation  within 30  days then the  voter shall  vote an                                                               
absentee, in-person,  special needs, or questioned  ballot at the                                                               
primary election  with the voter's  new party ..."   He explained                                                               
that within  10 days of  the election  a person can  change their                                                               
party  affiliation "as  you early  vote," and  this was  added to                                                               
keep  everything  consistent up  to  the  same  day voting.    He                                                               
reiterated that a  person can use that ballot  envelope to update                                                               
any  information they  would like  to update,  including changing                                                               
party  affiliation.   Although, he  said, he  was unsure  why the                                                               
language was  drafted in this  manner and that  Legislative Legal                                                               
and Research Services may discuss this issue at a later time.                                                                   
                                                                                                                                
REPRESENTATIVE   REINBOLD  commented   that   she  has   concerns                                                               
regarding  Sec.  25,  and  she would  speak  with  the  sponsor's                                                               
office.                                                                                                                         
                                                                                                                                
2:46:54 PM                                                                                                                    
                                                                                                                                
MS. KLOSTER  referred to  Sec. 27  and advised  it refers  to the                                                               
early  voting  change  in  terminology;  Sec.  28  is  conforming                                                               
language  for  same  day  voter  registration;  Sec.  29  repeals                                                               
information dealing with the same  day voter registration of a 30                                                               
day  requirement; Sec.  30  relates  to Transitional  Provisions:                                                               
Regulations; and Sec. 31 is the effective date.                                                                                 
                                                                                                                                
CHAIR CLAMAN opened public testimony on HB 1.                                                                                   
                                                                                                                                
2:48:18 PM                                                                                                                    
                                                                                                                                
EUGENE  HABERMAN, Unincorporated  Area  of the  Matanuska-Susitna                                                               
Borough, said he  represents himself and added  that the comments                                                               
he made  earlier today  on HB  200 reflect  his comments  on this                                                               
bill.   He referred  to the  phrase "poll watcher"  in HB  1, and                                                               
asked  what happens  after  the election  when  dealing with  the                                                               
ballots.  He said he is  denied his right to observe counting the                                                               
ballots  and verifying  they are  legitimate  before opening  the                                                               
envelopes, and  so forth.  In  the past, he said,  Anchorage sent                                                               
out letters advising it had  rejected the ballot envelope and the                                                               
person had  an opportunity  to appeal, but  last night  there was                                                               
the situation in  which it did not provide that  opportunity.  He                                                               
referred  to the  lower  voter  turnout in  the  local and  state                                                               
elections  and  noted  there  were  occasions  where  there  were                                                               
differences of a few votes as to  who won the election.  He said,                                                               
"when  you do  not have  an opportunity  for a  party to  be told                                                               
beforehand  that their  ballot is  not  going to  be counted  and                                                               
their right  to appeal" creates  a situation where  someone would                                                               
say the elections weren't legitimate,  and that's what's going on                                                               
at the state level.  He  reminded the committee of the last state                                                               
primary election  where there  was a  court proceeding,  and what                                                               
stood  out  was that  the  "head  of  elections" went  on  record                                                               
advising  "that she's  going  to do  on the  job  training."   He                                                               
expressed that  the person  in charge of  election should  not be                                                               
learning  on the  job, and  the lack  of education  of the  party                                                               
responsible  for state  elections  leads the  situation to  where                                                               
legitimacy cannot be shown to be valid.                                                                                         
                                                                                                                                
2:51:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  asked  that  Mr.  Haberman  e-mail  his                                                               
testimony to Chair Claman's office or her office.                                                                               
                                                                                                                                
CHAIR  CLAMAN, in  response to  Representative Reinbold,  advised                                                               
that Eugene Carl Haberman was testifying.                                                                                       
                                                                                                                                
2:52:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  commented   that  he   appreciated  Mr.                                                               
Haberman's  concern  with  regard  to someone's  vote  not  being                                                               
counted with no opportunity to appeal,  and noted that if that is                                                               
the case in current state law  it should be reviewed.  He related                                                               
that he knows  of an individual who received that  letter in mail                                                               
advising  that their  vote did  not  count, and  when the  person                                                               
tried to figure  out why, the division could not  find any reason                                                               
why it would have not let the person vote.                                                                                      
                                                                                                                                
2:53:05 PM                                                                                                                    
                                                                                                                                
MICHAEL HAWFIELD said  he represents himself, he  agrees with Mr.                                                               
Haberman's  concerns,  and  he looks  forward  to  Representative                                                               
Chris Tuck  pursuing some of  those issues.  He  expressed strong                                                               
support for HB  1, and noted that during the  last election while                                                               
assisting  new  voters  regarding  how  the  process  worked,  he                                                               
particularly  noted that  voters  who wanted  to  vote early  but                                                               
didn't  know much  about  registration.   He  remarked that  this                                                               
effort   to  clarify   and  streamline   the  whole   process  of                                                               
registration, and especially early voting  is very important.  He                                                               
stressed that there are so many  younger people turned off to the                                                               
whole  process of  voting, which  is  a significant  part of  the                                                               
depression  of  voter  response   in  Alaska's  elections.    The                                                               
sanctity  of  elections  is  paramount and  he  related  that  he                                                               
applauds the work by Representative  Tuck in creating a bill that                                                               
will help immensely.                                                                                                            
                                                                                                                                
2:55:12 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  listed the people  available for questions.   After                                                               
ascertaining  that  no  one  wished  to  testify,  closed  public                                                               
testimony on HB 1.                                                                                                              
                                                                                                                                
2:55:43 PM                                                                                                                    
                                                                                                                                
CAROL  THOMPSON,   Absentee  &  Petition  Manager,   Division  of                                                               
Elections,  Office of  the Lieutenant  Governor,  in response  to                                                               
Chair Claman, said she was  unsure she should address whether the                                                               
administration supported HB  1 because it was a  question for the                                                               
director of the division, and she  was not prepared to answer the                                                               
question.                                                                                                                       
                                                                                                                                
2:56:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred to  a previous question regarding                                                               
page 2,  lines 1-2 of  the bill, and  asked why the  bill retains                                                               
lines 1-2 as  is, and paraphrased: "(4) ... as  required under AS                                                               
15.07 and  is not  registered to  vote in  another jurisdiction."                                                               
He   asked  whether   this  bill   provides  for   automatic  un-                                                               
registration in  another jurisdiction  when the  person registers                                                               
to vote,  whether that process was  relatively instantaneous, and                                                               
if that  was the case, why  does the stipulation remain  that the                                                               
person cannot be registered in another jurisdiction.                                                                            
                                                                                                                                
2:57:34 PM                                                                                                                    
                                                                                                                                
MS. THOMPSON explained that within  current voter registration, a                                                               
person must  be registered 30  days prior  to an election.   This                                                               
particular language  speaks to the  fact that a person  cannot be                                                               
registered to vote in another  jurisdiction or another state, and                                                               
people  would  have been  able  to  notify  those states  of  the                                                               
person's   cancellation  through   Alaska's  voter   registration                                                               
application, or they  could contact the state  itself and request                                                               
cancellation.   As  far as  the intention  of the  bill, at  this                                                               
point, how that  would be addressed at the  same day registration                                                               
level would  have to be  determined.   She remarked that  at this                                                               
point, with  regard to a  person not  on a precinct  register, if                                                               
they go to a polling place  on election day and vote a questioned                                                               
ballot,  the question  of whether  the person  was registered  in                                                               
another state is  not on that particular envelope  and would have                                                               
to be addressed in some manner through the sponsor's bill.                                                                      
                                                                                                                                
2:58:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  noted this  is  not  new language  being                                                               
added, and asked whether there was a discrepancy.                                                                               
                                                                                                                                
MS. THOMPSON  reiterated that,  at this  point, the  question was                                                               
not on  the envelope, although, it  is part of the  voter oath in                                                               
the  declaration at  the  bottom  of the  ballot,  which read  as                                                               
follows:                                                                                                                        
                                                                                                                                
     ... I am not registered to vote in another state, or I                                                                     
         have taken the necessary steps to cancel that                                                                          
     registration. ...                                                                                                          
                                                                                                                                
2:59:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  pointed  out  that currently  it  is  not                                                               
necessary  for a  voter to  be registered  within 30  days of  an                                                               
election when  voting for a  presidential candidate.   Therefore,                                                               
she said, if  there is any language or anything  that needs to be                                                               
done  to   un-register  oneself  from  another   jurisdiction  it                                                               
presumably should be  performed by the Division  of Elections, or                                                               
this bill can take care of it, hopefully.                                                                                       
                                                                                                                                
3:00:13 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP referred  to  Secs.  1 and  8  of the  bill,                                                               
noting  that  Sec.  1  addressed   voting  in  a  house  district                                                               
indirectly, and Sec.  8 addressed that issue directly.   He asked                                                               
whether a person could vote the  down ballot for a house district                                                               
representative if  they moved into  the house district  that same                                                               
day.                                                                                                                            
                                                                                                                                
MS.  THOMPSON responded  that  currently, a  person  would go  to                                                               
their polling  place on election day  and if their name  does not                                                               
appear  on   the  precinct  register,   they  are   afforded  the                                                               
opportunity  to vote  the questioned  ballot.   Or, in  the event                                                               
they indicated they  no longer live in  that particular district,                                                               
they are  afforded the opportunity  to vote a  questioned ballot.                                                               
The questioned  ballot envelope, she explained,  allows the voter                                                               
to list their  current address and when  those questioned ballots                                                               
come back from the polling place  to the Division of Elections it                                                               
performs a  review of their  information on the  database system.                                                               
In the event there is a  conflict of districts, the division does                                                               
not count the house district portion  and it works its way up the                                                               
ballot.  The  process, she explained, is that  the division would                                                               
start  with  the  house  district  and  whether  the  person  was                                                               
registered at  the same  senate district, and  in the  event they                                                               
are registered  in the  same senate  district the  division would                                                               
count  that race.    She related  that should  the  voter not  be                                                               
registered in the  house or senate districts;  the division would                                                               
count all of the statewide races.                                                                                               
                                                                                                                                
3:01:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KOPP questioned whether it  was current law that a                                                               
person must  be registered  in a  house district  for 30  days to                                                               
vote that particular seat on the ballot.                                                                                        
                                                                                                                                
MS. THOMPSON answered in the affirmative.                                                                                       
                                                                                                                                
3:02:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KOPP referred  to Senate  Bill 9  [passed in  the                                                               
Twenty-Ninth  Alaska State  Legislature]  and described  it as  a                                                               
significant elections  reform bill.   He noted  that part  of the                                                               
bill  was  to encourage  voter  notification  and updating  state                                                               
voter  registration  rolls through  an  ability  to partner  with                                                               
nonprofit  cooperative efforts  lead  by states  rather than  the                                                               
federal  government.   He  asked  whether  the program  had  been                                                               
implemented.                                                                                                                    
                                                                                                                                
MS.  THOMPSON  responded that  in  2016,  the division  performed                                                               
outreach  using the  Electronic  Registration Information  Center                                                               
(ERIC) program.  The division  performed outreach to all 2016 un-                                                               
registered voters  advising they  could register  to vote.   This                                                               
year, she offered, the division  will work to match Alaska's list                                                               
against  other state  lists to  determine whether  voters may  be                                                               
registered  in  more  than  one  state,  and  the  division  will                                                               
continue to work that process.                                                                                                  
                                                                                                                                
3:03:31 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX offered a  scenario that someone moved into                                                               
House  District A  from House  District  B, and  had not  changed                                                               
their registration  until they arrived  at the polling  place, or                                                               
they changed  their registration through an  absentee ballot they                                                               
received while  living in  House District B.   Except,  she said,                                                               
they  voted when  they were  in  House District  A, indicating  a                                                               
different  address.   She  asked whether  their  vote for  either                                                               
House District A or B counted.                                                                                                  
                                                                                                                                
MS.  THOMPSON answered  that  voters have  only  one ballot,  the                                                               
division  would determine  which house  district they  resided in                                                               
and compare  it with the  house district  they voted and  if they                                                               
were not  registered in  the same house  district as  the ballot,                                                               
that portion of  the ballot would not count and  it is considered                                                               
a partially counted ballot.                                                                                                     
                                                                                                                                
3:04:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX explained  that  she was  talking about  a                                                               
voter receiving  their [absentee]  ballot before they  moved, but                                                               
hadn't yet voted  their ballot.  Then, on election  day the voter                                                               
decides they don't  want to go to the polls  and votes the ballot                                                               
they lugged from  their prior address.  The voter  then fills out                                                               
the [absentee ballot]  with all of the  statewide candidates, the                                                               
senate, and House  District B, and the voter also  lists on their                                                               
absentee  ballot  an affirmation  of  their  address.   When  the                                                               
division  looks at  the address  it  realizes the  person was  no                                                               
longer living  in House  District B, and  was actually  living in                                                               
House District  A.  She  said she  assumed the ballot  where they                                                               
voted for the candidate running  in House District B, yet showing                                                               
an  address  in House  District  A,  doesn't  count.   She  asked                                                               
whether she was correct.                                                                                                        
                                                                                                                                
MS.  THOMPSON explained  that the  person requesting  an absentee                                                               
ballot  by mail  must  submit their  absentee ballot  application                                                               
first.  The division receives  the voter's application, processes                                                               
the  application with  their residence  address,  and the  ballot                                                               
sent to  the person is based  upon their residence address.   The                                                               
voter  then  receives  the  absentee  ballot  envelope  with  the                                                               
signature,  witnessing, and  identifier  requirements.   In  that                                                               
situation, she  explained, if  the person  was registered  in the                                                               
district 30  days before the  election and that is  the residence                                                               
address  the  division  has  on  file, that  is  the  ballot  the                                                               
division sends to them and that  ballot would be counted in full.                                                               
Although,  she said,  if the  person provided  the division  with                                                               
their  application after  the 30  day registration  deadline with                                                               
the  new residence  address,  the division  would  send them  the                                                               
ballot for  that district;  however, it  would not  count because                                                               
they did not register in the district timely.                                                                                   
                                                                                                                                
3:07:26 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   offered  a  scenario   of  a  person   living  in                                                               
Representative  LeDoux's district  30 days  before the  election,                                                               
but  they move  to Chair  Claman's  district 15  days before  the                                                               
election, and  the person  receives an early  ballot in  the mail                                                               
listing Chair Claman's district.   Under HB 1, the division would                                                               
send  the person  the ballot  for the  new district  because they                                                               
would  be re-registered  in Chair  Claman's district  and receive                                                               
that ballot, he asked.                                                                                                          
                                                                                                                                
MS. THOMPSON answered that the intention  of the bill is to allow                                                               
for  same day  registration  so long  as the  person  had been  a                                                               
resident of  the district for  30 days.   She related  that there                                                               
would  have  to  be  some  type  of  process,  or  some  sort  of                                                               
notification  on  the envelope  itself  that  read "I've  been  a                                                               
resident  of  a district  for  30  days,"  that the  sponsor  may                                                               
consider.   It would still come  back to that 30  day requirement                                                               
of being  a resident  in that district,  to determine  whether or                                                               
not the  person would be  eligible to  vote that house  or senate                                                               
district ballot, she explained.                                                                                                 
                                                                                                                                
3:08:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX opined  that  when she  voted an  absentee                                                               
ballot it asked for her address.                                                                                                
                                                                                                                                
MS. THOMPSON interjected that in  the event Representative LeDoux                                                               
was discussing absentee  ballot by mail, there is  not a question                                                               
on the ballot  as to the person's residence address.   The person                                                               
simply  signs  the ballot,  has  it  witnessed, and  provides  an                                                               
identifier  because  under  state   law  those  three  items  are                                                               
required.   The person must first  apply in order to  receive the                                                               
ballot, which  is where  the application  states that  the person                                                               
must provide a residence address.                                                                                               
                                                                                                                                
3:09:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   TUCK  referred   to   Chair  Claman's   scenario                                                               
regarding someone  moving into his  district and voting  by mail,                                                               
and said that  it would be an absentee  ballot for Representative                                                               
LeDoux's district because the requirement  is that they must live                                                               
in Chair  Claman's district within  the 30 day  time requirement.                                                               
In  that situation,  he explained,  the division  would not  even                                                               
have known to change the  ballot to Chair Claman's district until                                                               
the  person changed  their voter  registration to  Chair Claman's                                                               
district.                                                                                                                       
                                                                                                                                
3:10:28 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN, in response to  Representative Reinbold, advised he                                                               
did  not plan  to  put HB  1  on the  calendar  tomorrow and  the                                                               
Division of Elections  would be available when the  bill was next                                                               
heard.                                                                                                                          
                                                                                                                                
3:11:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred to Sec.  15.10.170, page 5 of the                                                               
bill, and opined that a person, as  a member of a ballot group or                                                               
party, or a  candidate, is allowed a poll watcher.   Although, he                                                               
noted, if they are  a member of a group trying  to become a party                                                               
they do not receive a poll watcher.                                                                                             
                                                                                                                                
MS.  THOMPSON responded  that  it is  the  interpretation of  the                                                               
Division of Elections that it  does allow for a person affiliated                                                               
with  a small  minor  party,  or a  political  group.   She  then                                                               
referred to [Sec.  15.10.170, page 5, lines  2-6] and paraphrased                                                               
as follows:                                                                                                                     
                                                                                                                                
     (a)  In  a  general   election,  special  election,  or                                                                
     special  runoff election  under AS  15.40.141, a  [THE]                                                                
     precinct party  committee, where an  organized precinct                                                                    
     committee  exists,  or  the  party  district  committee                                                                    
     where no  organized precinct  committee exists,  or the                                                                    
     state party chair [CHAIRPERSON] ...                                                                                    
                                                                                                                              
MS.  THOMPSON  explained  those  would  be  the  four  recognized                                                               
political parties of the State  of Alaska at this time, Democrat,                                                               
Republican,  Alaska Independent,  and Libertarian  Parties.   She                                                               
continued paraphrasing the section as follows:                                                                                  
                                                                                                                                
     (a)... where  neither a precinct  nor a  party district                                                                    
     committee exists, may appoint  one or more [PERSONS AS]                                                                    
     watchers in each precinct and counting center.                                                                             
                                                                                                                                
MS.  THOMPSON further  explained that  that allows  for watchers.                                                               
She continued paraphrasing the section as follows:                                                                              
                                                                                                                              
     (a)...  A  [FOR  ANY   ELECTION.  EACH]  candidate  not                                                                
     representing a political party may  appoint one or more                                                                    
     watcher  for each  precinct or  counting center  in the                                                                    
     candidate's respective  district of the state  [FOR ANY                                                                    
     ELECTION].                                                                                                               
                                                                                                                                
MS. THOMPSON explained that any  other candidate appearing on the                                                               
ballot is allowed to have [one or more] watcher.                                                                                
                                                                                                                                
3:13:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN restated his  question and referred to the                                                               
un-recognized Veterans'  Party that  does not have  candidates in                                                               
all of the  different precincts and districts.   In the districts                                                               
where the  Veterans' Party does  not have  a candidate to  grab a                                                               
poll  watcher, and  the candidate  was not  a member  of a  state                                                               
recognized party  to receive  a poll watcher,  he asked  how they                                                               
would receive a poll watcher.                                                                                                   
                                                                                                                                
MS.  THOMPSON   paraphrased  that  it  read:   "a  candidate  not                                                               
representing  a political  party."     The  Veterans' Group,  she                                                               
explained, would be a political  group that had not met political                                                               
party  status, and  opined that  the Veterans'  Group would  fall                                                               
under that definition.                                                                                                          
                                                                                                                                
3:14:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN commented that he  would have had the same                                                               
thoughts,  except  in  a  couple   places  in  the  statute  when                                                               
discussing groups, "we specifically  limit the group" receiving a                                                               
poll  watcher to  a  group  dealing with  a  ballot measure,  for                                                               
example.   In the event the  group does not have  that caveat, he                                                               
offered his belief that they did not qualify.                                                                                   
                                                                                                                                
MS. THOMPSON commented  that this may be an area  for the sponsor                                                               
to specifically add "political groups."                                                                                         
                                                                                                                                
REPRESENTATIVE  TUCK  responded that  the  only  way a  political                                                               
group  would have  a  poll watcher,  for  example the  "Veterans'                                                               
Group" is if  it had a candidate  in that district.   In order to                                                               
have poll watchers  outside of that district,  he explained, they                                                               
would have to have someone  at a higher level statewide candidate                                                               
or  a senate  candidate  if  they just  wanted  to  look at  poll                                                               
watchers.  He said he agrees there  is a limit in the language to                                                               
prevent poll  watchers that do  not necessarily have  a candidate                                                               
in  that election.   However,  in describing  limitations put  on                                                               
poll watchers,  he offered the  example that the  Veterans' Group                                                               
having a  candidate, referendum, proposition, initiative,  or was                                                               
weighing  in on  an issue  as a  group, would  be allowed  a poll                                                               
watcher.                                                                                                                        
                                                                                                                                
3:16:17 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether, currently,  there  is  a                                                               
manner  in which  a  person  could appeal  their  vote not  being                                                               
counted.                                                                                                                        
                                                                                                                                
MS.  THOMPSON   answered  there  are  specific   Alaska  statutes                                                               
advising the Division of Elections  how to handle ballots missing                                                               
information, and the division is  to reject those ballots under a                                                               
particular statute at this time.                                                                                                
                                                                                                                                
3:17:00 PM                                                                                                                    
                                                                                                                                
MS.  THOMPSON,  in  response to  Representative  Eastman,  agreed                                                               
there is no appeal process.                                                                                                     
                                                                                                                                
REPRESENTATIVE  TUCK opined  that "when  it does  not affect  the                                                               
outcome then it doesn't go to a  higher level," but it does go to                                                               
a higher level if it can  affect the outcome, and the Division of                                                               
Elections would contact those people  individually.  In the cases                                                               
where someone  may have received  a letter advising  their ballot                                                               
didn't count, the person's ballot may  not have had any effect on                                                               
the outcome of  the election.  For example, he  offered, if there                                                               
were 50  of those uncounted votes  with a 100 vote  spread, those                                                               
ballots would  not have an  effect on  the outcome.   However, if                                                               
the vote  spread was  25 votes, the  Division of  Elections would                                                               
contact  people  as there  would  be  that additional  layer,  he                                                               
explained.                                                                                                                      
                                                                                                                                
MS. THOMPSON explained  that ballots are looked  at again through                                                               
the recount  process, but  the division still  has to  follow the                                                               
guidelines  of statute  advising  how  to count  or  not count  a                                                               
ballot.   She  further explained  that a  vote can  be challenged                                                               
through  the recount  process, or  even the  observation process,                                                               
because  during  the  division's  process  of  reviewing  ballots                                                               
candidates can have a person there  to observe.  In the event the                                                               
validity of  the count of  a ballot, or  even the rejection  of a                                                               
ballot,  was   challenged,  the  division  would   look  at  that                                                               
challenge and go back to the law, she said.                                                                                     
                                                                                                                                
3:19:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  commented that  during the  last election                                                               
he personally went to his  local Division of Elections to observe                                                               
the count in his  own race, and he was told  he could not observe                                                               
because  the  local  office needed  permission  from  the  higher                                                               
office, and the higher office  hadn't provided that permission so                                                               
he  did  not have  that  opportunity.    He asked  whether  those                                                               
policies had changed since the last election.                                                                                   
                                                                                                                                
MS.  THOMPSON  related   that  she  was  unaware   of  the  exact                                                               
circumstances and was unable to address his question.                                                                           
                                                                                                                                
3:20:16 PM                                                                                                                    
                                                                                                                                
CHAIR   CLAMAN  described   the  idea   of  cancelling   a  voter                                                               
registration in  another state as  akin to cancelling  a driver's                                                               
license from another  state.  He related that a  good part of the                                                               
bill is that when registering  in Alaska, the person un-registers                                                               
in  another  state because  the  average  public person  probably                                                               
doesn't even know where to write  to un-register.  The states are                                                               
communicating with each  other and it makes sense to  check a box                                                               
and unregister  in another jurisdiction.   To the extent  that is                                                               
lacking in the bill he encouraged a provision in that regard.                                                                   
                                                                                                                                
CHAIR  CLAMAN referred  to the  effort to  call all  early voting                                                               
ballots  "early voting"  ballots,  and that  a questioned  ballot                                                               
puts the ballot  on hold in order to verify  the information.  He                                                               
opined  that trying  to define  all  the early  and absentee  and                                                               
other ballots as  just early ballot is good.   Although, he said,                                                               
in  looking through  the bill  "you didn't  do it  very well"  as                                                               
there  should  be  a definition  explaining  that  "early  ballot                                                               
includes absentee  and all the  others, and then call  them early                                                               
ballots  throughout"  because even  though  the  goal is  to  say                                                               
"early and absentee," the bill  has people showing up on election                                                               
day  and receiving  an absentee  ballot.   He  surmised that  the                                                               
people  should either  receive the  actual ballot  because it  is                                                               
election  day,  or receive  a  questioned  ballot, and  then  any                                                               
ballot  prior to  election day  is called  an early  ballot.   He                                                               
commented that  he applauds the  idea of simplifying the  name so                                                               
people are not so confused,  but it appears many absentee ballots                                                               
are  still referenced  in  the bill  and it  would  be useful  to                                                               
clean-up that language.                                                                                                         
                                                                                                                                
[HB 1 was held over.]                                                                                                           
                                                                                                                                
3:25:10 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
Judiciary Standing Committee meeting was adjourned at 3:25 p.m.                                                                 

Document Name Date/Time Subjects
HB200 Draft Proposed ver U 4.10.17.pdf HJUD 4/14/2017 1:00:00 PM
HB 200
HB200 Sponsor Statement 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Explanation of Changes ver U 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Sectional Analysis ver U 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Bill Highlights 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 ver O 4.10.17.PDF HJUD 4/14/2017 1:00:00 PM
HB 200
HB200 Supporting Document-Washington Supreme Court Ruling 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Supporting Documents-Top 2 Primary FAQs for Candidates - Elections & Voting - WA Secretary of State 4.10.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Additional Document-Top Two Primaries Nationally 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Supporting Document-Letters 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Additional Document-Legal Opinion 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Additional Document-Leg Research Report Voter Turnout 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Supporting Document-Additional Letters of Support 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Opposing Document-Letters of Opposition 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB200 Fiscal Note OOG-DOE 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 200
HB208 ver A 4.10.17.PDF HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Sponsor Statement 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Sectional Analysis ver A 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 PowerPoint Sectional 4.10.17.pptx HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Supporting Document-Decanting Matrix 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Supporting Document-Decanting Rankings 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Supporting Document-Trust Estate Glossary 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Supporting Document-Letter Peak Trust Company 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Supporting Document-Letter Manley & Brautigam 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Supporting Document-Letter ABA 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Supporting Document-Letter Northern Law Group 4.10.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB208 Fiscal Note LAW-CIV 4.7.17.pdf HJUD 4/10/2017 1:00:00 PM
HJUD 4/12/2017 1:00:00 PM
HJUD 4/14/2017 1:00:00 PM
HB 208
HB001 ver U 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Sponsor Statement 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Memo of Changes 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-PEW Report 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-Voting Information and Statistics 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-Letters of Support 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-Letter Alaska Community Action on Toxics 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Fiscal Note OOG-DOE 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HB 1
HB013 ver O 4.14.17.PDF HJUD 4/14/2017 1:00:00 PM
HB 13
HB013 Sponsor Statement 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Explanation of Changes 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Supporting Document-Timeline for Korematsu's Resolution 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HB 13
HB013 Supporting Document-Korematsu v US 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Supporting Document-Research Document 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 HJUD PowerPoint Presentation 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 HJUD PowerPoint Presentation 4.14.17.pptx HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13
HB013 Fiscal Note OOG-OMB 4.14.17.PDF HJUD 4/14/2017 1:00:00 PM
HJUD 4/15/2017 10:00:00 AM
HB 13