Legislature(2019 - 2020)GRUENBERG 120
05/01/2019 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB115 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HJR 18 | TELECONFERENCED | |
| + | HB 115 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 1, 2019
1:22 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Gabrielle LeDoux, Vice Chair
Representative Chuck Kopp
Representative Louise Stutes
Representative Adam Wool
Representative Laddie Shaw
Representative David Eastman
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 115
"An Act relating to absentee voting; and providing for an
effective date."
- HEARD & HELD
HOUSE JOINT RESOLUTION NO. 18
Proposing amendments to the Constitution of the State of Alaska
relating to the Alaska permanent fund and to appropriations from
the Alaska permanent fund.
- HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HB 115
SHORT TITLE: ABSENTEE VOTING
SPONSOR(s): REPRESENTATIVE(s) TUCK
03/27/19 (H) READ THE FIRST TIME - REFERRALS
03/27/19 (H) STA, JUD
04/02/19 (H) STA AT 4:00 PM GRUENBERG 120
04/02/19 (H) Scheduled but Not Heard
04/04/19 (H) STA AT 3:00 PM GRUENBERG 120
04/04/19 (H) Heard & Held
04/04/19 (H) MINUTE(STA)
04/09/19 (H) STA AT 3:00 PM GRUENBERG 120
04/09/19 (H) -- MEETING CANCELED --
04/18/19 (H) STA AT 3:00 PM GRUENBERG 120
04/18/19 (H) Moved HB 115 Out of Committee
04/18/19 (H) MINUTE(STA)
04/22/19 (H) STA RPT 3DP 1NR
04/22/19 (H) DP: STORY, FIELDS, KREISS-TOMKINS
04/22/19 (H) NR: WOOL
05/01/19 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
MIKE MASON, Staff
Representative Chris Tuck
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Introduced HB 115 on behalf of
Representative Tuck, the prime sponsor.
KENDRA KLOSTER, Executive Director
Native Peoples Action
Juneau, Alaska
POSITION STATEMENT: Testified in support of HB 115.
ALEX KOPLIN
Kenai Peninsula Votes
Homer, Alaska
POSITION STATEMENT: Testified in support of HB 115.
ACTION NARRATIVE
1:22:34 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:22 p.m. Representative Stutes, Wool,
LeDoux, and Claman were present at the call to order.
Representatives Kopp, Shaw, and Eastman arrived as the meeting
was in progress.
HB 115-ABSENTEE VOTING
1:23:11 PM
CHAIR CLAMAN announced that the first and only order of business
would be HOUSE BILL NO. 115, "An Act relating to absentee
voting; and providing for an effective date."
1:23:49 PM
MIKE MASON, Staff, Representative Chris Tuck, Alaska State
Legislature, introduced HB 115 on behalf of Representative Tuck,
the prime sponsor. Mr. Mason said HB 115 would give all
Alaskans the option to receive an absentee ballot by mail for
all future state elections. He noted that voters must currently
submit a formal application each year they want to vote
absentee. He said the Division of Elections (DOE) could modify
the existing absentee ballot application with the new option
proposed in HB 115. He drew attention to an example of a
permanent absentee ballot application from the State of Hawaii,
which he explained recently enacted similar legislation. He
said there are 10 states plus the District of Columbia that
allow some form of permanent absentee voting, though he noted
that the privilege is often limited to the disabled and/or
elderly. He argued that HB 115 would make casting a ballot more
convenient for Alaskans who prefer the ease of voting by mail.
He said he believes HB 115 would strengthen Alaska's
representative democracy because it would make it easier for
Alaskans to cast a vote.
1:25:12 PM
MR. MASON said the state of Alaska (SOA) currently has a
permanent absentee voter list. He said the list is authorized
by regulation and not by statute. He clarified that, under 6
AAC 25.650, the election supervisor may designate a person as a
permanent absentee voter if the person is a qualified voter and
the election supervisor determines that the voter resides in a
remote area in Alaska where distance, terrain, or other natural
conditions deny the voter reasonable access to a polling place.
He said a person can also be added to the permanent absentee
voter list if he/she is identified as a permanent resident of an
institution that serves the aged or persons with disabilities,
or if the person is a disabled voter and has requested to be
designated as a permanent absentee voter. He summarized that a
permanent absentee voter list already exists, is regulated, and
is reserved for people who live in remote areas, people who live
in places like senior homes, and/or people who are disabled. He
noted that people on the list do not automatically receive an
absentee ballot, rather they automatically receive the absentee
ballot application. HB 115, he said, would allow Alaskans the
option to receive the absentee ballot without the hassle of
filling out the application every year.
1:27:02 PM
MR. MASON described the "use it or lose it" model proposed in HB
115. He explained that the bill would require DOE to continue
to send a person an absentee ballot unless the person has not
voted an absentee ballot for a period of four years. He said
this would allow an absentee voter to miss one general election
without being removed from the list. He noted that someone who
has been removed from the list could apply to be reinstated. He
said a ballot that is returned as undeliverable would also spur
the removal of a person from the list. He explained that this
would account for situations in which a voter moves without
notifying DOE.
MR. MASON summarized that HB 115 would give voters the option to
always receive an absentee ballot without having to fill out an
application. He added that HB 115 would allow Alaskans to vote
without the Election Day hassles experienced by many.
MR. MASON stated that the Director of DOE was unable to be
present but can answer questions later. He noted that SB 105 is
the companion bill to HB 115. He added that the provisions
contained within HB 115 were part of a larger comprehensive bill
that passed the House of Representatives during the previous
session but did not pass the Senate.
1:28:59 PM
REPRESENTATIVE EASTMAN established a scenario in which a person
submits his absentee ballot at the polling place. He asked if
that would be categorized as having voted absentee for the
purposes of HB 115.
MR. MASON said he does not believe a person can vote the
absentee ballot at the polling place, rather the person can fill
out a "question ballot." He explained the process by which it
is ensured that a person who has already voted absentee and then
votes in person is not counted twice.
REPRESENTATIVE EASTMAN posited that the person in the scenario
would not be given credit for the purposes of remaining on the
list.
MR. MASON said that is a good question and that he had not
considered that scenario. He said he would inquire with DOE to
see how it would treat that situation. He said he thinks the
person would remain on the list as he would be casting a ballot.
CHAIR CLAMAN noted that the bill language states that a person
would be removed from the permanent absentee voter list after
four years of not voting in any election.
MR. MASON said, "I believe you are correct.
1:30:44 PM
REPRESENTATIVE WOOL asked why a person who fills out his/her
absentee ballot would not just drop it in the mailbox rather
than take it to the polling place. He also asked whether the
absentee ballot envelope comes pre-stamped or if the voter must
apply his/her own stamp.
MR. MASON said he does not believe the voter needs to apply
postage.
REPRESENTATIVE WOOL said that is even more reason to simply drop
the ballot in a mailbox.
MR. MASON said that is the way it would most commonly work.
1:31:15 PM
REPRESENTATIVE EASTMAN asked how Mr. Mason expects HB 115 to
impact the number of people who apply for an absentee ballot.
He asked if there are any expected costs or savings to SOA.
MR. MASON said it is unclear how many people would take
advantage of a permanent absentee voting system. He said the
only comparable example in Alaska is the Municipality of
Anchorage, where election costs doubled because vote by mail
became the only option. He said the fiscal note reflects an
anticipation that the implementation of HB 115 would not make a
significant fiscal impact. He said he does not anticipate that
everyone will sign up for a permanent absentee ballot.
REPRESENTATIVE EASTMAN asked about the intent of HB 115
regarding individuals who vote absentee in local elections.
MR. MASON noted that many local elections are separate from
state elections. He said HB 115 would only apply to state
elections. He said he assumes SOA and the municipalities
coordinate to some degree but restated that HB 115 would be
limited to state elections.
1:33:10 PM
REPRESENTATIVE EASTMAN asked about costs related to a person
being on the permanent absentee ballot list but never voting
absentee.
MR. MASON said he does not have that information. He noted that
it could be challenging to acquire it from DOE but said he would
try.
1:33:52 PM
CHAIR CLAMAN opened public testimony on HB 115.
1:34:08 PM
KENDRA KLOSTER, Executive Director, Native Peoples Action,
testified in support of HB 115. She said her organization is
passionate about the issue of voting and works with DOE to
ensure people have greater access. She said she previously
supported House Bill 1 [introduced in the Thirtieth Alaska State
Legislature]. She called HB 115 a good step forward. She noted
that she has always found it odd that people must reapply for
absentee ballots. She said she thinks HB 115 would help get
more people involved, and that her organization would like to
see other legislation brought forward that would improve voter
access across Alaska.
1:35:39 PM
ALEX KOPLIN, Kenai Peninsula Votes, lauded Representative Tuck
for attempting to make voting easier. He noted that absentee
voters do have to pay for a stamp. He said HB 115 would make it
easier for people to vote. He remarked that it would save time
and energy for many voters, including people in college and
people in the military. He said it would not cost too much and
there would likely be problems but said they should be easy to
fix. He said HB 115 is a marvelous idea.
1:37:13 PM
CHAIR CLAMAN, after ascertaining that no one else wished to
testify, closed public testimony on HB 115.
1:37:47 PM
CHAIR CLAMAN asked if any committee members would like to offer
amendments to the bill.
REPRESENTATIVE KOPP said he would like to hear from DOE before
moving the bill.
MR. MASON restated that the Director of DOE is currently on an
airplane and is therefore unavailable to take questions today.
CHAIR CLAMAN said the committee would not move the bill today.
He set a deadline for amendments.
1:38:53 PM
REPRESENTATIVE EASTMAN said other states offer absentee voters
the ability to choose the elections primaries, generals,
and/or specials - for which they receive absentee voters. He
suggested adding that provision to HB 115.
CHAIR CLAMAN suggested he offer that in an amendment.
MR. MASON said Representative Eastman makes a good point but
noted that, theoretically, a voter could use the absentee ballot
system as it currently exists and only submit applications for
the desired elections. He said he would inquire about that with
DOE.
1:39:59 PM
CHAIR CLAMAN asked Mr. Mason to coordinate with the Director of
DOE so that she can be available for questions on Friday, May 3.
[HB 115 was held over.]
1:40:40 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:41 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB115 ver A 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM HJUD 5/10/2019 1:00:00 PM HJUD 5/11/2019 9:30:00 AM |
HB 115 |
| HB115 Sponsor Statement 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Supporting Document-Alaska Absentee Ballot Application 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Supporting Document-Hawaii Permanent Absentee Application 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Supporting Document-Vote at Home Letter 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Additional Document-Alaska Permanent Absentee Voter Regulation 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Additional Document-Alaska Sample By-Mail Return Ballot Envelope 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Additional Document-Municipality of Anchorage Response to Security Questions 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Additional Document-Municipality of Anchorage Sample Ballot 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Additional Document-NCSL Absentee and Early Voting 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Supporting Document-Alaska Commission on Aging Letter 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |
| HB115 Fiscal Note OOG-DOE 5.1.19.pdf |
HJUD 5/1/2019 1:00:00 PM HJUD 5/3/2019 1:00:00 PM HJUD 5/6/2019 1:00:00 PM |
HB 115 |