03/14/2013 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB37 | |
| HB3 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 3 | TELECONFERENCED | |
| + | SB 37 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
March 14, 2013
8:11 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Lynn Gattis
Representative Shelley Hughes
Representative Doug Isaacson
Representative Jonathan Kreiss-Tomkins
MEMBERS ABSENT
Representative Charisse Millett
COMMITTEE CALENDAR
SENATE BILL NO. 37
"An Act extending the termination date of the Statewide Suicide
Prevention Council; and providing for an effective date."
- MOVED SB 37 OUT OF COMMITTEE
HOUSE BILL NO. 3
"An Act relating to voter identification at the polls; and
relating to the counting of absentee and questioned ballots."
- MOVED HB 3 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 37
SHORT TITLE: EXTEND SUICIDE PREVENTION COUNCIL
SPONSOR(s): SENATOR(s) FAIRCLOUGH
01/25/13 (S) READ THE FIRST TIME - REFERRALS
01/25/13 (S) L&C, FIN
02/05/13 (S) L&C AT 1:30 PM BELTZ 105 (TSBldg)
02/05/13 (S) Moved SB 37 Out of Committee
02/05/13 (S) MINUTE(L&C)
02/06/13 (S) L&C RPT 3DP 2NR
02/06/13 (S) DP: MICCICHE, STEDMAN, ELLIS
02/06/13 (S) NR: DUNLEAVY, OLSON
02/22/13 (S) FIN RPT 7DP
02/22/13 (S) DP: MEYER, KELLY, HOFFMAN, FAIRCLOUGH,
BISHOP, DUNLEAVY, OLSON
02/22/13 (S) FIN AT 9:00 AM SENATE FINANCE 532
02/22/13 (S) Moved SB 37 Out of Committee
02/22/13 (S) MINUTE(FIN)
02/25/13 (S) TRANSMITTED TO (H)
02/25/13 (S) VERSION: SB 37
02/27/13 (H) READ THE FIRST TIME - REFERRALS
02/27/13 (H) STA, FIN
03/14/13 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 3
SHORT TITLE: PHOTO IDENTIFICATION VOTING REQUIREMENT
SPONSOR(s): REPRESENTATIVE(s) LYNN, KELLER
01/16/13 (H) PREFILE RELEASED 1/7/13
01/16/13 (H) READ THE FIRST TIME - REFERRALS
01/16/13 (H) STA, JUD
02/21/13 (H) STA AT 8:00 AM CAPITOL 106
02/21/13 (H) Heard & Held
02/21/13 (H) MINUTE(STA)
03/14/13 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
SENATOR ANNA FAIRCLOUGH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As sponsor, presented SB 37.
KATE BURKHART, Executive Director
Statewide Suicide Prevention Council
Division of Behavioral Health (DBH)
Department of Health and Social Services (DHSS)
Juneau, Alaska
POSITION STATEMENT: Provided information regarding the
Statewide Suicide Prevention Council during the hearing on SB
37.
FORREST WOOLFE, Staff
Representative Bob Lynn
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented HB 3 on behalf of Representative
Lynn, joint prime sponsor.
JULIET HILDRETH
Anchorage, Alaska
POSITION STATEMENT: Testified during the hearing on HB 3.
JEFFREY MITTMAN, Executive Director
American Civil Liberties Union of Alaska (ACLU of Alaska)
Anchorage, Alaska
POSITION STATEMENT: Testified that, as a drafted, HB 3 would
not protect voting rights.
TRAVIS WILLIS, Vice President
Alaskans for Alaska
POSITION STATEMENT: Testified in support of HB 3.
JOY HUNTINGTON
Tanana Chiefs Conference (TCC)
Fairbanks, Alaska
POSITION STATEMENT: Testified in opposition to HB 3.
GAIL FENUMIAI, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Reviewed the division's poll worker system
and answered questions during the hearing on HB 3.
KEN HELANDER, Director of Advocacy
AARP
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 3.
ACTION NARRATIVE
8:11:11 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:11 a.m. Representatives Gattis, Hughes,
Isaacson, Keller, Kreiss-Tomkins, and Lynn were present at the
call to order.
SB 37-EXTEND SUICIDE PREVENTION COUNCIL
8:11:14 AM
CHAIR LYNN announced that the first order of business was SENATE
BILL NO. 37, "An Act extending the termination date of the
Statewide Suicide Prevention Council; and providing for an
effective date."
8:11:39 AM
SENATOR ANNA FAIRCLOUGH, Alaska State Legislature, as sponsor,
presented SB 37. She stated that SB 37 would extend the Alaska
Suicide Prevention Council (ASPC) from 2013 to 2019. She
relayed that in 2001, the Alaska State Legislature created the
ASPC, which is made up of 17 members: 2 members appointed by
the Senate President, 2 members appointed by the Speaker of the
House, and 13 members appointed by the governor. She said the
duties of the council are outlined in AS 44.29.350, which read
as follows:
Sec. 44.29.350. Duties.
The council shall serve in an advisory capacity to the
legislature and the governor with respect to what
actions can and should be taken to
(1) improve health and wellness throughout the
state by reducing suicide and its effect on
individuals, families, and communities;
(2) broaden the public's awareness of suicide and
the risk factors related to suicide;
(3) enhance suicide prevention services and
programs throughout the state;
(4) develop healthy communities through
comprehensive, collaborative, community-based and
faith-based approaches;
(5) develop and implement a statewide suicide
prevention plan;
(6) strengthen existing and build new
partnerships between public and private entities that
will advance suicide prevention efforts in the state.
SENATOR FAIRCLOUGH reminded the committee that Alaska has the
highest rate of suicide in the nation. She said suicide is
preventable, and the state can do something about [those
statistics]. She said she is honored to have served for over
three years as a member of the House of Representatives on the
council, and she currently serves on the council as an appointee
from the Senate. She reported that the council has done great
things with the support of the legislature. She indicated that
the council has connections with military personnel, the
spiritual community, schools and youth, and with those who have
been affected by suicide. She asked the committee to support the
proposed extension of the council.
8:14:00 AM
CHAIR LYNN stated his support of the proposed legislation and
thanked the sponsor for bringing it forward. He said one case
of suicide is one case too many.
8:14:10 AM
REPRESENTATIVE HUGHES said a constituent is involved in a
program that goes into schools and offers a dramatization with a
message of hope, and she encouraged Senator Fairclough to
familiarize herself with the program, which is called, "Carry
the Cure."
8:14:56 AM
REPRESENTATIVE ISAACSON talked about another group called, "This
Generation Ministries," which is from North Pole, Alaska. He
asked how actively the council pursues connections to the
various groups working on suicide prevention throughout the
state.
SENATOR FAIRCLOUGH answered that there is a web site, which
connects all the resources throughout the state. She deferred
to the executive director of the council for further details.
8:15:51 AM
KATE BURKHART, Executive Director, Statewide Suicide Prevention
Council, Division of Behavioral Health (DBH), Department of
Health & Social Services (DHSS), told Representative Isaacson
that one of the council's major roles is to "act as a clearing
house to connect community-driven suicide prevention and
partners." She said the council has allotted funds from its
limited travel budget to conduct outreach trips to three rural
areas of the state: two members went to Nenana two weeks ago, a
trip to Bethel and a small village outside of the Bethel hub has
just been planned, and the council will coordinate rural
outreach in Kivalina with one of its members there, pastor
Lowell Sage. She said the council has met with members of
[This] Generation Ministries and many other community-driven
suicide prevention efforts in an attempt to connect everyone
together. She relayed that [stopsuicidealaska.org] is the
council's state suicide prevention portal and the primary way
people are connected.
8:17:27 AM
REPRESENTATIVE HUGHES asked what efforts the council makes in
curbing substance abuse, which she said is often linked to
suicide.
MS. BURKHART answered that the council's five-year plan includes
a strategy to ensure Alaskans have access to mental health and
substance abuse treatment services when they ask for it. She
said substance abuse prevention and suicide prevention
coalitions in communities are often separate, and the council
encourages them to come together as a wellness coalition or at
least to become partners.
8:18:04 AM
REPRESENTATIVE HUGHES talked about the alarming rate of suicides
by soldiers returning from war. She asked if that statistic has
increased in Alaska and if the council is doing anything about
the issue.
MS. BURKHART returned to the issue of substance abuse to say
that two years ago, the Department of Health & Social Services
"co-located" the ASPC with the Advisory Board on Alcoholism &
Drug Abuse and the Alaska Mental Health Board; therefore, the
council has coordinated its efforts around behavioral health and
suicide prevention to create "one big movement forward."
Returning to Representative Hughes' question regarding soldiers,
Ms. Burkhart said she cannot speak to what the Veterans
Administration is doing to address suicide prevention, other
than what is reported to her from its representative. She said
the Veterans Administration has developed services and supports
for returning veterans who choose to engage in those services.
She said the State of Alaska has prioritized resiliency and
protective factors as part of the foundation for all of its
prevention efforts. She stated that for more than a decade, the
council has been involved with the Alaska Initiative for
Community Engagement, as well as efforts to address adverse
childhood experiences and to equip children to grow up as
healthy adults and avoid addiction and serious mental illness.
8:20:38 AM
REPRESENTATIVE KELLER asked what resources the council desires
and which are the areas it sees as in need of improvement.
MS. BURKHART referred to six goals of the state plan, most of
which can be categorized as things that can be done by Alaskans,
by communities, or by the state. For example, she said
communities have taken a huge role with or without grant
support. She encouraged Representative Keller to read the
report just published by the council, which highlights many of
those community efforts. She said last year the state
appropriated $450,000, which has already been implemented in its
alternative schools and will be "a competitive process for other
school districts." Ms. Burkhart relayed that 1,800 people were
trained last year and the state has appropriated funding for
additional programs that are being initiated; however, she said
there has not been a lot of research growth. She said there is
a lot of interest in adverse childhood experiences, including
how they affect Alaskans and how they can be prevented. She
indicated that other areas of research are not exciting to
others but are in need of resources.
MS. BURKHART, in response to Representative Keller, said she has
not approached the Institute of Social & Economic Research
(ISER). She said the organization with whom the council most
closely coordinates is the Center for Alaska Native Health
Research (CANHR), at the University of Alaska Fairbanks. She
spoke highly of the organization and said the council has
connected CANHR with other community partners that want to move
forward in a participatory research model. She said there is
also conversation about "renewing the addiction studies chair"
at [the Institute for Circumpolar Health Studies] at the
University of Alaska Anchorage, which is under the guidance of
David L. Driscoll, PhD, who is interested in research related to
adverse childhood experience.
8:24:12 AM
MS. BURKHART, in response to Representative Keller, stated that
for each strategy in the state plan, there is a specific
population measure. She said the first implementation report
from the state plan shows that the rate of suicide in 2011
dropped by 23. She said that cannot yet be called a trend, and
she noted that data is still being gathered to determine how
many suicides occurred in that year by Alaskans living outside
the state. She related that the council has seen a large
increase in the number of Alaskans who have been trained in an
"evidence-based suicide prevention model," such as the applied
suicide intervention skills training and mental health first
aid, and she reiterated that there has been an increase in
community coalitions involved in suicide prevention.
8:25:48 AM
REPRESENTATIVE HUGHES asked how Alaska compares to other states.
MS. BURKHART answered that the national suicide average is 11-12
per 100,000 people; Alaska's average is 19.5. She said there
are other Western states whose numbers are also high, but Alaska
has been twice the national average for decades.
8:26:46 AM
MS. BURKHART offered an update on how the council responded to a
legislative audit. The first recommendation made in the audit
was that the council should evaluate its executive director and
memorialize the way it does business with its partner boards.
She noted that because of the council's limited means, there is
a lot of support and sharing from the Mental Health Board and
the Advisory Board on Alcoholism and Drug Abuse. She reported
that the council completed the evaluation in December. She
explained that the council has a process for doing [an
evaluation] annually in partnership with executive committees of
the other two boards. She said the council has memorialized the
way it does business so that its operation will not be affected
by any changes in leadership. Ms. Burkhart said the second
recommendation from the audit was for the council to monitor
attendance and report it to the governor. She said the council
has instituted an attendance law the beginning of the present
fiscal year and will communicate that information to the Office
of the Governor, the Senate President, and the Speaker of the
House at the end of each fiscal year. She said the third
recommendation from the audit had to do with developing and
monitoring performance measures in conjunction with the Office
of Management & Budget. She said the council has had
performance measures in place for many years, related to
individual council members and the performance of suicide
performance measures; however, it has not coordinated that with
the Office of Management & Budget in the past. She said the
council is working with the Department of Health & Social
Services to match languages, because "they are not written in
the same terms of art," and it anticipates having that done by
the end of the fiscal year.
8:28:32 AM
CHAIR LYNN closed public testimony.
8:28:40 AM
REPRESENTATIVE KELLER opined that one of the greatest features
of the council is that it has the opportunity to engage services
from private organizations that exist across the state. He
remarked that sometimes the legislature cannot direct its funds
that well.
8:29:12 AM
REPRESENTATIVE KELLER moved to report SB 37 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, SB 37 was reported out of the
House State Affairs Standing Committee.
8:29:25 AM
The committee took an at-ease from 8:29 a.m. to 8:32 a.m.
8:32:12 AM
HB 3-PHOTO IDENTIFICATION VOTING REQUIREMENT
8:32:14 AM
CHAIR LYNN announced that the final order of business was HOUSE
BILL NO. 3, "An Act relating to voter identification at the
polls; and relating to the counting of absentee and questioned
ballots."
CHAIR LYNN, as joint prime sponsor, noted that this was the
committee's second hearing on HB 3. He described HB 3 as a
proactive bill, and expressed his hope that it would be moved
out of committee to be heard next by the House Judiciary
Standing Committee, which would focus on any legal issues. He
stated that the only purpose of the proposed legislation is to
ensure that a person who shows up at a polling place to vote is
who he/she claims to be. He emphasized that the proposed
legislation would not prevent any qualified voter with a desire
to vote from doing so. [Under HB 3], any registered voter would
be allowed to vote by showing two forms of non-photo
identification (ID) or being identified by two official election
workers or presenting one form of photo ID. If the voter cannot
meet any of those criteria, he/she can cast a provisional or
questioned ballot. He said any voter who has ever qualified for
the Alaska permanent fund dividend (PFD) should have the
documents required to vote [under HB 3], including a birth
certificate. He opined that "these common-sense provisions
should remove any reasonable and logical objection to HB 3." He
indicated that Native voters would be just as able to vote under
HB 3 as any other qualified voter.
8:34:59 AM
FORREST WOOLFE, Staff, Representative Bob Lynn, Alaska State
Legislature, presented HB 3 on behalf of Representative Lynn,
joint prime sponsor. He stated that HB 3 is a proactive measure
that seeks to further secure Alaska's elections, while
respecting the state's "unique voting population." He stated
that while voting fraud may not be rampant in Alaska, many of
Alaska's elections are decide by only a handful of votes or even
a coin toss, which makes every vote count and even one case of
voter fraud one too many.
MR. WOOLFE said under HB 3, the simplest way to vote is to
provide photo ID at the polls; however, the proposed legislation
acknowledges that obtaining a photo ID may be difficult for some
Alaskans and would allow two forms of non-photo ID, such as a
birth certificate, social security card, hunting and fishing
license, voter ID card, or tribal ID. He reiterated Chair
Lynn's remark that those registered to receive the PFD had to
submit an original or certified copy of a birth certificate to
the Permanent Fund Division; therefore, the assumption is that a
person who receives a PFD has a birth certificate. Mr. Woolfe
said in order to receive food stamps from the state, a person
must show the Division of Public Assistance his/her photo ID,
social security car, and birth certificate. He said it would
appear that a voter receiving some form of public assistance
would have access to some of the documents accepted [under HB
3].
MR. WOOLFE stated that in order to receive services from the
[U.S. Department of Health and Human Services'] Indian Health
Service (IHS) agency, a person must present his/her tribal ID,
which is another accepted document under HB 3. He added to
Chair Lynn's opening remarks that the option to be identified by
two election officials would mean that both elections officials
would have to be willing to sign their names next to the voter's
name in the register. He said currently many voters in the
Yukon/Kuskokwim Delta are using recognition of an election
official as a form of identification, and the proposed
legislation would increase the requirement of that form of
identification from one election official to two. He echoed
Chair Lynn's statement that a final option for someone voting
without any form of ID and not recognized by two officials would
be, under HB 3, to cast a questioned ballot. He noted that the
committee packet includes a sample of a questioned ballot, which
he said illustrates how easy it is to fill out. He reinforced
Chair Lynn's statement that the proposed legislation would make
elections more secure, without disenfranchising voters. He
requested the committee's support of HB 3.
8:38:03 AM
CHAIR LYNN reopened public testimony [which was closed at the
last hearing on 2/21/13].
8:38:14 AM
JULIET HILDRETH stated that as an Alaska Native, she is
disturbed by remarks that Alaska Natives lack the sophistication
and education to obtain a ballot and provide ID. She offered
her understanding that "most people from the Democratic Party
seem to promote that." She said she has two forms of ID: a
tribal certificate and a U.S. Department of the Interior, Bureau
of Indian Affairs (BIA), certificate of Indian blood (CIB), the
latter of which includes her maiden name, her birth name, her
social security number, and her regional and tribal affiliation.
She said she must present that ID, along with photo ID, in order
to receive any Indian health service. Ms. Hildreth related that
both her uncle and grandfather served in the legislature. She
said she is saddened that Alaska's "junior senator and Ms.
Brown" continue to "perpetuate a non-problem." She emphasized
the importance of preventing voter fraud. She stated, "This is
the part of the bigotry that keeps going on in the news and in
politics." She added, "This is much ado about nothing." Ms.
Hildreth stated that under the Ulmer administration, there were
people in the cancer wing of Providence Hospital who were
promised ballots that were never delivered. She related an
experience when she showed up to vote at 7:30 a.m. and found the
doors locked, and she said the candidate who lost that election
by a few votes was not happy. She commended Lieutenant Governor
Mead Treadwell for having made it so much easier for people to
obtain ballots.
8:42:02 AM
JEFFREY MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), emphasized that the ACLU of
Alaska is a nonpartisan organization, whose sole responsibility
is to defend the legal and constitutional rights of all
Alaskans; the organization reviews all bills as they relate to
fundamental rights. He stated that HB 3 would impinge on
fundamental rights, because it would set up differing systems
for individuals who live in different parts of Alaska. He gave
the example that the State of Alaska provides differing services
from the DMV depending on what part of the state a person
resides. On that basis, he said, the scheme of the proposed
legislation, as currently drafted, would discriminate against
those who live in certain parts of the state.
8:44:26 AM
MR. MITTMAN said the question is how the courts will look at the
proposed legislation. He said those who live in rural parts of
Alaska are disproportionately Alaska Native, and in the United
States there has been a history of discrimination against those
in minority groups, including Native Alaskans. Based on that
history, he said, the courts will look at HB 3 and see
differential impact - that somebody who lives in Anchorage and
can easily provide a photo ID can vote with no problems, whereas
an individual who lives in a rural part of Alaska cannot do that
- and determine that this is discriminatory. He said the courts
also will look at the necessity of providing such a bill. The
courts will ask whether there is an action the state needs to
take that meets an addressed need. He said, "In fact, we know
there is none." He said the history of voter fraud in Alaska is
minimal if nonexistent. He said ACLU of Alaska is trying to
advise the legislature that it is likely the courts would strike
down HB 3 on the basis that there is no addressed need and there
would be a discriminatory impact on those who live in rural
areas.
8:46:21 AM
MR. MITTMAN said other states that have "looked at these sorts
of bills" have specific provisions that allow individuals to
obtain certain alternative IDs at no cost; however, HB 3, as
currently drafted, includes no such provision. To obtain the
alternate ID required under HB 3, such as obtaining a copy of a
marriage license or a birth certificate, involves a cost. He
stated, "To impose on a voter any sort of requirement to pay a
fee so that he or she can vote is absolutely forbidden under the
U.S. Constitution; this is called a poll tax." He said the ACLU
of Alaska is not saying that there was an intention to exclude
anyone when drafting the proposed legislation; however, the
courts will consider the effect of the bill as drafted, and if
that effect is to require an individual to pay a fee in order to
be able to vote, then "that is unacceptable." Mr. Mittman said
he thinks "we" can all agree that voting is fundamental to
democracy, and he said he accepts the statement of the sponsor
that that is the intent of HB 3. He concluded, "We look forward
to working with the sponsor to craft a bill that makes voting
better for all Alaskans. Unfortunately, as drafted, this bill
does not do that." He offered to answer questions.
8:47:48 AM
REPRESENTATIVE KELLER noted that the House Judiciary Standing
Committee will be able to work on any legal issues related to
the proposed legislation. He said he respectfully disagrees
with some of the fundamental issues stated by Mr. Mittman.
First, he said Mr. Mittman's statement that the courts will look
at the history of fraud in Alaska is a prediction he said he
thinks is "a leap." Regarding Mr. Mittman's mention of the
compelling interest of providing free and fair elections,
proposed that the real issue is not whether fraud exists but
whether or not people perceive the voting system as trustworthy.
He said he has met people during campaigning who say they don't
bother to vote because "nobody seems to care."
REPRESENTATIVE KELLER said the constitution talks about doing
things for the maximum benefit of Alaskans, which does not mean
just anyone who happens to be in the state; therefore, he said
"we" have a responsibility to "identify the legitimate borders
of the state of Alaska." Regarding the issue of making people
pay to vote, he suggested that perhaps a provision could be
added to HB 3 that would allow a free photo ID to "anybody who
asked for it." He opined that the way to frame the argument is
not to say that "this is worthless because there is no fraud,"
but rather that "we have a real strong responsibility to provide
a free and a fair election system in one that is shown to be
there."
8:50:42 AM
MR. MITTMAN clarified that when there is evidence of disparate
impact on a racial group, at that point the courts look at
various factors to determine whether a bill is constitutional,
one of which is whether the actions are narrowly tailored to a
need. He said in this case the courts would look at the extent
of the fraud to determine how the need is being met. If there
were significant examples of fraud, the courts would give more
leeway for greater need. Where there is no or little evidence
of fraud, the courts would determine there is "less room to
maneuver." He stated, "So, I absolutely agree with the
assertion of the vice chair that the responsibility of the state
to protect against fraud is important. What the courts will
look at is the tailoring and how close the fit is."
8:51:57 AM
REPRESENTATIVE KELLER asked Mr. Mittman if he is saying that
[the courts] would not look at "the need that we have to have a
pure, believable voter system" or that he believes "they would
do that less than the need that would be presented if there were
fraud."
MR. MITTMAN clarified that the courts will accept the state's
assertion that it has the responsibility to prevent against
fraud, but will want to see evidence that the method selected is
appropriately tailored to the evidence of fraud submitted. He
said ACLU of Alaska believes that in the absence of that
evidence, the courts will find that the details of HB 3 are too
broad, with too wide of an impact, and do not appropriately fit
"to the unique circumstances of the state of Alaska."
REPRESENTATIVE KELLER posited that the issue is not so much
about constitutionality as it is about the comparison of the
need if there is fraud to the need to protect Alaska's system by
having an identifiable group of voters. He said he is not
convinced as to what the courts will do.
MR. MITTMAN said the ACLU of Alaska tries to review various
cases across the country. He concurred with Representative
Keller that it is not possible to predict the court's decision
with certainty; however, he said the courts have historically
looked at cases in which there is an impact on a racial minority
with a greater degree of scrutiny. Mr. Mittman clarified he is
not saying it is not important to protect against fraud, but
said absent existing fraud, there will be less willingness [by
the courts] to accept a broad limitation where there is a
different responsibility on urban voters versus rural voters.
8:56:04 AM
CHAIR LYNN noted that there are two attorneys, representing two
political parties, sitting on the House Judiciary Standing
Committee, and he suggested that committee would be a good place
to address some of the interesting issues raised by Mr. Mittman.
8:56:23 AM
REPRESENTATIVE HUGHES asked Mr. Mittman for his suggestions
regarding how to improve upon the proposed legislation.
8:56:57 AM
MR. MITTMAN answered that the first issue would be to ensure
equal opportunity to vote no matter where a voter lives in the
state. The second issue would be to ensure there is no cost to
the voter. The third issue would be to determine whether it is
reasonable to require two pole workers in all polling places in
Alaska in order to positively identify those voting without
photo IDs. Finally, he reiterated the importance of identifying
evidence of "the existing ills that are being guarded against."
8:59:31 AM
REPRESENTATIVE HUGHES stated her understanding that anyone who
is currently qualified to vote would, under HB 3, continue to be
qualified. She indicated the effect of the bill would be to
prevent someone who is not a U.S. citizen from voting in an
election. She asked Mr. Mittman, "Do you agree with the
Division of Elections that anyone that can vote right now,
whether or not they have a photo ID, and any Alaskan that's
turning 18, that does or doesn't have a ... photo ID, would
continue to have their vote counted if this bill were to pass?"
MR. MITTMAN stated that the election in Anchorage, last April,
was chaotic. He observed that Anchorage is not an area where
the city clerk, the Division of Elections, or poll workers are
inexperienced, but elections are challenging. He said in that
election there were many individuals not able to vote, ballots
were lost, and ballots were discovered long after the election
was over. He said the proposed legislation would set up a
scheme of provisional voting and questioned ballots, and he
warned that any differential from the standard voting process
creates possibilities for confusion and for votes not to be
counted, and that has happened in Alaska. He said, "While
technically the rule, as drafted, may say your vote may be
eventually counted if you vote a provisional ballot or a
questioned ballot, if there's review, in point of fact, we know
from historical evidence that those votes are not counted." He
said while somebody may technically be allowed to vote,
differential standards in rural areas versus urban areas will be
of concern to the courts.
9:02:50 AM
REPRESENTATIVE HUGHES opined that it is important for the
committee to consider whether a technical system is in place for
votes to be counted.
9:03:23 AM
CHAIR LYNN said the provision for voting "other than photo ID"
does not apply only to rural Alaska; it applies to every place
in Alaska, including urban areas.
9:03:34 AM
REPRESENTATIVE KELLER asked Mr. Mittman to provide at some time
a specific example of someone whose questioned vote did not get
counted. He observed that in his response to Representative
Hughes, Mr. Mittman had described HB 3 as "intending to prevent
fraud." He reemphasized that the primary intent of the proposed
legislation is to protect the pure identity of the electorate of
the state of Alaska, in a manner that elicits confidence in all
residents.
9:04:38 AM
REPRESENTATIVE HUGHES asked how many questioned ballots end up
being "votes that are truly counted."
CHAIR LYNN said Gail Fenumiai, the director of the Division of
Elections, would answer questions.
9:05:35 AM
TRAVIS WILLIS, Vice President, testified in support of HB 3. He
stated that he grew up in a village and his children are
"native." He said he cannot board Alaska Airlines, ride on a
ferry, rent a room, write a check, or have a bank account, for
example, without an ID card. He said he cannot imagine anyone
in Alaska, in this day and age, who does not have proper ID. He
opined that one of the most sacred rights of American citizens
is their ability to vote. He related that there are people from
other states, with registration cards, voting in his community
of Elfin Cove. He commended [the bill sponsors] for bringing
forth [HB 3].
9:06:58 AM
REPRESENTATIVE ISAACSON asked Mr. Willis if his children must
provide photo ID in order to receive medical service from IHS.
MR. WILLIS answered no, because he said his children have a CIB
card, which he indicated is affiliated with the Southeast Alaska
Regional Health Consortium (SEARHC). He further indicated that
[ID] cards issued by the BIA to members of federally recognized
tribes are good anywhere in the country. In response to a
follow-up question, he confirmed that the BIA ID card is not a
photo ID; however, he reiterated that "anybody over the age of
12 that wants to ride on Alaska Airlines or get on a state ferry
has to have a picture ID card."
9:08:11 AM
JOY HUNTINGTON, Tanana Chiefs Conference (TCC), stated that the
TCC is adamantly opposed to HB 3. Said related that she grew up
in a village and did not get a driver's license until she was 20
- two years after becoming eligible to vote. She said Alaska
Airlines does require photo ID; however, her grandmother flies
only small aircraft carriers, which do not require photo ID.
She said there are elders who are bound to their communities and
maybe fly to Fairbanks for health care, but do not fly Alaska
Airlines.
MS. HUNTINGTON said she would like to know where the [voter]
fraud is occurring. She said she has people she does not know
lining up to vote in her village, and she said many times there
is only one poll worker. She explained that she grew up in two
villages of 50 and 70 people, and finding someone willing and
eligible to be a poll worker is difficult. She said she does
not see a clear purpose in [the proposed legislation]. She said
she is the "get out the Native vote" coordinator and co-chair in
Fairbanks, who works diligently to get people to register to
vote and struggles to teach people that the legislature belongs
to them through their participation. She emphasized the
critical importance of conveying that message to people in
villages, because all voices need to be heard. Ms. Huntington
stated, "To have this bill pass, I think it would be, for me
personally, for our region, a major slap in the face." She
expressed concern that under HB 3, Native rights would become
narrower and Native participation in elections would drop. She
stated her belief that "economically, culturally, we're all tied
together." She talked about her work in encouraging people to
support bills that help areas of the state, and said, "To have
this pass would be devastating."
9:11:52 AM
CHAIR LYNN said HB 3 is not aimed at Native villages or anybody
else, but to all Alaska voters regardless of ethnicity.
9:12:09 AM
REPRESENTATIVE ISAACSON recollected that Mr. Lewis had said
there are people who vote in Elfin Cove who are not even Alaska
residents. He offered his understanding that under HB 3, a
voter [without a photo ID] would still be allowed to vote a
questioned ballot; therefore, he said he is not sure any
limitations would be placed on voters or the Tanana Chiefs
[Conference]. He asked Ms. Huntington to respond.
9:13:28 AM
MS. HUNTINGTON reiterated that sometimes there is just one poll
worker. She said if someone from outside the village came to a
village polling place to vote, the single poll worker would not
recognize the person and would require ID. She said as a voter
registrar and trainer of voter registrars, she has the ability
to register people to vote if she recognizes them. If she does
not recognize them, she asks for their photo ID. Ms. Huntington
said she does not see how voter fraud would occur under the
current system. She reiterated that a single poll worker can
allow someone to vote upon recognition of the person, and she
said, "Requiring two people or an ID when they show up at the
poll just doesn't make sense to me."
9:15:26 AM
REPRESENTATIVE HUGHES asked Ms. Huntington if she would find HB
3 more acceptable if an exception was made for elders "of a
certain age" and if, instead of two officials, recognition of
the voter without a photo ID would have to be made by just one
election official, but also by one other resident.
MS. HUNTINGTON said she thinks that would be better. She said
she knows it is the committee's job to consider whether the
obstacles that may be put before people make sense, and she
acknowledged that that is not an easy task.
9:17:29 AM
CHAIR LYNN queried whether [exempting elders] would set up two
classes of Natives: elder and non-elder.
9:17:55 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, reviewed the division's poll worker system.
She said the division tries to hire four to six poll workers in
each precinct, depending on the size of the precinct. She said
she has not personally been made aware of a situation in which
there has been just one election worker at a polling place
anywhere in the state. She suggested the only thing that could
have caused such a situation is if one of the workers had to run
home to take care of an issue, returning later. She said the
division trains at least two workers at every precinct prior to
the election. In response to Chair Lynn, she said the division
has its election officials at each precinct check in to let the
division know the polling place is open, and, at that point, if
they were short on staff they would let the division know and
would be told to find other people. She reiterated that she has
never been informed of a situation in which a precinct has
operated all day long with less than two workers.
9:19:43 AM
REPRESENTATIVE HUGHES asked how the division would handle a
situation in which there was only one [election official] during
early voting. She further asked what Ms. Fenumiai thought about
the idea of allowing an Alaska resident to serve as "the second
person."
MS. FENUMIAI responded that there may be only one absentee
voting official in a particular location. Currently, that
official signs, as the witness on the absentee and in-person
oath and affidavit envelope, that he/she is providing a ballot
to the voter. Regarding a community resident serving as an
extra witness, she said she is not certain such a person would
always be available if needed. In response to Representative
Hughes, she said the locations of polling places vary: some are
in community buildings, some in private residences, and some in
tribal offices. She said there are absentee voting officials in
about 49 city clerk offices statewide.
9:22:10 AM
MS. HUNTINGTON, regarding her previous reference to elders,
emphasized that the point is not whether they are Native or non-
Native, but whether or not they have a photo ID. Regarding
having another resident act as identifier, she said that would
apply in a worse-case scenario, since the division tries to have
two officials working in polling places.
9:24:26 AM
KEN HELANDER, Director of Advocacy, AARP, said he is testifying
on behalf of AARP's 94,000 Alaskan members. He said AARP
believes that the right to vote, along with full and fair
representation is a basic democratic right. He said older
individuals vote in disproportionately high numbers, and AARP
has long advocated for fair and simple procedures that
facilitate a high level of participation. Mr. Helander stated
that while AARP supports fair and effective procedures to detect
and prevent voter fraud, it does not support procedures that
reflect partisan bias or permit discriminatory reviews or voter
challenges that may discourage turnout by older voters. He said
the argument has been made that Alaska has many close elections
and that HB 3 would prevent such an election being decided by a
fraudulent vote. He said AARP believes that the evidence is
lacking to support the existence of a problem with voter fraud
and that the potential is created by HB 3 to even
unintentionally disenfranchise legitimate voters. He stated,
"It is not worth the risk to discourage the right to vote to
even one legitimate voter for the sake of preventing a problem
that has not been shown to exist." He emphasized AARP's strong
opposition to HB 3.
9:26:43 AM
CHAIR LYNN announced he would allow Mr. Lewis to give feedback
related to the statements made by former testifiers.
MR. LEWIS, regarding Ms. Huntington's statement that she did not
know how someone not from a community could vote in that
community, said the people who do so come to [Elfin Cove] in
May, register to vote, and most of those people are gone by
September. He offered his understanding that the Division of
Elections does not enforce its rules like the Alaska Department
of Fish & Game (ADF&G) or the Permanent Fund Division does, and
he expressed his desire to hear from Ms. Fenumiai regarding that
subject.
9:28:08 AM
MS. FENUMIAI, regarding questioned ballots, noted that Mr.
Mittman had referenced a municipal election, in which the state
has no involvement. She said in the 2012 primary election:
4,751 questioned ballots were issued and voted; 4,380 of them
were accepted; 374 were rejected; and the majority of the
rejected ballots in that election were due to the fact that a
voter chose a type of ballot that he/she was not eligible to
vote. She stated that in the 2012 General Election: 18,255
questioned ballots were issued and voted; 18,010 were accepted;
and 245 were rejected.
CHAIR LYNN observed that the vast majority of ballots voted in
both the primary and General Elections were accepted.
MS. FENUMIAI said that is true.
9:29:31 AM
REPRESENTATIVE ISAACSON asked Ms. Fenumiai to clarify how the
aforementioned ballots were rejected.
MS. FENUMIAI answered that she could get that information for
the committee.
REPRESENTATIVE ISAACSON posited that having that information
before the proposed legislation is heard by the House Judiciary
Standing Committee would be good, because why certain ballots
are being rejected "hits to the heart of this."
9:30:10 AM
REPRESENTATIVE HUGHES asked how long a person has to be in
Alaska before being eligible to register to vote.
9:30:32 AM
MS. FENUMIAI answered that a person is eligible to register to
vote immediately upon his/her arrival to the state, but is not
eligible to vote unless registered a minimum of 30 days before
the election. She added that the State of Alaska's law allows
registered voters to remain registered in the state as long as
they claim intent to return.
9:30:58 AM
REPRESENTATIVE ISAACSON asked if someone who claims intent to
return has to surrender residency [in another state].
MS. FENUMIAI responded that AS 15.05.020 discusses the rules for
determining the residence of a voter and is quite lengthy. In
response to a follow-up question, she said a person who
registers to vote in Alaska surrenders his/her right to vote in
another state, if he/she was previously registered to vote in
another state. She said there is nothing on Alaska's
certification form that states that the person is surrendering
all rights associated with another state.
REPRESENTATIVE ISAACSON said since the division does not have
policing authority and does not really cross-check records, a
person in Alaska as a seasonal worker, for example, could
register to vote in Alaska "surreptitiously" and also be voting
in his/her "real" home.
MS. FENUMIAI remarked upon the timing of Representative
Isaacson's question. She explained that the state just
participated in a cross-state match of voter registrations with
21 states, and she is just now receiving the statistics that may
show how many dual registrations there are and whether there are
any voters who tried to vote twice in the last General Election.
She said Alaska has done cross-state matches in the past with
Washington and Oregon and has removed voters from the list. She
indicated that people forgetting to let another state know they
have changed registration is often innocent. She explained that
if someone registers to vote in the State of Alaska and provides
the information that he/she is registered to vote in, for
example, Honolulu, Hawaii, the division will send notification
to the Hawaii Division of Elections.
9:33:57 AM
REPRESENTATIVE ISAACSON surmised that someone could be purposely
trying to commit voter fraud for the purpose of establishing
residency and obtaining a permanent fund dividend. He said 21
out of 50 states is a start, but is not really a comprehensive
list.
MS. FENUMIAI said a total of 82 million records were compared
across the 21 states, and she said she would have to return to
the office to check on the records, which she said she would be
happy to share with the committee.
REPRESENTATIVE ISAACSON asked if that would be in the next 30 or
so days.
MS. FENUMIAI answered yes.
9:35:12 AM
REPRESENTATIVE HUGHES asked if the cross checking with the 21
states is checking only for people who are dually registered or
if it is also checking to see how many people voted in more than
one state.
MS. FENUMIAI said the cross check is also looking at voting in
the 2012 General Election. In response to a follow-up question,
she said the cross check is a voluntary state participation.
She stated her understanding that the last time this was done,
there were about 12 states that participated in the program, so
participation has increased. She said the only cost associated
with the cross check is for the division to mail notices to
voters to let them know when there is double registration, but
there is no cost for sending the data and finding the matches.
She said the match is not guaranteed to be perfect, because, for
example, there could be three people with the same name, same
last four digits in their social security numbers, and same
birthdate. She said the division needs the voter to inform the
division that he/she wants to be removed from the voter rolls.
She offered her understanding that automatically removing the
person from the rolls would be in violation of the National
Voter Registration Act.
REPRESENTATIVE HUGHES asked if, after providing the notice, the
division would discount a person's vote if it knew that person
was still registered in another [state].
MS. FENUMIAI said she has not thought that far ahead, but thinks
there would be a way that the division could notate that there
could be a problem with that person's registration and to
validate his/her registration again in the State of Alaska.
9:37:46 AM
REPRESENTATIVE KREISS-TOMKINS asked if a photo ID requirement
would prevent a voter from committing absentee voter fraud.
MS. FENUMIAI answered that those who vote absentee by mail are
not required to provide photo ID unless they did not provide the
required ID at the time they registered to vote by mail, in
which case they would be required to provide a copy of photo ID
when they vote.
REPRESENTATIVE KREISS-TOMKINS expressed interest in seeing the
results of the aforementioned report.
9:39:09 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
9:39:25 AM
REPRESENTATIVE KELLER expressed ideas about the meaning of
moving a bill out of committee.
9:40:30 AM
REPRESENTATIVE ISAACSON said he believes the bill is
commendable, because fraud is becoming more of a national issue.
Further, he said he agrees that HB 3 is not aimed at any
particular people, but is a preventative measure. Nevertheless,
he mentioned federal overreach, and he emphasized concern that
the state government may be overreaching. He explained that his
support for [HB 3] has gone from "really warm" to "lukewarm."
Regarding [Mr. Willis's] remarks about seasonal residents who
may be voting in more than one state, Representative Isaacson
said that "can be malicious intent." He said the intent of the
bill is not to prevent any legitimate Alaska voter from having a
voice. He remarked that some people think increasing
restrictions for gun owners will "stop crooks," but he said the
opposite is true. He said he would vote to move HB 3 out of
committee, with no recommendation, because he would like it
heard in the House Judiciary Standing Committee, but asked that
consideration be given to making sense. He questioned the
timing of the legislation. He said he is looking forward to
seeing the report mention by Ms. Fenumiai.
CHAIR LYNN concurred with Representative Isaacson that the
proposed legislation must not disenfranchise any legitimate
voters from being able to vote.
9:46:55 AM
REPRESENTATIVE KREISS-TOMKINS prefaced his remarks by saying
that he thinks the bill was introduced with good intentions and
fraud is a huge problem. He recommended the Division of
Elections could expand the aforementioned cross reference from
21 to 50 states. He stated he has two fundamental problems with
HB 3: First, he said, "I feel it flies in the face of reality
as far as their being an actual problem." He gave an example of
flying in Alaska on small planes and not having to go through
TSA security. He said flight security is important, but if
people had to go through TSA to travel on small planes, there
would be an uproar in the state for good reason; it is entirely
impractical. He said he is not sure there is a problem with
people impersonating other people when voting; however, he said
there may be a problem with multiple registrations in other
states.
REPRESENTATIVE KREISS-TOMKINS said that in rural Alaska there is
a real concern about undue regulation. He emphasized the
importance of avoiding even the appearance of
disenfranchisement, and the proposed legislation may cause
frustration and alienation if people have to cast a separate
type of ballot because they don't have photo ID. He said he
cannot support HB 3, because of the aforementioned reasons and
because of the feedback he has received from his constituents.
9:51:09 AM
REPRESENTATIVE HUGHES said she thinks the sponsor's intent is
good, and said she believes the integrity of the voting process
is important to all Alaskans. Notwithstanding that, she said
although she likes the concept of the proposed legislation, she
has concerns about it in its present form. She said keeping
legislation simple can be good in some cases, but not allowing
exceptions for elders under HB 3 concerns her. She stated her
belief that every person's vote has value, and said not one
voter should be disenfranchised. She mentioned exemptions made
by some states for seniors who are no longer driving. She
opined that a questioned ballot is not ideal. She said she
would vote to move HB 3 out of committee, but expressed her hope
that the House Judiciary Standing Committee would respect the
importance of allowing every voter a vote, ideally without that
vote being made on a questioned ballot. She stated that in many
places, early voting is the norm, and two election workers are
not present in that scenario. She reiterated her idea to allow
a community member to act as the second person [required under
HB 3] to sign off as knowing the voter. Further, she said she
thinks it is important to offer a photo ID at no charge.
9:54:14 AM
CHAIR LYNN expressed appreciation to the committee for its
thorough consideration of HB 3. He stated support of the
proposed legislation and reemphasized the intent of bill.
9:55:22 AM
REPRESENTATIVE KELLER moved to report HB 3 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 3 was reported out of the House
State Affairs Standing Committee.
9:55:54 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:56
a.m.