02/17/2005 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB94 | |
| HB98 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 98 | TELECONFERENCED | |
| += | HB 94 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 17, 2005
8:07 a.m.
MEMBERS PRESENT
Representative Paul Seaton, Chair
Representative Carl Gatto, Vice Chair
Representative Jim Elkins
Representative Bob Lynn
Representative Jay Ramras
Representative Berta Gardner
Representative Max Gruenberg
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 94
"An Act relating to qualifications of voters, requirements and
procedures regarding independent candidates for President and
Vice-President of the United States, voter registration and
voter registration records, voter registration through a power
of attorney, voter registration using scanned documents, voter
residence, precinct boundary and polling place designation and
modification, recognized political parties, voters unaffiliated
with a political party, early voting, absentee voting,
application for absentee ballots through a power of attorney, or
by scanned documents, ballot design, ballot counting, voting by
mail, voting machines, vote tally systems, initiative,
referendum, recall, and definitions in the Alaska Election Code;
relating to incorporation elections; and providing for an
effective date."
- HEARD AND HELD
HOUSE BILL NO. 98
"An Act relating to the compensation of certain public
officials, officers, and employees not covered by collective
bargaining agreements; and providing for an effective date."
- MOVED CSHB 98(STA) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 94
SHORT TITLE: ELECTIONS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/05 (H) READ THE FIRST TIME - REFERRALS
01/21/05 (H) STA, JUD, FIN
02/03/05 (H) STA AT 8:00 AM CAPITOL 106
02/03/05 (H) Heard & Held
02/03/05 (H) MINUTE(STA)
02/08/05 (H) STA AT 8:00 AM CAPITOL 106
02/08/05 (H) Heard & Held
02/08/05 (H) MINUTE(STA)
02/10/05 (H) STA AT 8:00 AM CAPITOL 106
02/10/05 (H) Heard & Held
02/10/05 (H) MINUTE(STA)
02/17/05 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 98
SHORT TITLE: NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/21/05 (H) READ THE FIRST TIME - REFERRALS
01/21/05 (H) STA, FIN
02/17/05 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
LAURA GLASIER, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Testified and answered questions on behalf
of the division during the hearing on HB 94.
REPRESENTATIVE GABRIELLE LEDOUX
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Spoke to Amendment 2 during the hearing on
HB 94.
REPRESENTATIVE SAMUELS
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented Amendment 3 during the hearing on
HB 94.
MIKE TIBBLES, Deputy Commissioner
Office of the Commissioner
Department of Administration
Juneau, Alaska
POSITION STATEMENT: Presented HB 98 on behalf of the
administration.
ACTION NARRATIVE
CHAIR PAUL SEATON called the House State Affairs Standing
Committee meeting to order at 8:07:50 AM. Present at the call
to order were Representatives Gatto, Elkins, Lynn, Gardner, and
Seaton. Representatives Ramras and Gruenberg arrived as meeting
was in progress.
8:08:49 AM
CHAIR SEATON announced that there would be a work session on
Saturday, February 19, to address the PERS/TRS issue, and it
would be teleconferenced.
HB 94-ELECTIONS
8:10:43 AM
CHAIR SEATON announced that the first order of business was
HOUSE BILL NO. 94, "An Act relating to qualifications of voters,
requirements and procedures regarding independent candidates for
President and Vice-President of the United States, voter
registration and voter registration records, voter registration
through a power of attorney, voter registration using scanned
documents, voter residence, precinct boundary and polling place
designation and modification, recognized political parties,
voters unaffiliated with a political party, early voting,
absentee voting, application for absentee ballots through a
power of attorney, or by scanned documents, ballot design,
ballot counting, voting by mail, voting machines, vote tally
systems, initiative, referendum, recall, and definitions in the
Alaska Election Code; relating to incorporation elections; and
providing for an effective date."
[Before the committee was the committee substitute (CS) for HB
94, Version 24-GH1048\G, Kurtz, 1/31/05.]
8:10:57 AM
LAURA GLASIER, Director, Division of Elections, Office of the
Lieutenant Governor, offered her understanding that the
committee had left off its last hearing of HB 94 in the midst of
discussion of Amendment 2, [labeled 24-GH1048\G.9, Kurtz,
2/9/05], which previously had been moved by Representative
Gardner.
8:12:16 AM
REPRESENTATIVE GARDNER returned to discussion of Amendment 2,
[which she had moved at the end of the House State Affairs
Standing Committee meeting on 2/10, without objection.]
Amendment 2 read as follows:
Page 6, following line 21:
Insert new bill sections to read:
"* Sec. 10. AS 15.15.420 is amended to read:
Sec. 15.15.420. Duty to review the ballot
counting. The director shall review the counting of
the ballots with the assistance of and in the presence
of the state ballot counting review board [APPOINTED
REPRESENTATIVES FROM THE POLITICAL PARTIES].
* Sec. 11. AS 15.15.430 is amended to read:
Sec. 15.15.430. Scope of the review of ballot
counting. (a) The review of ballot counting by the
director shall include only [A REVIEW OF]
(1) a review of the precinct registers,
tallies, and ballots cast; [AND]
(2) a review of absentee and questioned
ballots as prescribed by law; and
(3) a hand count of ballots from one
randomly selected precinct in each election district
that accounts for at least five percent of the ballots
cast in that district.
(b) If, following the ballot review set out in
(a) of this section, the director finds an unexplained
discrepancy in the ballot count in any precinct, the
director may count the ballots from that precinct. If
there is a discrepancy of more than one percent
between the results of the hand count under (a)(3) of
this section and the count certified by the election
board, the director shall conduct a hand count of the
ballots from that district. The director shall
certify in writing to the state ballot counting review
board and publish on the division's Internet website
any changes resulting from a [THE] count performed
under this subsection."
Renumber the following bill sections accordingly.
Page 21, line 4:
Delete "secs. 20 - 43"
Insert "secs. 22 - 45"
REPRESENTATIVE GARDNER said Amendment 2 would assure people of
the accuracy of machine counting [in elections]. She stated
that there had been a question raised regarding the definition
of the state ballot counting review board, which she said she
thinks is resolved. She clarified, "It is something that's
already specifically defined and includes representatives from
both parties."
REPRESENTATIVE GARDNER directed attention to page 1, line 14,
[as numbered on Amendment 2], regarding a hand count of ballots.
She stated her belief that those districts that hand count their
ballots would be excluded, because the point is to check the
machine counting.
8:12:44 AM
CHAIR SEATON, in response to comments by Representative
Gruenberg, explained that Amendment 2 is an amendment to Version
G; any amendments adopted to Version G will be rolled over into
the next bill version adopted by the committee. [Version F was
in committee packets but had not yet been adopted by the
committee.]
8:13:59 AM
REPRESENTATIVE GARDNER stated her understanding that there will
be a fiscal note related to the hand counting. She emphasized
the importance of ensuring fairness and accuracy at every level.
8:14:55 AM
MS. GLAISER reported that 22 of the 287 accuvote precincts don't
meet the 5 percent bar. By 2006, she related, every precinct
will have at least one touch screen. She requested that the
committee change "shall" to "may", to allow the director of the
division the discretion as to whether or not a hand count is
necessary.
8:17:27 AM
MS. GLASIER, in response to a question from Representative
Gatto, noted that every district has at least one precinct that
would meet the bar for testing at 5 percent. In response to a
question from Representative Lynn, she said the hand count
process would not affect election night, because "this activity
does not take place 'til the ballots reach the state review
board." In response to a follow-up question from Representative
Lynn, regarding what would happen if there is a significant
error in one precinct, Ms. Glasier said Amendment 2 would
provide that if there is a discrepancy of more than 1 percent
between the results and the hand count, the director shall
conduct a hand count of the ballots in the entire district. She
noted that, in some precincts, 1 percent can mean one vote. She
said the division implemented its own standards when it did a
statewide recount. She suggested 3 percent as a reasonable
margin.
8:19:46 AM
REPRESENTATIVE GATTO suggested the limit could be 1 percent, but
not less than three votes.
8:20:00 AM
MS. GLASIER responded, "But again, if we recount that whole
district, that is going to delay ... certification of election."
8:20:03 AM
REPRESENTATIVE GARDNER, regarding Representative Gatto's
suggestion, said if the hand counted precinct is at least 5
percent of the district, then she wouldn't have a problem
changing the language to say "or" a certain number of votes,
whichever is greater. Regarding the issue of "shall" versus
"may", she said she thinks it should be "shall". She explained
that, although she has every confidence in the Division of
Elections, there are concerns nationwide regarding the integrity
of voting machines. Representative Gardner reiterated that she
wants to assure everyone that the state is doing its best to
ensure fair and honest elections by requiring a spot check in
every district.
8:21:10 AM
REPRESENTATIVE GRUENBERG indicated that Amendment 2 could also
include hand counted ballots. He said it seems to him that the
possibility of a miscount is at least as great in a hand counted
precinct "as with a machine."
8:21:51 AM
MS. GLASIER answered that more discrepancy is probably found in
a hand count. She said there is public concern regarding
machines; however, the state has proven in five or six recounts
in the last three years that the accuvote machines "are on."
8:23:04 AM
REPRESENTATIVE GRUENBERG suggested it would be wise for the
division to be able to select whichever precinct it wants.
8:23:21 AM
REPRESENTATIVE GARDNER responded that the point is that it be
random and representative of the district. She clarified, "If
it were a precinct that was just very tiny in a large district,
it might not be representative of how the count is really
going."
8:23:38 AM
REPRESENTATIVE GRUENBERG suggested giving the Division of
Election more discretion, by allowing a random selection of the
precincts.
REPRESENTATIVE GARDNER said that could be acceptable.
8:25:21 AM
MS. GLASIER, in response to a question from Representative
Gruenberg regarding the proposed language change in Amendment 2
from "[APPOINTED REPRESENTATIVES FROM THE POLITICAL PARTIES]" to
"state ballot counting review board", said she doesn't think the
division's process would change. She clarified that the board
would be present and conducting its review, while
simultaneously, hand count verifications would be taking place.
Regarding the current system in which a representative from the
political parties is appointed, she confirmed that that is done
at no cost to the state.
8:26:29 AM
MS. GLASIER, in response to a question from Representative
Gruenberg, clarified, "We always have the board there; all I
think this would change is that while the board is present, ...
other appointed members of the party could not be present." She
offered an example.
8:26:58 AM
REPRESENTATIVE GATTO gave an example of how every single vote is
crucial. He asked what the threshold is with an optical scanner
before it discards a ballot.
8:27:54 AM
MS. GLASIER said if a mark is light, the optical scanner will
"bring it back" for being an "under vote." She clarified that
[the machine] would ask the voter if he/she is aware that a vote
has been lightly marked or not marked. She said it's part of
the Help America Vote Act (HAVA). She noted that some people
make a conscious choice not to vote in certain races.
Regardless of the efforts made to ensure a vote is read
correctly, some people still do not mark their ballots
correctly, at which point it becomes "a human call on the intent
of the voter."
8:28:52 AM
CHAIR SEATON asked Ms. Glasier to confirm that [Amendment 2]
wouldn't have anything to do with the situation where there is a
five-vote discrepancy, because [in that case] there would be an
automatic recount.
8:29:07 AM
MS. GLASIER answered that's correct.
CHAIR SEATON added, "And that bar is at half a percent of the
number of votes in the district."
[MS. GLASIER nodded.]
8:29:14 AM
MS. GLASIER, in response to a question from Representative Gatto
regarding whether the recount is done exactly as the count was
done using a scanner, said that random hand counts are also
done.
8:29:25 AM
REPRESENTATIVE LYNN asked how difficult it would be to tamper
with a voting machine to affect the outcome of a vote.
8:29:47 AM
MS. GLASIER said there's a group called Black Box Voting that
perpetuates the idea [that tampering] could be done. In Alaska,
she noted, a state employee programs the machines. In some
other states the machine vendor does the programming, and the
concern there is whether a vendor could put something in the
software to change the outcome of votes. She said the debate is
just as strong on either side.
8:30:39 AM
REPRESENTATIVE GARDNER stated that it is theoretically possible
to program the software to favor a candidate, and it's called,
"the back door." She said it's never happened in Alaska, but
the point of the spot-checking is to guard against that possible
eventuality. Regarding the previous questions concerning the
state ballot counting review board, she emphasized that the
board already exists and is working. She clarified, "This
amendment does not address, in any way, whether there can be
other people watching or not watching - it simply says that the
count is done in the presence of the review board. It doesn't
mean that others can't be there, too."
8:31:26 AM
CHAIR SEATON stated that he thinks the review board and Division
of Election's policies have adequately shown that they are
"sampling the election." He said, "I think putting in this
procedure is a complication that I'm not willing to impose upon
the division for a problem that I don't think we have."
8:32:23 AM
CHAIR SEATON reminded the committee that [Ms. Glasier] had
suggested changing the "shall" to "may" on line 4 [as numbered
on Amendment 2]. He asked if anyone wished to amend Amendment
2.
8:32:37 AM
REPRESENTATIVE GRUENBERG noted that the word "shall" appears on
lines 4, 10, 21, and 22 [as numbered on Amendment 2].
8:33:10 AM
REPRESENTATIVE GARDNER indicated that changing "shall" to "may"
would make the entire [amendment] unnecessary.
8:33:25 AM
REPRESENTATIVE GRUENBERG stated concern regarding the merits [of
Amendment 2], but expressed a willingness to work further on the
issues surrounding it.
8:34:53 AM
REPRESENTATIVE ELKINS moved Amendment 1 to Amendment 2 to change
"shall" to "may" on line 4 [as numbered on Amendment 2].
8:35:13 AM
REPRESENTATIVE GRUENBERG objected. He opined that the change in
words should not be made there, and he asked Ms. Glasier which
"shall" would best be changed.
8:35:34 AM
MS. GLASIER suggested a change to line 14 [as numbered on
Amendment 2] as follows:
Between: "(3)" and "a hand count"
Insert: "and may include"
REPRESENTATIVE GARDNER asked Ms. Glasier how that would change
the division's current abilities.
MS. GLASIER answered that there would be no change.
CHAIR SEATON offered his understanding that the amendment before
the committee was the one suggested by Ms. Glasier. He asked if
there was any objection. [The committee treated Ms. Glasier's
suggested amendment as Amendment 1 to Amendment 2 and as a
replacement for the original Amendment 1 to Amendment 2 moved by
Representative Elkins.]
8:37:05 AM
REPRESENTATIVE GATTO objected to Amendment 1 to Amendment 2.
8:37:15 AM
REPRESENTATIVE LYNN stated that if the amendment being
considered won't change the way things are currently done by the
division, then it seems irrelevant whether or not it is adopted.
8:38:28 AM
A roll call vote was taken. Representative Elkins voted in
favor of Amendment 1 to Amendment 2. Representatives Gatto,
Lynn, Gardner, Gruenberg, and Seaton voted against it.
Therefore, Amendment 1 to Amendment 2 failed by a vote of 5-1.
8:38:45 AM
CHAIR SEATON asked if there was any more discussion to Amendment
2.
A roll call vote was taken. Representatives Gardner and Gatto
voted in favor of Amendment 2. Representatives Elkins, Lynn,
Gruenberg, and Seaton voted against it. Therefore, Amendment 2
failed by a vote of 4-2.
8:40:18 AM
REPRESENTATIVE GRUENBERG moved to adopt the committee substitute
(CS) for HB 94, Version 24-GH1048\F, Kurtz, 2/11/05, as a work
draft.
8:40:48 AM
CHAIR SEATON objected.
8:41:04 AM
REPRESENTATIVE GRUENBERG noted the changes that were
incorporated into Version F.
8:42:02 AM
CHAIR SEATON clarified that the amendments labeled G.6-G.7 are
included in the committee packet and were incorporated into
Version F.
The committee took an at-ease from 8:42:51 AM to 8:49:48 AM.
CHAIR SEATON reminded the committee that a motion was made to
adopt Version F [with objection stated by Chair Seaton].
8:50:26 AM
REPRESENTATIVE GRUENBERG continued a review of the changes
effected in Version F, and the reasons for them.
8:52:43 AM
CHAIR SEATON removed his objection to Version F; therefore,
Version F was before the committee as a work draft.
8:53:08 AM
Representative Gruenberg confirmed that Version F includes all
the amendments that had been adopted into Version G.
8:53:37 AM
CHAIR SEATON directed attention to page 19, [lines 16-19], which
read as follows:
Sec. 15.60.008. Recognized political party
status. (a) A political group that the director has
not recognized as a political party may obtain
recognized political party status if, on or before May
31 of the first election year for which the political
group seeks recognition, the political group
CHAIR SEATON moved to adopt Amendment 1 as follows:
On page 19, line 18:
Delete "first"
CHAIR SEATON clarified that the language would read, "May 31 of
the election year". He asked if there was any objection. There
being none, Amendment 1 was adopted.
8:55:20 AM
REPRESENTATIVE RAMRAS moved to adopt Amendment 2, labeled 24-
GH1048\F.5, Kurtz, 2/16/05, on behalf of Representative
Gabrielle LeDoux. Amendment 2 read as follows:
Page 7, line 8:
Delete "a [TWO] United States citizen [CITIZENS]"
Insert "an individual [TWO UNITED STATES
CITIZENS]"
Page 8, lines 1 - 2:
Delete "one person who is a United States citizen
and"
Insert "an individual who"
Page 8, line 4:
Delete "person's"
Insert "individual's"
8:56:48 AM
REPRESENTATIVE GRUENBERG objected to Amendment 2 for discussion
purposes.
8:57:05 AM
REPRESENTATIVE GABRIELLE LEDOUX, Alaska State Legislature, spoke
to Amendment 2. She said current statute requires that an
absentee voter must sign the voter's certificate in the presence
of two persons over the age of 18 years. She said that the
division, because of its concern that this requirement
disenfranchises those in Alaska who live in remote areas, has
proposed amending that requirement. However, Representative
LeDoux noted that there would be a requirement that the one
witness be a U.S. citizen - a requirement that may
disenfranchise those Alaskans living overseas.
8:59:21 AM
REPRESENTATIVE LEDOUX stated that there is an inconsistency in
current statute between the requirements for by-mail voting and
those voting by facsimile ("fax"). Amendment 2 asks that both
by-mail and by-fax voting requirements either be reduced to one
person over 18 or, preferably, that the witness requirement be
eliminated altogether. Representative LeDoux mentioned a
federal voting assistance program that suggests that Alaska
totally eliminate the requirement for overseas voting. She
noted that 36 other states and territories have done so.
9:01:02 AM
REPRESENTATIVE GRUENBERG said he has a substitute for Amendment
2 which would eliminate the requirement entirely.
9:02:32 AM
REPRESENTATIVE GATTO proffered that the concern is people
traveling who wish to vote could not find a U.S. citizen to be a
witness. Those residing in the U.S. would not have difficulty
finding at least one U.S. citizen as a witness.
9:03:31 AM
REPRESENTATIVE LEDOUX said she is focusing on people outside of
the country. Notwithstanding that, she expressed concern about
having different requirements for people inside the country
versus those outside.
9:04:41 AM
REPRESENTATIVE GATTO asked Ms. Glasier how the division would
treat an absentee ballot with "N/A" [not applicable] written on
the witness signature line.
9:05:11 AM
MS. GLASIER answered that the ballot would not be counted. In
response to a question from Chair Seaton, she said the
lieutenant governor opposes dropping the bar for the U.S.
citizen [requirement]. She said, "What you're amending is our
absentee by-mail program for everyone in the U.S., whether
they're traveling overseas or whether they live here in Alaska."
Ms. Glasier said that it doesn't follow that just because other
states do something one way, Alaska should as well. She noted
that other states have problems with fraud and voting totals.
She said Alaska has always been an A+ state in regard to voting.
9:07:19 AM
MS. GLASIER said the committee would be lowering the bar
regarding the requirement for by-fax voting, as written in AS
15.20.066.
9:07:26 AM
CHAIR SEATON added, "But we are raising the bar on the ballots
by mail."
9:07:38 AM
REPRESENTATIVE GRUENBERG directed attention to a letter in the
committee packet from Paul Mendez, [Program Analyst], Federal
Voting Assistance Program (FVAP), written to Christine
Marasigan, Staff to Representative Gabrielle LeDoux.
9:08:02 AM
MS. GLASIER, in response to a request from Representative
Gruenberg, explained that FVAP is an organization that assists
those who vote overseas, such as those in the military. She
noted that [the division] completes surveys with [FVAP].
9:08:24 AM
REPRESENTATIVE GRUENBERG said Mr. Mendez recommends that the
witness requirement be eliminated. He asked what Ms. Glasier
thinks about that idea.
9:09:30 AM
MS. GLASIER said the voter takes an oath that he/she is a U.S.
citizen and so do the witnesses. She reminded the committee
that finding a witness is an option second to finding a notary
public or uniformed officer.
9:10:43 AM
REPRESENTATIVE GRUENBERG remarked that a voter takes an oath,
under penalty of perjury. He asked Ms. Glasier if she thinks
perjury is a stiff penalty for lying.
9:11:07 AM
MS. GLASIER said she believes so.
9:12:32 AM
REPRESENTATIVE LYNN asked why two witnesses are required for
voting by fax, whereas only one is required for by-mail voting.
9:12:42 AM
CHAIR SEATON indicated that he thinks the concern may have been
that voting by fax is voting by electronic means and thus,
tampered could occur.
9:13:22 AM
REPRESENTATIVE GATTO stated a concern about professionals who
can interfere with both e-mail and fax.
9:14:05 AM
REPRESENTATIVE RAMRAS suggested there are two issues: the intent
to maintain the lowest common denominator that will still allow
people to participate in the election process, versus the
division's concern over the possibility of fraud. He asked Ms.
Glasier, "Is that a fair way to assess this amendment?"
9:14:30 AM
MS. GLASIER answered yes.
9:14:36 AM
CHAIR SEATON asked if there was further discussion on Amendment
2 to Version F.
9:15:03 AM
REPRESENTATIVE GRUENBERG said he would support Amendment 2, but
would later offer an amendment to eliminate the witness
requirement.
9:15:22 AM
A roll call vote was taken. Representatives Lynn, Ramras,
Gardner, Gruenberg, and Gatto voted in favor of Amendment 2 to
Version F. Representatives Elkins and Seaton voted against it.
Therefore, Amendment 2 passed by a vote of 5-2.
9:18:02 AM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 3, labeled 24-
GH1048\F.2, Kurtz, 2/16/05, which read as follows:
Page 1, line 8, following "systems,":
Insert "qualifications for elected office,"
Page 9, following line 1:
Insert new bill sections to read:
"* Sec. 17. AS 15.25.030(a) is amended to read:
(a) A member of a political party who seeks to
become a candidate of the party in the primary
election shall execute and file a declaration of
candidacy. The declaration shall be executed under
oath before an officer authorized to take
acknowledgments and must state in substance
(1) the full name of the candidate;
(2) the full mailing address of the
candidate;
(3) if the candidacy is for the office of
state senator or state representative, the house or
senate district of which the candidate is a resident;
(4) the office for which the candidate
seeks nomination;
(5) the name of the political party of
which the person is a candidate for nomination;
(6) the full residence address of the
candidate, and the date on which residency at that
address began;
(7) the date of the primary election at
which the candidate seeks nomination;
(8) the length of residency in the state
and in the district of the candidate;
(9) that the candidate will meet the
specific citizenship requirements of the office for
which the person is a candidate;
(10) that the candidate is a qualified
voter as required by law;
(11) that the candidate will meet the
specific age requirements of the office for which the
person is a candidate; if the candidacy is for the
office of state representative, that the candidate
will be at least 21 years of age on the first day of
the first regular session of the legislature convened
after the election; if the candidacy is for the office
of state senator, that the candidate will be at least
25 years of age on the first day of the first regular
session of the legislature convened after the
election; if the candidacy is for the office of
governor or lieutenant governor, that the candidate
will be at least 30 years of age on the first Monday
in December following election or, if the office is to
be filled by special election under AS 15.40.230 -
15.40.310, that the candidate will be at least 30
years of age on the date of certification of the
results of the special election; or, for any other
office, by the time that the candidate, if elected, is
sworn into office;
(12) that the candidate requests that the
candidate's name be placed on the primary election
ballot;
(13) that the required fee accompanies the
declaration;
(14) that the person is not a candidate for
any other office to be voted on at the primary or
general election and that the person is not a
candidate for this office under any other declaration
of candidacy or nominating petition;
(15) the manner in which the candidate
wishes the candidate's name to appear on the ballot;
and
(16) that the candidate is registered to
vote as a member of the political party whose
nomination is being sought.
* Sec. 18. AS 15.25.105(a) is amended to read:
(a) If a candidate does not appear on the
primary election ballot or is not successful in
advancing to the general election and wishes to be a
candidate in the general election, the candidate may
file as a write-in candidate. Votes for a write-in
candidate may not be counted unless that candidate has
filed a letter of intent with the director stating
(1) the full name of the candidate;
(2) the full residence address of the
candidate and the date on which residency at that
address began;
(3) the full mailing address of the
candidate;
(4) the name of the political party or
political group of which the candidate is a member, if
any;
(5) if the candidate is for the office of
state senator or state representative, the house or
senate district of which the candidate is a resident;
(6) the office that the candidate seeks;
(7) the date of the election at which the
candidate seeks election;
(8) the length of residency in the state
and in the house district of the candidate;
(9) the name of the candidate as the
candidate wishes it to be written on the ballot by the
voter;
(10) that the candidate meets the specific
citizenship requirements of the office for which the
person is a candidate;
(11) that the candidate will meet the
specific age requirements of the office for which the
person is a candidate; if the candidacy is for the
office of state representative, that the candidate
will be at least 21 years of age on the first day of
the first regular session of the legislature convened
after the election; if the candidacy is for the office
of state senator, that the candidate will be at least
25 years of age on the first day of the first regular
session of the legislature convened after the
election; if the candidacy is for the office of
governor or lieutenant governor, that the candidate
will be at least 30 years of age on the first Monday
in December following election or, if the office is to
be filled by special election under AS 15.40.230 -
15.40.310, that the candidate will be at least 30
years of age on the date of certification of the
results of the special election; or, for any other
office, by the time that the candidate, if elected, is
sworn into office;
(12) that the candidate is a qualified
voter as required by law; and
(13) that the candidate is not a candidate
for any other office to be voted on at the general
election and that the candidate is not a candidate for
this office under any other nominating petition or
declaration of candidacy.
* Sec. 19. AS 15.25.180(a) is amended to read:
(a) The petition must state in substance
(1) the full name of the candidate;
(2) the full residence address of the
candidate and the date on which residency at that
address began;
(3) the full mailing address of the
candidate;
(4) the name of the political group, if
any, supporting the candidate;
(5) if the candidacy is for the office of
state senator or state representative, the house or
senate district of which the candidate is a resident;
(6) the office for which the candidate is
nominated;
(7) the date of the election at which the
candidate seeks election;
(8) the length of residency in the state
and in the district of the candidate;
(9) that the subscribers are qualified
voters of the state or house or senate district in
which the candidate resides;
(10) that the subscribers request that the
candidate's name be placed on the general election
ballot;
(11) that the proposed candidate accepts
the nomination and will serve if elected, with the
statement signed by the proposed candidate;
(12) the name of the candidate as the
candidate wishes it to appear on the ballot;
(13) that the candidate is not a candidate
for any other office to be voted on at the primary or
general election and that the candidate is not a
candidate for this office under any other nominating
petition or declaration of candidacy;
(14) that the candidate meets the specific
citizenship requirements of the office for which the
person is a candidate;
(15) that the candidate will meet the
specific age requirements of the office for which the
person is a candidate; if the candidacy is for the
office of state representative, that the candidate
will be at least 21 years of age on the first day of
the first regular session of the legislature convened
after the election; if the candidacy is for the office
of state senator, that the candidate will be at least
25 years of age on the first day of the first regular
session of the legislature convened after the
election; and if the candidacy is for the office of
governor or lieutenant governor, that the candidate
will be at least 30 years of age on the first Monday
in December following election or, if the office is to
be filled by special election under AS 15.40.230 -
15.40.310, that the candidate will be at least 30
years of age on the date of certification of the
results of the special election; or, for any other
office, by the time that the candidate, if elected, is
sworn into office;
(16) that the candidate is a qualified
voter; and
(17) if the candidacy is for the office of
the governor, the name of the candidate for lieutenant
governor running jointly with the candidate for
governor."
Renumber the following resolution sections
accordingly.
Page 21, line 6:
Delete "secs. 20 - 43"
Insert "secs. 23 - 46"
9:18:26 AM
CHAIR SEATON objected for discussion purposes.
9:18:41 AM
REPRESENTATIVE RALPH SAMUELS, Alaska State Legislature,
explained that Amendment 3 would require that a person running
for office would meet the age requirement of that office by the
first day of session, if for the House or Senate, and by the
first Monday in December, if running for governor.
9:20:31 AM
REPRESENTATIVE GRUENBERG stated one problem with Amendment 3 is
that it only includes state offices, not federal. Another
problem, he indicated, is requiring that a person be a certain
age by the first day of session. He said he thinks that may not
be constitutional. He said he would like a legal opinion.
9:21:39 AM
REPRESENTATIVE SAMUELS responded that the constitution requires
a person to be of a certain age in order to hold office, and
Amendment 3 would only require that the person running for
office is going to meet that constitutional requirement by the
time he/she holds the office.
9:22:34 AM
REPRESENTATIVE SAMUELS, in response to a question from
Representative Gatto regarding appointed positions, said a
person cannot serve unless he/she is 21, 25, or 30 [for the
House, Senate, and governor, respectively].
9:23:04 AM
REPRESENTATIVE SAMUELS noted that the first day of the Alaska
State Legislature's session is defined in statute, and it
depends upon whether or not there's a gubernatorial election.
In response to a question from Representative Gatto, he
clarified that the person must meet the age requirement by the
day that the legislature is scheduled to convene.
9:25:03 AM
REPRESENTATIVE SAMUELS, in response to Representative
Gruenberg's reiteration of his idea regarding a legal opinion,
said he had thought that Amendment 3 was a "common sense thing."
9:25:16 AM
REPRESENTATIVE GRUENBERG directed attention to Article 2,
Section 2, [of the Alaska State Constitution], which read as
follows:
A member of the legislature shall be a qualified voter
who has been a resident of Alaska for at least three
years and of the district from which elected for at
least one year, immediately preceding his filing for
office. A senator shall be at least twenty-five years
of age and a representative at least twenty-one years
of age.
REPRESENTATIVE GRUENBERG read an attorney general's opinion from
1963 as follows:
The state legislature may not change the
qualifications for a public office where the state
constitution has set forth the qualifications and the
constitution has not specifically provided that the
legislature has the power to change or add to the
qualifications.
9:26:26 AM
CHAIR SEATON clarified the intent of Amendment 3 for
Representative Gruenberg.
9:27:33 AM
REPRESENTATIVE GRUENBERG cited a second attorney general's
opinion from 1960, which read as follows:
Bills passed by the Senate during a period of service
in that body of a Senator who was at the time less
than 25 years of age were valid.
REPRESENTATIVE GRUENBERG stated concern that "this would appear
to chill the right of a candidate to run who was not going to be
21, or 25, or 30 for a few days later."
9:28:45 AM
REPRESENTATIVE LYNN said, "I think we're talking about an
unfortunate situation that happened in this last election cycle;
and this has got to be fixed." He opined that it is not fair to
the voters, the opponent, or the candidate, to have someone
running for office who [does not meet the age requirement].
9:28:59 AM
MS. GLASIER responded, "Everybody knows it was ... in the media
... - the problem about certifying a candidate and the date of
certification." She characterized [Amendment 3] as "a bright
line" for the division to follow when certifying candidates.
She noted that because the date session begins and the date the
governor is sworn in are in statute, and because the division
can check the date of birth, all of those things can be
determined by the Division of Elections by June 1, on filing
day, to certify a candidate to be placed on the ballot.
9:29:50 AM
REPRESENTATIVE GRUENBERG observed that people can't file for
office until they file a declaration of candidacy, and, under
Amendment 3, they couldn't file that declaration of candidacy
without certifying that they would be 21 on the date that the
legislature convened. The result, he concluded, would mean that
nobody could run who would not be 21 on the date that the
legislature convened.
9:30:28 AM
MS. GLASIER confirmed that Representative Gruenberg's
observation is correct.
9:30:44 AM
REPRESENTATIVE GRUENBERG reiterated his concern regarding
constitutionality.
9:31:21 AM
REPRESENTATIVE GARDNER noted that the suggested language in
Amendment 3 [on page 2, line 15] is that the candidate must be
of a certain age by the date he/she "is sworn into office". She
indicated that a candidate may not be 21 until "maybe three days
later, and there's a snow storm." She suggested adding language
to specify the "regularly scheduled date."
9:31:49 AM
CHAIR SEATON pointed out that the language on page 2 [lines 6-7]
read, "that the candidate will be at least 21 years of age on
the first day of the first regular session of the legislature
convened after the election".
9:32:10 AM
REPRESENTATIVE SAMUELS clarified as follows:
The decision on whether or not the candidate would be
eligible to run is going to be made the previous
summer. So, if the start of the session is January
10, he'll know the previous June whether he'll be 21
on the 10th of January. It doesn't matter if we
actually start 'til the 13th, or the 15th, or the 30th
- I mean if there's [an] earthquake or ... whatever
happens, it doesn't matter, because he will have been
certified or not certified to run the previous summer.
9:32:45 AM
REPRESENTATIVE GATTO said it's impossible for the division to
know for certain what the first day will actually be, they just
know when it's scheduled to be.
9:33:15 AM
REPRESENTATIVE GATTO moved [Conceptual] Amendment 1 to Amendment
3, as follows:
On page 2, line 6:
Between "first" and "day"
Insert "scheduled"
CHAIR SEATON clarified that Conceptual Amendment 1 to Amendment
3 would be a conforming amendment that would add "scheduled"
between "first" and "day", wherever the phrase appears
throughout the bill.
9:34:00 AM
CHAIR SEATON asked if there was any objection to Amendment 1 to
Amendment 3. There being none, it was so ordered.
9:34:20 AM
REPRESENTATIVE GRUENBERG clarified his objection to [Amendment
3, as amended].
A roll call vote was taken. Representatives Ramras, Gardner,
Gatto, Elkins, Lynn, and Seaton voted in favor of Amendment 3,
as amended. Representative Gruenberg voted against it.
Therefore, Amendment 3, as amended, was adopted by a vote of 6-
1.
9:36:24 AM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 4, labeled 24-
GH1048\F.1, Kurtz, 2/16/05, which read as follows:
Page 1, line 8, following "systems,":
Insert "qualifications for elected office,"
Page 9, following line 1:
Insert new bill sections to read:
"* Sec. 17. AS 15.25.030(a) is amended to read:
(a) A member of a political party who seeks to
become a candidate of the party in the primary
election shall execute and file a declaration of
candidacy. The declaration shall be executed under
oath before an officer authorized to take
acknowledgments and must state in substance
(1) the full name of the candidate;
(2) the full mailing address of the
candidate;
(3) if the candidacy is for the office of
state senator or state representative, the house or
senate district of which the candidate is a resident,
and that the candidate is registered to vote in that
district;
(4) the office for which the candidate
seeks nomination;
(5) the name of the political party of
which the person is a candidate for nomination;
(6) the full residence address of the
candidate, and the date on which residency at that
address began;
(7) the date of the primary election at
which the candidate seeks nomination;
(8) the length of residency in the state
and in the district of the candidate;
(9) that the candidate will meet the
specific citizenship requirements of the office for
which the person is a candidate;
(10) that the candidate is a qualified
voter as required by law;
(11) that the candidate will meet the
specific age requirements of the office for which the
person is a candidate;
(12) that the candidate requests that the
candidate's name be placed on the primary election
ballot;
(13) that the required fee accompanies the
declaration;
(14) that the person is not a candidate for
any other office to be voted on at the primary or
general election and that the person is not a
candidate for this office under any other declaration
of candidacy or nominating petition;
(15) the manner in which the candidate
wishes the candidate's name to appear on the ballot;
and
(16) that the candidate is registered to
vote as a member of the political party whose
nomination is being sought.
* Sec. 18. AS 15.25.105(a) is amended to read:
(a) If a candidate does not appear on the
primary election ballot or is not successful in
advancing to the general election and wishes to be a
candidate in the general election, the candidate may
file as a write-in candidate. Votes for a write-in
candidate may not be counted unless that candidate has
filed a letter of intent with the director stating
(1) the full name of the candidate;
(2) the full residence address of the
candidate and the date on which residency at that
address began;
(3) the full mailing address of the
candidate;
(4) the name of the political party or
political group of which the candidate is a member, if
any;
(5) if the candidate is for the office of
state senator or state representative, the house or
senate district of which the candidate is a resident,
and that the candidate is registered to vote in that
district;
(6) the office that the candidate seeks;
(7) the date of the election at which the
candidate seeks election;
(8) the length of residency in the state
and in the house district of the candidate;
(9) the name of the candidate as the
candidate wishes it to be written on the ballot by the
voter;
(10) that the candidate meets the specific
citizenship requirements of the office for which the
person is a candidate;
(11) that the candidate will meet the
specific age requirements of the office for which the
person is a candidate by the time that the candidate,
if elected, is sworn into office;
(12) that the candidate is a qualified
voter as required by law; and
(13) that the candidate is not a candidate
for any other office to be voted on at the general
election and that the candidate is not a candidate for
this office under any other nominating petition or
declaration of candidacy.
* Sec. 19. AS 15.25.180(a) is amended to read:
(a) The petition must state in substance
(1) the full name of the candidate;
(2) the full residence address of the
candidate and the date on which residency at that
address began;
(3) the full mailing address of the
candidate;
(4) the name of the political group, if
any, supporting the candidate;
(5) if the candidacy is for the office of
state senator or state representative, the house or
senate district of which the candidate is a resident,
and that the candidate is registered to vote in that
district;
(6) the office for which the candidate is
nominated;
(7) the date of the election at which the
candidate seeks election;
(8) the length of residency in the state
and in the district of the candidate;
(9) that the subscribers are qualified
voters of the state or house or senate district in
which the candidate resides;
(10) that the subscribers request that the
candidate's name be placed on the general election
ballot;
(11) that the proposed candidate accepts
the nomination and will serve if elected, with the
statement signed by the proposed candidate;
(12) the name of the candidate as the
candidate wishes it to appear on the ballot;
(13) that the candidate is not a candidate
for any other office to be voted on at the primary or
general election and that the candidate is not a
candidate for this office under any other nominating
petition or declaration of candidacy;
(14) that the candidate meets the specific
citizenship requirements of the office for which the
person is a candidate;
(15) that the candidate will meet the
specific age requirements of the office for which the
person is a candidate by the time that the candidate,
if elected, is sworn into office;
(16) that the candidate is a qualified
voter; and
(17) if the candidacy is for the office of
the governor, the name of the candidate for lieutenant
governor running jointly with the candidate for
governor."
Renumber the following bill sections accordingly.
Page 21, line 6:
Delete "secs. 20 - 43"
Insert "secs. 23 - 46"
9:37:08 AM
CHAIR SEATON objected for discussion purposes.
9:37:26 AM
REPRESENTATIVE SAMUELS said a candidate who is not registered to
vote "for a year" should have to prove that he/she [has been] a
resident of the district [in which he/she is running] for a
year.
9:39:36 AM
REPRESENTATIVE GATTO directed attention to the language that
Amendment 4 would add [on page 1, lines 14-15], which read, "and
that the candidate is registered to vote in that district". He
suggested that the language specify that the person is "legally
registered to vote."
9:40:13 AM
MS. GLASIER said the division believes that it is sufficient to
say that the person is registered to vote; it means that the
division has checked out that person's registration.
9:41:05 AM
CHAIR SEATON said there's a presumption that if [a candidate]
was a registered voter in the district for a year, he/she is a
legal resident. He offered his understanding that the intent of
[Amendment 4] is not meant to preclude a person whose
registration "is only for 6 months," it just means that that
person would have to go to the Division of Elections and show
"by some other means" that he/she has been a resident of the
district for a full year. Chair Seaton asked Ms. Glasier if she
thinks the proposed language [previously noted by Representative
Gatto] "gets to the intent of the amendment."
9:42:24 AM
MS. GLASIER said she doesn't know if additional language would
then be needed to specify [what the candidate not registered in
the district would have to provide to the division. She offered
further details.
9:43:31 AM
CHAIR SEATON stated concern over the language of Amendment 4 and
suggested that the committee withdraw it and address the issues
surrounding it later.
9:44:49 AM
REPRESENTATIVE GRUENBERG said [Amendment 4] would definitely
place the burden on the candidate. He said Amendment 4 would
require a candidate to be a registered voter at the time he/she
filed for office; however, he said he doesn't think the language
in the constitution requires a candidate to be registered until
the time he/she takes office.
9:46:52 AM
REPRESENTATIVE SAMUELS said, "I don't care if you're a
registered voter one day before you take office; my point of the
amendment is proving the residency." He said he doesn't want
people to move into a district one month before [an election]
and claim to be resident there.
9:48:00 AM
REPRESENTATIVE GRUENBERG withdrew Amendment 4.
9:48:09 AM
CHAIR SEATON announced that HB 94 was heard and held.
HB 98-NONUNION PUBLIC EMPLOYEE SALARY & BENEFIT
9:48:25 AM
CHAIR SEATON announced that the next order of business was HOUSE
BILL NO. 98, "An Act relating to the compensation of certain
public officials, officers, and employees not covered by
collective bargaining agreements; and providing for an effective
date."
9:48:43 AM
MIKE TIBBLES, Deputy Commissioner, Office of the Commissioner,
Department of Administration, presented HB 98 on behalf of the
administration. He described [HB 98] as an equity issue that
will bring the statutory schedule, for those employees in
partially exempt and exempt service, in line with the contracts
negotiated under collective bargaining.
9:50:40 AM
MR. TIBBLES said the Division of Personnel can establish ranges
for particular job classes through a classification process;
however, the dollar amount for a particular range is established
by one of two mechanisms: collective bargaining or the
legislature's adjusting the statutory schedule. The proposed
legislation would do the latter.
9:51:32 AM
MR. TIBBLES told the committee why the bill is so important. He
said there are 11 collective bargaining agreements, and by the
time the end of the three-year contracts are reached, there will
be a 9 percent disparity between the statutory pay schedule and
most of the collective bargaining agreements. He said that is a
big disparity, a morale issue for employees, and certainly does
not provide an incentive for employees to move up into
management positions. Mr. Tibbles stated there are certain
areas that have demonstrated recruitment problems.
9:53:17 AM
REPRESENTATIVE LYNN said he would like Mr. Tibbles to state for
the record whether [HB 98] in any way would effect the
legislators' salaries.
9:53:31 AM
MR. TIBBLES responded that it would not.
9:53:53 AM
CHAIR SEATON said:
On page 3 ..., at the top, where we're saying that the
salary adjustments are -- the employees are entitled
to receive salary adjustments comparable to those of
the classified and partially exempt employee.
CHAIR SEATON asked if it would become a problem "attaching those
two together."
9:54:44 AM
MR. TIBBLES said there are employees in executive and judicial
branches that are not paid [according to] this salary schedule.
He clarified that the bill would apply the same percentage
increases to "those employees" [as] the employees on the
schedule would receive.
9:56:07 AM
MR. TIBBLES, in response to a remark made by Representative
Gatto, explained that "entitled" is standard language regarding
statutory pay increases; it would ensure it's clear that if
there's a 2 percent increase and the employee is not being paid
[according to] the statutory schedule, he/she would be entitled
to receive the same 2 percent.
9:56:30 AM
REPRESENTATIVE GRUENBERG concurred that that is standard
language. He turned to Section 6 and asked if it is standard
language that all [the legislature's] authority concerning the
pay of "nonrepresented" employees in University is delegated
over to the Board of Reagents.
9:57:11 AM
MR. TIBBLES answered, to his knowledge, yes.
9:57:25 AM
REPRESENTATIVE GRUENBERG questioned the constitutionality of
[the legislature's] delegating its authority.
9:57:48 AM
MR. TIBBLES explained that the legislature has authorized the
university to establish its own classification and pay plans.
He noted that [the university] does not operate on "our salary
ranges or steps."
9:58:24 AM
CHAIR SEATON read from a copy of "1991 laws."
9:58:45 AM
REPRESENTATIVE GRUENBERG concluded, "So, there's precedent."
9:58:52 AM
REPRESENTATIVE GARDNER moved to report HB 98 out of committee
with individual recommendations and the accompanying fiscal
notes.
REPRESENTATIVE GARDNER, in response to a request by the chair,
withdrew the motion.
9:59:20 AM
REPRESENTATIVE ELKINS moved Conceptual Amendment 1, to delete
"two" on page 2, line 30, and insert "two[THREE]".
9:59:55 AM
MR. TIBBLES noted that in AS 39.27.011(f), the existing language
does refer to 3 percent; therefore, Conceptual Amendment 1 would
match Legislative Legal and Research Service's drafting style.
10:00:24 AM
CHAIR SEATON asked if there was any objection to Conceptual
Amendment 1.
10:00:44 AM
REPRESENTATIVE GRUENBERG objected, and then removed his
objection.
CHAIR SEATON announced that, there being no further objection,
Conceptual Amendment 1 was adopted.
10:01:00 AM
REPRESENTATIVE GARDNER moved to report HB 98, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes. There being no objection, CSHB 98(STA) was
reported out of the House State Affairs Standing Committee.
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at
10:01:26 AM.
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