01/26/2012 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB247 | |
| SCR11 | |
| HB77 | |
| HB287 | |
| HB77 | |
| HB287 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 247 | TELECONFERENCED | |
| *+ | HB 77 | TELECONFERENCED | |
| + | SCR 11 | TELECONFERENCED | |
| *+ | HB 287 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
January 26, 2012
8:07 a.m.
MEMBERS PRESENT
Representative Bob Lynn, Chair
Representative Wes Keller, Vice Chair
Representative Paul Seaton
Representative Max Gruenberg
Representative Pete Petersen
Representative Kyle Johansen
MEMBERS ABSENT
Representative Peggy Wilson
COMMITTEE CALENDAR
HOUSE BILL NO. 247
"An Act establishing July 30 each year as Alaska National Guard
Day."
- MOVED HB 247 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 11
Designating August 18, 2011, as Walter J. Hickel Day of the
Arctic.
- MOVED HCS SCR 11(STA) OUT OF COMMITTEE
SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 77
"An Act establishing a top two nonpartisan blanket primary
election system for elective state executive and state and
national legislative offices; changing appointment procedures
relating to precinct watchers and members of precinct election
boards, election district absentee and questioned ballot
counting boards, and the Alaska Public Offices Commission;
requiring certain written notices to appear in election
pamphlets and polling places; relating to declarations of
candidacy and letters of intent; and amending the definition of
'political party.'"
- HEARD & HELD
HOUSE BILL NO. 287
"An Act relating to absentee voting."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 247
SHORT TITLE: ALASKA NATIONAL GUARD DAY
SPONSOR(s): REPRESENTATIVE(s) LYNN, THOMPSON, SADDLER
01/17/12 (H) PREFILE RELEASED 1/6/12
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) MLV, STA
01/24/12 (H) MLV AT 1:00 PM CAPITOL 120
01/24/12 (H) Moved Out of Committee
01/24/12 (H) MINUTE(MLV)
01/25/12 (H) MLV RPT 6DP
01/25/12 (H) DP: LYNN, AUSTERMAN, CISSNA, MILLER,
SADDLER, THOMPSON
01/26/12 (H) STA AT 8:00 AM CAPITOL 106
BILL: SCR 11
SHORT TITLE: WALTER HICKEL DAY OF THE ARCTIC
SPONSOR(s): SENATOR(s) FRENCH
04/01/11 (S) READ THE FIRST TIME - REFERRALS
04/01/11 (S) STA
04/12/11 (S) STA RPT 5DP
04/12/11 (S) DP: WIELECHOWSKI, KOOKESH, PASKVAN,
MEYER, GIESSEL
04/12/11 (S) STA AT 9:00 AM BUTROVICH 205
04/12/11 (S) Moved SCR 11 Out of Committee
04/12/11 (S) MINUTE(STA)
04/13/11 (S) BEFORE THE SENATE ON FINAL PASSAGE
04/13/11 (S) TRANSMITTED TO (H)
04/13/11 (S) VERSION: SCR 11
04/14/11 (H) READ THE FIRST TIME - REFERRALS
04/14/11 (H) STA
01/26/12 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 77
SHORT TITLE: NONPARTISAN BLANKET PRIMARY ELECTION
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG, CISSNA, KAWASAKI
01/18/11 (H) PREFILE RELEASED 1/14/11
01/18/11 (H) READ THE FIRST TIME - REFERRALS
01/18/11 (H) STA, JUD
04/12/11 (H) STA AT 8:00 AM CAPITOL 106
04/12/11 (H) Scheduled But Not Heard
01/20/12 (H) SPONSOR SUBSTITUTE INTRODUCED
01/20/12 (H) READ THE FIRST TIME - REFERRALS
01/20/12 (H) STA, JUD
01/26/12 (H) STA AT 8:00 AM CAPITOL 106
BILL: HB 287
SHORT TITLE: ABSENTEE VOTING
SPONSOR(s): REPRESENTATIVE(s) GRUENBERG
01/17/12 (H) READ THE FIRST TIME - REFERRALS
01/17/12 (H) STA, JUD
01/26/12 (H) STA AT 8:00 AM CAPITOL 106
WITNESS REGISTER
LIEUTENANT GENERAL CRAIG E. CAMPBELL
(No address provided)
POSITION STATEMENT: Testified as a retired member of the Alaska
National Guard in support of HB 247.
JIM KALLANDER, Mayor
City of Cordova
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 247.
MARK LYNCH, City Manager
City of Cordova
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 247.
TIM JOYCE
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 247.
JENNIFER GIBBONS
Cordova Times
Cordova, Alaska
POSITION STATEMENT: Testified in support of HB 247.
SENATOR HOLLIS FRENCH
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as sponsor of SCR 11.
NILS ANDREASSEN, Managing Director
Institute of the North
Anchorage, Alaska
POSITION STATEMENT: Testified in support of SCR 11.
GAIL FENUMIAI
Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
SSHB 77.
LIBBY BAKALAR, Assistant Attorney General
Labor and State Affairs Section
Civil Division (Juneau)
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on
SSHB 77.
LIBBY BAKALAR, Assistant Attorney General
Labor and State Affairs Section
Civil Division (Juneau)
Department of Law (DOL)
Juneau, Alaska
POSITION STATEMENT: Provided feedback during the hearing on HB
287.
GAIL FENUMIAI
Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
287.
REPRESENTATIVE SHARON CISSNA
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Testified as joint prime sponsor of SSHB
77.
ACTION NARRATIVE
8:07:30 AM
CHAIR BOB LYNN called the House State Affairs Standing Committee
meeting to order at 8:07 a.m. Representatives Keller, Seaton,
Johansen, Petersen, and Lynn were present at the call to order.
Representative Gruenberg arrived as the meeting was in progress.
HB 247-ALASKA NATIONAL GUARD DAY
8:08:22 AM
CHAIR LYNN announced that the first order of business was HOUSE
BILL NO. 247, "An Act establishing July 30 each year as Alaska
National Guard Day."
CHAIR LYNN, as joint prime sponsor, introduced HB 247. He
lauded the National Guard for the work it has done and continues
to do. He noted that the National Guard had recently help the
City of Cordova, when that community experienced a particularly
heavy and sustained snow fall. Chair Lynn read headlines from
various news reports related to the National Guard. He said the
following words are associated with the National Guard: assist,
deploy, perform, help, perform, rescue, save, and serve. He
said the National Guard has a presence in over 75 communities
throughout Alaska and, since 2003, has deployed approximately
1,500 overseas during Operation Iraqi Freedom and Operation
Enduring Freedom in Afghanistan. Chair Lynn said the proposed
legislation would recognize the value and dedication of the
National Guard in its role in the viability, economy, security,
and overall well-being of Alaska and the United States, by
creating National Guard Day on July 30 of each year. He relayed
that July 30 is the day on which, in 1948, the National Guard
was recognized by U.S. Congress.
8:12:45 AM
LIEUTENANT GENERAL CRAIG E. CAMPBELL testified as a retired
member of the Alaska National Guard in support of HB 247. He
read excerpts from his written testimony (included in the
committee packet), which he had previously presented to the
House Special Committee on Military and Veterans' Affairs. He
related that the National Guard is the oldest component of the
armed forces in the U.S., first organized as the militia by
decree in Massachusetts in 1636. The National Guard is the only
military service in the U.S. with both a federal and state role;
those in the guard are under the direction of the governor of
their state of residence until such times as they may be called
upon by the President of the United States. He said today there
are over half a million members of the National Guard in the
U.S.
8:16:51 AM
LIEUTENANT GENERAL CAMPBELL talked about the history of the
National Guard in Alaska. He said former Governor Ernest
Gruening initiated formal actions to have a National Guard in
the Territory of Alaska in 1939. Soon thereafter, the U.S. was
at war, and the 297th Infantry Battalion was established, which
was the beginning of the Army National Guard in Alaska.
Governor Gruening also established the Alaska Territorial Guard,
which had over 6,600 members, mostly Alaska Native. In 2000,
then Senator Ted Stevens introduced a bill finally recognizing
the members of the Territorial National Guard. By 1952, he
said, Alaska had both an Army and Air National Guard.
LIEUTENANT GENERAL CAMPBELL said about 70 percent of those in
the National Guard serves part-time and holds civilian jobs
around the state; they volunteer their services when needed by
the state or the federal government. He said since 2003,
members of the Alaska National Guard have deployed to a number
of places around the world, including: Iraq, Afghanistan,
Kuwait, Qatar, Bahrain, Kosovo, the Horn of Africa, Pakistan,
and Kyrgyzstan. Further, the National Guard offers humanitarian
relief and has responded following global natural disasters in
Japan and Haiti, and after domestic disasters, including
Hurricane Katrina and Hurricane Irene. Lieutenant General
Campbell pointed out that the Alaska National Guard also
conducts Operation Santa Clause and conducts arctic care
missions to villages. He opined that it would be appropriate to
recognize July 30 each year as Alaska National Guard Day, and he
asked the committee to support HB 247.
8:20:59 AM
JIM KALLANDER, Mayor, City of Cordova, testified in support of
HB 247. He said he declared a disaster in the City of Cordova
after determining the city's health and safety was threatened by
the amount of snowfall it was experiencing. He said he called
the Alaska Department of Homeland Security, and the National
Guard arrived in the City of Cordova just in time to help.
Mayor Kallander said the storm compromised the infrastructure of
many homes. He said members of the guard were Alaskan and
"carried the Alaska spirit," and the community was grateful.
8:23:16 AM
MARK LYNCH, City Manager, City of Cordova, testified in support
of HB 247. He said when the emergency occurred, the residents
of the City of Cordova had already been shoveling snow for
several weeks and working hard to protect their property. He
said in a period of two to three weeks, the city had received an
amount of snow that would exceed the normal snowfall for an
entire season. People were worn out and unable to keep up. He
said there is no doubt that the city would have lost additional
buildings if the National Guard had not come to its aid, and he
ventured lives possibly could have been lost in those buildings.
He said the city is thankful for what the National Guard did,
and he stated his support of HB 247 as a way to recognize the
National Guard for its service to the state and the nation.
8:25:17 AM
TIM JOYCE testified in support of HB 247. He said he was a
former mayor of the City of Cordova, and he was working as the
public information officer during the recent snow emergency. He
stated that he can attest the disaster would have been much
worse without the intervention of the National Guard. He said
words alone cannot express the gratitude felt for the National
Guard. He posited that it is appropriate that the State of
Alaska recognizes the National Guard on the date of the founding
of that entity. Mr. Joyce pointed out that the employers of
those in the National Guard are unsung heroes, because they
allow their employees to take off from work to meet the call of
the National Guard, which can put a strain on their businesses.
He offered his understanding that the City of Cordova is unified
in its support of the proposed legislation.
8:27:14 AM
JENNIFER GIBBONS, Cordova Times, testified in support of HB 247.
She described the moment she realized that the snow storm had
reached a tipping point, when roofs were starting to collapse.
She said the arrival of the National Guard was not only a
physical relief, but also a mental boost. She said National
Guard members expressed appreciation for the opportunity to help
divert greater disaster. She concurred with the City Manager
that lives may have been lost without the help of the National
Guard, and she said the National Guard is a great example of
volunteerism and "high service ethic." She opined that it is
important to recognize and encourage that.
8:30:57 AM
CHAIR LYNN invited further legislators to co-sponsor HB 247.
8:31:03 AM
REPRESENTATIVE PETERSEN, as co-sponsor of HB 247, offered
information as to how a person could join the National Guard.
8:31:48 AM
REPRESENTATIVE KELLER noted that he belonged to the National
Guard in the 1970s and proudly supports the proposed
legislation.
8:32:21 AM
REPRESENTATIVE KELLER moved to report HB 247 out of committee
with individual recommendations and the accompanying fiscal
notes. There being no objection, HB 247 was reported out of the
House State Affairs Standing Committee.
8:32:53 AM
The committee took an at-ease from 8:33 a.m. to 8:34 a.m.
SCR 11-WALTER HICKEL DAY OF THE ARCTIC
8:34:50 AM
CHAIR LYNN announced that the next order of business was SENATE
CONCURRENT RESOLUTION NO. 11, Designating August 18, 2011, as
Walter J. Hickel Day of the Arctic.
8:35:13 AM
REPRESENTATIVE KELLER moved to adopt the proposed House
committee substitute (HCS) for SCR 11, Version 27-LS0774\M,
Wayne, 1/20/12, as a work draft. There being no objection,
Version M was before the committee.
8:35:44 AM
SENATOR HOLLIS FRENCH, Alaska State Legislature, as sponsor,
said SCR 11 would establish August 18, 2012, as Walter J. Hickel
Day of the Arctic. He noted that August 18 is former Governor
Hickel's birthday. Senator French stated that Governor Hickel
was an influential proponent of statehood, was Alaska's second
governor in 1966, and appointed Ted Stevens to the U.S. Senate.
He said Governor Hickel resigned from his post as Secretary of
the Interior before getting fired by then President Nixon for
having "pushed back against President Nixon in a remarkable
display of conscience and forward thinking." Senator French
noted that Governor Hickel served again as governor in 1990, and
he was a highly successful businessman in Anchorage.
8:37:42 AM
SENATOR FRENCH read an excerpt from former Governor Hickel's
book, Crisis In The Commons: The Alaska Solution, as follows:
If you or I were to travel the world's great open
resource regions, too often we would see poor people
living on rich land, and many of these lands are
commons. We the people of this world own most of the
planet in common. Our future depends on learning to
use and develop this commons for the good of the total
and not just for the few. Here in the Far North we
built a new state based on that concept. It's the
only place like it. The Alaskan people, through our
state government, won ownership of much of our land
and our natural resources. Using neither classic
capitalism nor socialism, we have developed a new way
to prosperity based on common ownership and rooted in
constitutional democracy. We Alaskans have often
disagreed among ourselves. We have fought over our
personal visions, ambitions, and interests, but our
land came first; it was so much bigger than any one
person. The land welded us into one people and
brought a new kind of state into the world: a state
powered democratically by its commonly owned natural
resources.
CHAIR LYNN said he has been inspired by former Governor Hickel.
8:39:44 AM
SENATOR FRENCH, in response to Representative Gruenberg, said
Version M changes the date proposed as Walter J. Hickel Day of
the Arctic from [August 18, 2011], which has already passed, to
August 18, 2012, and he confirmed that he supports that change.
In response to another question, he told about Governor Hickel's
perseverance in building hotels after the 1964 earthquake that
devastated Anchorage, even though others discouraged him from
doing so.
REPRESENTATIVE GRUENBERG related details illustrating Governor
Hickel's involvement in revamping Alaska's court system from one
involved in scandal to one of the finest in the country.
8:43:33 AM
REPRESENTATIVE JOHANSEN, regarding the previously read excerpt,
indicated that during Ketchikan's pulp mill battles, its
citizens were frustrated by outside interests claiming equal
ownership in the forests surrounding Ketchikan. He asked
Senator French what he thinks Governor Hickel meant in terms of
common ownership of state resources.
8:45:02 AM
SENATOR FRENCH responded that the question is a good one, but
said he will not speak for the governor. He pointed out that
throughout his life, Governor Hickel had "fascinating chapters
of extreme pro-development," such as the Hickel Highway to the
North Slope, which turned out to be an ecological disaster.
Conversely, he noted that following the oil spill off the coast
of Santa Barbara, he had a hand in finding the legal tools to
shut down all off-shore drilling in waters that touched the
United States. He said he does not know what Governor Hickel's
views were concerning the Southeast forests, and he indicated
that he understands the frustration of those in Ketchikan,
because "it's your livelihood." He said he thinks that Governor
Hickel was a pro-development person who knew that resources
should be used beneficially, and he surmised that Governor
Hickel would not ever have stood in the way of "a wise use of
the land." In response to a follow-up question, he stated:
To the extent that my views are relevant to the Walter
Hickel resolution that you have in front of you, I
would say that if it's a state resource, we own it in
common, and we develop that resource through this
process right here, and try to allocate the resources
as wisely as we can through the political process.
REPRESENTATIVE JOHANSEN stated his support for the proposed
legislation.
8:47:18 AM
REPRESENTATIVE KELLER told committee members that he knows
people who served as Governor Hickel's cabinet staff during his
second term, and they were supported by the former governor.
8:48:09 AM
REPRESENTATIVE PETERSEN shared that he had read a book by
Governor Hickel, which influenced his later decision to move to
Alaska. He stated his support of the proposed legislation.
8:49:06 AM
REPRESENTATIVE SEATON opined that Governor Hickel's concept of
the owner state has been vital in the development of Alaska. He
further related that he has attended several Institute of the
North meetings, which are nonpartisan, including a policy trip
to Norway, to expand vision and have a good background for
decision making. He expressed his appreciation for the proposed
legislation.
8:50:49 AM
NILS ANDREASSEN, Managing Director, Institute of the North,
stated that a hero's measure of greatness is found not
necessarily in what he/she has done, but in what he/she has
inspired in others. He posited that Governor Hickel lived a
life of greatness, and he will live on through the proposed
legislation. He listed the following values: fearlessness,
indomitability, imagination, unswerving passion for and
commitment to the people of Alaska, and belief that it is
possible to change the world with an idea.
MR. ANDREASSEN highlighted some recent developments in the
North: settlement of a 40-year dispute between Russia and
Norway over a large portion of the Bering Sea; Norway announced
two of the largest finds in its history in its portion; Canada
recently released its Northern strategy, reaffirming the U.S. as
a premier partner; a U.S. Secretary of State has, for the first
time, attended an Arctic Council meeting; China is building its
first ice breaker; gas has been found off the coast of
Greenland; and shipments to the Northern Sea route and the
Bering Strait are increasing. Mr. Andreassen said clearly the
Arctic is central to global affairs, and Alaska is America's
Arctic.
MR. ANDREASSEN stated his support in the proposed legislation,
and suggested that Walter J. Hickel Day of the Arctic could
remind the world that Alaskans have a voice in the decision-
making taking place at international levels.
8:53:12 AM
REPRESENTATIVE KELLER moved to report HCS SCR 11, Version 27-
LS0774\M, Wayne, 1/20/12, out of committee with individual
recommendations and the accompanying zero fiscal note. There
being no objection HCS SCR 11(STA) was reported out of the House
State Affairs Standing Committee.
8:53:32 AM
The committee took an at-ease from 8:53 a.m. to 8:56 a.m.
HB 77-NONPARTISAN BLANKET PRIMARY ELECTION
8:56:29 AM
CHAIR LYNN announced that the next order of business was SPONSOR
SUBSTITUTE FOR HOUSE BILL NO. 77, "An Act establishing a top two
nonpartisan blanket primary election system for elective state
executive and state and national legislative offices; changing
appointment procedures relating to precinct watchers and members
of precinct election boards, election district absentee and
questioned ballot counting boards, and the Alaska Public Offices
Commission; requiring certain written notices to appear in
election pamphlets and polling places; relating to declarations
of candidacy and letters of intent; and amending the definition
of 'political party.'"
8:56:43 AM
REPRESENTATIVE GRUENBERG, as joint prime sponsor, introduced
SSHB 77. He said in the early days of statehood, Alaska used
the black line primary ballot, which he explained was a ballot
listing all Republican candidates on one side of the black line
and all Democratic candidates on the other side. Voters could
vote for anyone they chose, as long as they did not cross the
black line. He said that system has come to be known as a
classic open primary. One of the first bills passed by former
Governor Hickel initiated an open primary, which Representative
Gruenberg said was really a blanket primary, in which every
voter could vote for any name on the ballot, regardless of
political affiliation.
9:00:19 AM
REPRESENTATIVE GRUENBERG said most Alaskans highly prize the
right to vote for any candidate, and they had that right until
about 1990, when a former member of the legislature came up with
the theory that the Republicans had a right to close their
primary, which happened by court rule. In approximately 1993, a
man named, Mike O'Callaghan, challenged that court rule in a
case that went up to the Alaska Supreme Court. Representative
Gruenberg deferred further comment to Gail Fenumiai, the
director of the Division of Elections.
9:04:52 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, in response to questions, said she is
familiar with SSHB 77 and does not anticipate problems
implementing the proposed law. She related the fiscal note
reflects the reduction in the number of ballots that would have
to be printed during a primary election, resulting in cost
savings of about $34,000 each primary election. She said the
provision in SSHB 77 that would require signage posted, which
would state that designating party preference is a personal
preference, would not create substantial cost to implement,
because the division already posts information in each booth,
and information could be added to that poster. Furthermore, she
responded that she does not see a one-ballot primary style
causing the division any difficulty.
9:09:28 AM
MS. FENUMIAI, in response to Representative Seaton, said the 30-
day requirement language on page 8, [lines 12-24], is existing
language in AS 15.20.190(a). She said the new language in the
bill addresses how candidates would advance to the general
election ballot.
REPRESENTATIVE SEATON asked a question related to the timing of
primary and special elections and how that would affect the
division.
MS. FENUMIAI responded that she had received SSHB 77 late the
previous night, and she requested time in which to research an
answer for Representative Seaton.
9:11:29 AM
LIBBY BAKALAR, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Juneau), in response to
Representative Gruenberg, said she has reviewed the following
U.S. Supreme Court cases: Washington State Grange v. Washington
State Republican Party and California Democratic Party v. Jones.
She stated that to the extent the proposed legislation is
similar to the Washington State Grange case, it would survive a
facial First Amendment federal challenge.
9:13:49 AM
REPRESENTATIVE SEATON noted that there is language on page 18 of
the proposed legislation, which he said seems to eliminate no-
party candidates in the general election. He asked if that
would have legal implications for Alaska.
9:14:37 AM
MS. BAKALAR responded that she is not prepared to answer at this
time, but offered to get back to the committee with an answer.
REPRESENTATIVE SEATON requested an analysis from the Department
of Law (DOL).
MS. BAKALAR, in response to Chair Lynn, indicated that she would
be able to provide the analysis.
9:15:14 AM
REPRESENTATIVE GRUENBERG said he would invite Alpheus Bullard,
the bill drafter, to be present to answer questions, if the bill
was heard again by the committee.
9:15:47 AM
REPRESENTATIVE JOHANSEN said he thinks the constitutional issues
being discussed should be vetted in the House Judiciary Standing
Committee.
REPRESENTATIVE GRUENBERG, in response to Representative
Johansen, confirmed that currently, a registered Republican
cannot vote the Democrat primary ballot and a registered
Democrat cannot vote the Republican primary ballot. He
continued as follows:
Anybody can vote in ... the open ballot, even if
you're a Republican. If you're a member of another
party, you cannot vote in the Republican ballot; you
can't go back and forth. The Republican can ...
choose one or the other; if you're a member of another
party, you cannot choose the Republican ballot.
REPRESENTATIVE JOHANSEN asked who decides whether or not
undeclared or nonpartisan voters can vote in the Republican
primary.
REPRESENTATIVE GRUENBERG answered that it was the Republican
Party that made the rule that allows nonpartisan and undeclared
voters to choose one or the other ballot. In response to a
follow-up question, he confirmed that the Democratic Party could
make the same decision; political parties have a constitutional
right to do so. In response to a follow-up comment, he
confirmed that in the general election, any [registered voter]
can vote for any candidate on the ballot.
REPRESENTATIVE JOHANSEN asked if someone not affiliated with a
party can file for election and run for State House.
REPRESENTATIVE GRUENBERG answered yes.
REPRESENTATIVE JOHANSEN asked if anyone can vote for that person
in any election.
REPRESENTATIVE GRUENBERG said he would need to ask Ms. Fenumiai
to answer that question.
REPRESENTATIVE JOHANSEN questioned why the joint sponsors of
SSHB 77 would not want to allow a political party to control who
is going to represent them. He said he does not understand the
basic motivation for the proposed legislation.
9:20:45 AM
REPRESENTATIVE GRUENBERG responded as follows:
The primary election determines who will represent the
party. This changes it into a nonpartisan primary.
The reason for that ... is because that's the only ...
legal way to have a truly open ballot under the First
Amendment right of association of the party. The two
U.S. Supreme Court cases ... read together stand for
the proposition that if the primary determines who the
top vote getter for the Republicans and the top vote
getter for the Democrats are - if that's the way it's
set up - the parties have a constitutional right to
determine the method of electing their
representatives. Only if the primary election is
nonpartisan can everybody get a ballot and vote back
and forth whoever they want to. In that case, it is
no longer a creature of the party, but it's a creature
of the people. And our goal here ... is to restore to
the greatest possible extent the right of the people
to vote for anybody they want to. ... The reason for
that is because many races are decided in the primary.
REPRESENTATIVE GRUENBERG concluded that the joint sponsors
believe it is the right of the people to have that choice in
their hands and that to give them that choice is constitutional.
He noted that 60 percent voted in favor of this legislation in
California.
9:24:27 AM
REPRESENTATIVE JOHANSEN observed that while this is a subject
that is being touted as nonpartisan, in the last fifteen
minutes, there have been press releases and Twitter and Facebook
references to "this" as being "a huge priority of the
AlaskaDemocrats.com."
REPRESENTATIVE GRUENBERG said he was not aware that the
Democratic Party had taken a position [on this issue].
9:25:20 AM
CHAIR LYNN announced that SSHB 77 would be set aside.
HB 287-ABSENTEE VOTING
9:25:27 AM
CHAIR LYNN announced that the next order of business was HOUSE
BILL NO. 287, "An Act relating to absentee voting."
9:25:38 AM
REPRESENTATIVE GRUENBERG, as sponsor, stated that the purpose of
HB 287 is to make it easier for people to get mail-in absentee
ballots. He noted that he would be offering an amendment to
delete Section 1; therefore, he asked Ms. Bakalar and Ms.
Fenumiai to ignore that section when commenting on the proposed
legislation.
9:26:54 AM
LIBBY BAKALAR, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Juneau), stated that although
she does not, at first look, see any constitutional issues
within HB 287, she would prefer to respond in writing to any
specific questions regarding constitutionality.
REPRESENTATIVE GRUENBERG said he hopes that the committee does
not vote on HB 287 today.
9:28:46 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, in response to Representative Gruenberg,
said the division does not anticipate any problems implementing
the proposed legislation, as written. She said the division
currently allows military and overseas voters to extend their
absentee by-mail applications for two general elections; HB 287
would allow that opportunity for all voters. The act of casting
an absentee by-mail ballot would then extend the application for
two years from the date that that ballot was cast.
9:29:54 AM
CHAIR LYNN announced that HB 287 was set aside.
HB 77-NONPARTISAN BLANKET PRIMARY ELECTION
9:29:58 AM
CHAIR LYNN announced that the committee would return to
discussion of SPONSOR SUBSTITUTE FOR HOUSE BILL NO. 77, "An Act
establishing a top two nonpartisan blanket primary election
system for elective state executive and state and national
legislative offices; changing appointment procedures relating to
precinct watchers and members of precinct election boards,
election district absentee and questioned ballot counting
boards, and the Alaska Public Offices Commission; requiring
certain written notices to appear in election pamphlets and
polling places; relating to declarations of candidacy and
letters of intent; and amending the definition of 'political
party.'"
9:30:35 AM
REPRESENTATIVE SHARON CISSNA, Alaska State Legislature, as joint
prime sponsor of HB 77, said in the 1990s, she was the
Democratic co-chair alongside a Republican co-chair of Alaskan
Voters for an Open Primary (AVOP), and Representative Gruenberg
was the group's attorney. She said she witnessed the numbers of
people in the 1990s crying for the right to express the
independence of Alaskans. She said recently she has been
hearing a constant request for an open primary. She related
that some of her constituents have switched parties in order to
vote on the closed ballot in primaries to shift the outcomes.
She said, "It really works straight against what maybe a
majority wants." She opined that an open primary would
represent the people.
9:35:05 AM
CHAIR LYNN said he thinks bills related to elections are the
purview of the House State Affairs Standing Committee, and it is
not uncommon for any bill heard by the committee to "wander into
the purview of other committees ...."
9:35:38 AM
REPRESENTATIVE PETERSEN said he has been contacted by
constituents angry that they were being restricted in terms of
which ballot they could use, and those constituents did not want
to switch parties to vote the other ballot. He echoed the
previous remark that Alaskans are independent in how they
register and vote, and they do not like to be restricted in any
way. He relayed that several of his constituents have told him
that they do not vote in the primary election anymore, because
their selection has been restricted. He opined that it is
important to get voters to the polls, not only in the general
election, but also in the primary election.
9:37:30 AM
REPRESENTATIVE CISSNA, in response to Representative Johansen,
said the Republican co-chair for the aforementioned AVOP was
Bonnie Jack.
9:38:16 AM
REPRESENTATIVE GRUENBERG, in response to Representative
Johansen, offered an historical background regarding the
aforementioned AVOP court case. He mentioned Washington and
California as two states that have led the way in open primary
legislation.
9:44:54 AM
REPRESENTATIVE SEATON offered his understanding that the problem
that SSHB 77 tries to address is a situation in which two
candidates from one party end up running for an office. If, for
example, the candidates are both Republican, then a person who
votes a Democratic primary ballot will not have any say. He
said that has been a frustration that some of the people in his
district have expressed. He said he understands the issue, but
said he is not sure this is the way to [resolve it].
CHAIR LYNN ventured the debate is that political parties have
the right to choose their own representatives without people who
are not part of that party "getting into the mix."
9:47:33 AM
CHAIR LYNN announced that SSHB 77 was held over.
HB 287-ABSENTEE VOTING
9:47:45 AM
CHAIR LYNN announced that the final order of business was the
return to discussion of HOUSE BILL NO. 287, "An Act relating to
absentee voting."
9:48:50 AM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 1, to delete
Section 1 of SSHB 77.
REPRESENTATIVE JOHANSEN and KELLER objected.
REPRESENTATIVE GRUENBERG explained that the intent of Section 1
was to help obtain information about people who would not be
entitled to receive a permanent fund dividend (PFD). However,
the director of the Alaska Permanent Fund Division, Deborah
Bitney, wrote the following in a memorandum dated January 19,
2012 [included in the committee packet]:
I appreciate your interest in assisting the division
with our audit process, but don't see this particular
approach producing the desired result.
REPRESENTATIVE GRUENBERG said he would like to strike Section 1
to keep the bill simple.
9:50:04 AM
REPRESENTATIVE JOHANSEN removed his objection. [The objection
stated by Representative Keller was treated as removed.] There
being no further objection, Amendment 1 was adopted.
CHAIR LYNN announced that HB 287 was held over.
9:51:06 AM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 9:51
a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 04 HB077-OOG-DOE-1-22-12.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 77 |
| 01 SCR 11 - Bill.PDF |
HSTA 1/26/2012 8:00:00 AM |
SCR 11 |
| 02 CS for SCR 11 27-LS0774 Version M STA.pdf |
HSTA 1/26/2012 8:00:00 AM |
SCR 11 |
| 03 UPDATED SPONSOR STATEMENT SCR 11 2012 Sponsor Statement.pdf |
HSTA 1/26/2012 8:00:00 AM |
SCR 11 |
| 04 SCR 11 - Day of the Arctic Article.pdf |
HSTA 1/26/2012 8:00:00 AM |
SCR 11 |
| 05 SCR 11 - Iceland Letter.pdf |
HSTA 1/26/2012 8:00:00 AM |
SCR 11 |
| 06 SCR 11 Fiscal Note 1-24-2012.pdf |
HSTA 1/26/2012 8:00:00 AM |
SCR 11 |
| 1 HB0247A Copy of Bill.PDF |
HSTA 1/26/2012 8:00:00 AM |
HB 247 |
| 2 HB 247 Sponsor Statement.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 247 |
| 3 HB 247 Relevant Statutes.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 247 |
| 4 HB 247 Guard article.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 247 |
| 5 HB 247 Guard State Press Releases.PDF |
HSTA 1/26/2012 8:00:00 AM |
HB 247 |
| 6 HB247-DOA-FAC-1-21-12.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 247 |
| 7 HB247 MLV Fiscal Note.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 247 |
| 01 HB 287 Version B (1).pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 287 |
| 02 HB 287 Sponsor Statement.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 287 |
| 03 HB 287 Sectional Summary.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 287 |
| 04 HB287-OOG-DOE-1-22-12.pdf |
HSTA 1/26/2012 8:00:00 AM |
HB 287 |