Legislature(2009 - 2010)BELTZ 105 (TSBldg)

02/02/2010 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SJR 21 CONST. AM: INCREASE NUMBER OF LEGISLATORS TELECONFERENCED
Moved SJR 21 Out of Committee
*+ SB 92 U.S. PRESIDENTIAL ELECTION COMPACT TELECONFERENCED
Moved SB 92 Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
            SENATE STATE AFFAIRS STANDING COMMITTEE                                                                           
                        February 2, 2010                                                                                        
                           8:59 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Senator Linda Menard, Chair                                                                                                     
Senator Kevin Meyer, Vice Chair                                                                                                 
Senator Hollis French                                                                                                           
Senator Albert Kookesh                                                                                                          
Senator Joe Paskvan                                                                                                             
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE JOINT RESOULTION NO. 21                                                                                                  
Proposing amendments to  the Constitution of the  State of Alaska                                                               
relating to and increasing the number  of members of the house of                                                               
representatives to forty-eight  and the number of  members of the                                                               
senate to twenty-four.                                                                                                          
     MOVED SJR 21 OUT OF COMMITTEE                                                                                              
                                                                                                                                
SENATE BILL NO. 92                                                                                                              
"An Act  ratifying an interstate  compact to elect  the President                                                               
and  Vice-President  of the  United  States  by national  popular                                                               
vote; and  making related changes  to statutes applicable  to the                                                               
selection by voters of electors  for candidates for President and                                                               
Vice- President of  the United States and to the  duties of those                                                               
electors."                                                                                                                      
     MOVED SB 92 OUT OF COMMITTEE                                                                                               
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SJR 21                                                                                                                  
SHORT TITLE: CONST. AM: INCREASE NUMBER OF LEGISLATORS                                                                          
SPONSOR(s): COMMUNITY & REGIONAL AFFAIRS                                                                                        
                                                                                                                                
04/09/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
04/09/09       (S)       STA, JUD, FIN                                                                                          
02/02/10       (S)       STA AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
BILL: SB  92                                                                                                                  
SHORT TITLE: U.S. PRESIDENTIAL ELECTION COMPACT                                                                                 
SPONSOR(s): DAVIS                                                                                                               
                                                                                                                                
02/02/09       (S)       READ THE FIRST TIME - REFERRALS                                                                        
02/02/09       (S)       STA, JUD, FIN                                                                                          
02/02/10       (S)       STA AT 9:00 AM BELTZ 105 (TSBldg)                                                                      
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR DONALD OLSON                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of SJR 21.                                                                                       
                                                                                                                                
DAVE GRAY                                                                                                                       
Aide to Senator Hoffman                                                                                                         
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information on SJR 21.                                                                          
                                                                                                                                
Gordon Harrison                                                                                                                 
Representing himself                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Supported SJR 21.                                                                                        
                                                                                                                                
PAM VARNI, Executive Director                                                                                                   
Legislative Affairs Agency (LAA)                                                                                                
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information on SJR 21.                                                                          
                                                                                                                                
SENATOR BETTYE DAVIS                                                                                                            
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Sponsor of SB 92.                                                                                        
                                                                                                                                
QUINN KENDALL                                                                                                                   
Aide to Senator Davis                                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Provided information on SB 92.                                                                           
                                                                                                                                
TOM OBERMEYER                                                                                                                   
Aide to Senator Davis                                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT: Provided information on SB 92.                                                                            
                                                                                                                                
PAT ROSENSTIEL                                                                                                                  
National Popular Vote                                                                                                           
Alaska State Capitol                                                                                                            
Juneau, AK                                                                                                                      
POSITION STATEMENT:  Supported SB 92.                                                                                         
                                                                                                                                
LARRY SOKOL                                                                                                                     
National Popular Vote                                                                                                           
POSITION STATEMENT:  Supported SB 92.                                                                                         
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
8:59:12 AM                                                                                                                    
CHAIR  LINDA  MENARD called  the  Senate  State Affairs  Standing                                                             
Committee meeting to  order at 8:59 a.m.  Present  at the call to                                                               
order were  Senators French, Paskvan and  Menard. Senator Kookesh                                                               
joined one minute later.                                                                                                        
                                                                                                                                
                                                                                                                                
        SJR 21-CONST. AM: INCREASE NUMBER OF LEGISLATORS                                                                    
                                                                                                                                
8:59:47 AM                                                                                                                    
CHAIR MENARD announced  that the first order of  business to come                                                               
before the committee was SJR 21.                                                                                                
                                                                                                                                
SENATOR OLSON, sponsor  of SJR 21, said the  resolution would put                                                               
a constitutional amendment before the  voters in the 2010 general                                                               
election  to  increase  the  size  of  the  legislature  by  four                                                               
senators and  eight representatives.  In the  last 50  years, the                                                               
state  population has  more than  doubled and  state revenue  has                                                               
changed  significantly.  He  referred  to  Table  2,  "Population                                                               
Trends   for  Election   Districts  in   2010,"  comparing   each                                                               
district's  current  population  with  a  forecast  of  how  each                                                               
district's population will change if no action is taken.                                                                        
                                                                                                                                
9:02:07 AM                                                                                                                    
SENATOR MEYER joined the meeting.                                                                                               
                                                                                                                                
SENATOR  OLSON   referred  to  the   far  right   column  labeled                                                               
"Difference  from Average"  on the  first page  of the  table and                                                               
pointed  out the  significant negative  numbers  for Districts  1                                                               
through 5.  He referred to  the second  page and the  decrease in                                                               
population as it affects Northwest  Alaska. Redistricting will be                                                               
dramatic after the 2010 census.                                                                                                 
                                                                                                                                
SENATOR   OLSON   said   those   involved   in   performing   the                                                               
redistricting must also satisfy  federal guidelines and the Voter                                                               
Rights Act of 1965 when dealing with large minority populations.                                                                
                                                                                                                                
9:05:18 AM                                                                                                                    
SENATOR OLSON reiterated that it  is not just Alaska's population                                                               
that  has   changed,  but  also  its   demography  and  financial                                                               
situation. The  1960 fiscal  year had a  budget of  $104 million;                                                               
today  the  budget  is  $11   billion  and  the  same  number  of                                                               
legislators decides  where the money  goes under pressure  from a                                                               
90-day session. Some people in  villages feel their needs are not                                                               
being addressed because there are  so few legislators compared to                                                               
the  population. He  pointed out  that a  number of  other states                                                               
have increased the size of their legislatures.                                                                                  
                                                                                                                                
CHAIR MENARD  asked Senator Olson  to read the last  paragraph of                                                               
his sponsor statement.                                                                                                          
                                                                                                                                
SENATOR  OLSON referred  to his  sponsor statement,  stating that                                                               
between 1960 and  2006, 29 states have changed the  size of their                                                               
legislative  body. For  the nine  states  with small  populations                                                               
similar  to  Alaska's  -  between 500,000  and  1,500,000  -  the                                                               
average size of their legislative bodies is 134.                                                                                
                                                                                                                                
9:07:29 AM                                                                                                                    
DAVE GRAY,  aide to  Senator Hoffman, said  that the  urban areas                                                               
are also  affected by  population changes  taking place  in rural                                                               
areas. [Mr. Gray referred to large  maps on the wall.] He pointed                                                               
out  the significant  districting changes  that have  taken place                                                               
since 1984.                                                                                                                     
                                                                                                                                
9:10:19 AM                                                                                                                    
MR. GRAY said changes to  large rural districts impact urban area                                                               
representation too, such as the MatSu Borough and Kenai.                                                                        
                                                                                                                                
CHAIR MENARD pointed out that  Senator Kookesh's business card is                                                               
a good  visual illustration  for the huge  size of  his district:                                                               
his district  is colored in  on a map of  Alaska and is  half the                                                               
state.                                                                                                                          
                                                                                                                                
MR.  GRAY said  that  with the  2010 census  underway  this is  a                                                               
timely issue. The  approval of this legislation  could impact the                                                               
reapportionment   board's   decisions   as  opposed   to   making                                                               
criticisms after redistricting.  SJR 21 tries to  be proactive in                                                               
divvying up  the state  equally. He pointed  out that  under this                                                               
legislation,  the  Bush  districts   would  stay  the  same.  New                                                               
representatives would probably be from urban areas.                                                                             
                                                                                                                                
9:12:46 AM                                                                                                                    
SENATOR KOOKESH  asked if the  overall impact of  this resolution                                                               
would  be the  decrease from  15,000 to  13,000 people  per House                                                               
seat.                                                                                                                           
                                                                                                                                
SENATOR OLSON  said some  Alaska House  districts are  already at                                                               
13,000  and  SJR 21  attempts  to  ensure equitable  distribution                                                               
throughout the state related to the population.                                                                                 
                                                                                                                                
SENATOR  OLSON  said he  has  the  advantage  of having  only  54                                                               
communities in  his district. Though it  is large, he said  he is                                                               
centrally located and can fly to  his villages. But he noted that                                                               
Senator  Kookesh's district  encompasses 123  villages, and  it's                                                               
difficult for  a representative or  senator to get around  such a                                                               
district.  Reducing  the size  of  the  districts would  make  it                                                               
easier for representatives  to go to villages and  talk to people                                                               
there face to face.                                                                                                             
                                                                                                                                
9:15:02 AM                                                                                                                    
SENATOR MEYER asked whether or not  the objective of SJR 21 is to                                                               
decrease each House  District to a population of  13,000. If not,                                                               
he asked what the objective of SJR 21 is.                                                                                       
                                                                                                                                
SENATOR OLSON replied that state  legislators are spread thin and                                                               
people in remote communities can  easily feel disenfranchised. He                                                               
said he  is not stuck on  the numbers and increasing  senators to                                                               
24 and representatives to 48 is a starting suggestion.                                                                          
                                                                                                                                
SENATOR  MEYER  said he  does  not  know  the magic  number.  His                                                               
district of 30,000 concentrated  people is very manageable. Rural                                                               
areas have  unique challenges and  even with more  senators, some                                                               
villages still might not have the opportunity to see theirs.                                                                    
                                                                                                                                
9:17:53 AM                                                                                                                    
MR. GRAY advised  looking at the "Average  Population" numbers at                                                               
the bottom of the table  "Population Trend for Election Districts                                                               
in 2010."  The average population  for each district in  2000 was                                                               
about 15,000. The Department of  Labor estimates that the average                                                               
population per  district was  almost 17,000 in  2008 and  will be                                                               
17,309 in  2010. The  population is increasing,  but as  shown in                                                               
column four,  labeled "Difference  from Average,"  some districts                                                               
will have  to give  up some population  and other  districts will                                                               
have to  pick up some  population to  reach that average.  The 48                                                               
House  districts  proposed by  SJR  21  would create  an  average                                                               
district  population of  about  14,000, which  is  closer to  the                                                               
average in 2000;  rural districts would not have a  big change in                                                               
their average population size.                                                                                                  
                                                                                                                                
SENATOR  MEYER said  that Table  5 from  the National  Council of                                                               
State Legislatures  (NCSL) shows a  lot of variation  in district                                                               
populations. California  has 451,000  people per  House district;                                                               
New Hampshire  has 3,000  and Alaska  has 15,000.  It is  hard to                                                               
determine the right district population  size and add to that the                                                               
facts that  Alaska's large geographic  area and  small population                                                               
are unique.                                                                                                                     
                                                                                                                                
9:20:45 AM                                                                                                                    
SENATOR KOOKESH  commented that if  Alaska keeps the  same number                                                               
of  districts, his  district would  have to  go into  the Wasilla                                                               
area  for  its population  to  increase  enough and  the  Wasilla                                                               
district  population  to  decrease  enough.  Such  reapportioning                                                               
could be  challenged by  the Department  of Justice  and minority                                                               
voting  area   rules.  Additional  seats  must   be  created  for                                                               
Anchorage  and Wasilla  due to  their growth  or the  whole state                                                               
will have to be changed.                                                                                                        
                                                                                                                                
CHAIR MENARD  added that Representative Harris  from Valdez comes                                                               
as far as Sutton in the MatSu Borough.                                                                                          
                                                                                                                                
SENATOR  PASKVAN  said that  75  percent  of the  communities  in                                                               
Alaska  have populations  of  less  than 1000.    He  said it  is                                                               
important that these communities have  a voice in both the Senate                                                               
and the House.                                                                                                                  
                                                                                                                                
9:23:23 AM                                                                                                                    
CHAIR MENARD  asked Senator Olson  and Mr.  Gray to speak  to the                                                               
fiscal impact.                                                                                                                  
                                                                                                                                
SENATOR  OLSON said  a person  down on  the Lower  Yukon, in  the                                                               
White  Hampton  area  that  has  just  been  declared  a  federal                                                               
disaster  area,  has far  different  concerns  than a  person  in                                                               
another part  of his district that  provides 80 to 90  percent of                                                               
the revenues  for Alaska. The  person up  on the North  Slope has                                                               
got his own concerns that  are far different from a fishing-based                                                               
community  or a  whaling-based  community. He  said that  Senator                                                               
Kookesh is stretched even thinner.                                                                                              
                                                                                                                                
MR. GRAY  said the average  cost of  offices and staff  is fairly                                                               
straight  forward in  the fiscal  note. He  said that  Pam Varni,                                                               
Executive  Director  of  the Legislative  Affairs  Agency,  could                                                               
provide a more detailed explanation of those costs.                                                                             
                                                                                                                                
SENATOR  OLSON said  there are  two  fiscal notes.  One puts  the                                                               
resolution  on the  general election  ballot of  2010. The  other                                                               
relates  to implementing  four more  elected  senators and  eight                                                               
more elected representatives and starts  at roughly $6 million in                                                               
fiscal year 2013.                                                                                                               
                                                                                                                                
9:26:36 AM                                                                                                                    
SENATOR FRENCH  said SJR  21 is  a good  big-picture idea  and he                                                               
supported  it.  He  asked  how  the  capitol  building  would  be                                                               
redesigned    to   accommodate    four    senators   and    eight                                                               
representatives.                                                                                                                
                                                                                                                                
SENATOR  OLSON   said  the  new   building  could   provide  some                                                               
opportunity for  space and pointed  out that in the  past offices                                                               
have been around the capitol, not in the capitol proper.                                                                        
                                                                                                                                
SENATOR FRENCH asked about the chambers.                                                                                        
                                                                                                                                
SENATOR OLSON said things have  changed over the years; the House                                                               
Speaker  receptions are  now where  the original  Senate Chambers                                                               
used to be.                                                                                                                     
                                                                                                                                
CHAIR MENARD said  if the committee passed SJR 21  out today, the                                                               
next  committee could  address  the question  of  space with  Ms.                                                               
Varni.                                                                                                                          
                                                                                                                                
SENATOR FRENCH said that was satisfactory.                                                                                      
                                                                                                                                
9:28:31 AM                                                                                                                    
CHAIR MENARD opened testimony for SJR 21.                                                                                       
                                                                                                                                
GORDON  HARRISON,   former  Executive  Director  of   the  Alaska                                                               
Redistricting  Board,  said  that without  this  legislation  the                                                               
ideal district population will become  17,500 and rural districts                                                               
would  increase geographically  because most  are 3,000  to 4,000                                                               
people below this.  The importance of SJR 21 is  that it provides                                                               
effective  representation for  rural areas  which are  getting so                                                               
big that legislators  do not know their  constituents, never have                                                               
a chance to talk to them, and  do not know what their issues are.                                                               
Members of rural  communities do not know how to  vote for people                                                               
who  are,  in some  cases,  from  another world.  Campaigning  is                                                               
difficult and  expensive; so recruiting candidates  is difficult.                                                               
This  is an  important public  policy issue  of fair,  reasonable                                                               
representation  for  rural  areas.  Without an  increase  in  the                                                               
number of seats, rural districts will be huge or disappear.                                                                     
                                                                                                                                
9:31:28 AM                                                                                                                    
SENATOR  KOOKESH  said  that  to  get  to  Lime  Village  in  his                                                               
district,  he  has  to  fly  from Angoon  to  Juneau,  Juneau  to                                                               
Anchorage, Anchorage to Fairbanks,  Fairbanks to Aniak, and Aniak                                                               
to Lime Village  where he could then visit five  villages in that                                                               
area by small airplane. The cost,  just from Angoon to Juneau one                                                               
way is $125.                                                                                                                    
                                                                                                                                
CHAIR MENARD  noted that  Margaret Walsh  from the  Department of                                                               
Law was available for questions.                                                                                                
                                                                                                                                
SENATOR  FRENCH  asked  if  Mr. Harrison  would  comment  on  the                                                               
implications  of the  US Voting  Rights Act  of 1965  on Alaska's                                                               
districts.                                                                                                                      
                                                                                                                                
MR. HARRISON  explained that Section  5 of the Voting  Rights Act                                                               
applies to  Alaska and everything regarding  elections, including                                                               
redistricting,  is scrutinized  by  the  Justice Department.  The                                                               
standard  violation  in  Section   5  is  retrogression,  meaning                                                               
redistricting results  in fewer  minority districts.  Without SJR
21, Mr.  Harrison said he  did not  see how retrogression  can be                                                               
avoided.  He  said the  following  three  of the  nine  effective                                                               
Native majority districts could be  lost: House districts 5 and 6                                                               
and Senate district C.                                                                                                          
                                                                                                                                
9:34:51 AM                                                                                                                    
MR.  HARRISON suggested  that the  Justice Department  or federal                                                               
courts   may  not   prohibit  this   retrogression  because   the                                                               
demographics are so strong. He said  his layman's view is that if                                                               
the   redistricting   plan  follows   traditional   redistricting                                                               
principles  and  retrogression is  shown  to  be unavoidable  and                                                               
minimal,  the Voting  Rights Act  will  not prevent  the loss  of                                                               
these Native districts.                                                                                                         
                                                                                                                                
SENATOR MEYER  said he understands  that SJR 21 is  not primarily                                                               
concerned about the population of  each district, but rather with                                                               
keeping  districts more  compact so  legislators do  not have  to                                                               
travel hundreds  of miles to  see their constituents.  To achieve                                                               
that, each  district population  must be  reduced and  more house                                                               
and senate  districts would  be created  in the  highly populated                                                               
areas.                                                                                                                          
                                                                                                                                
MR. HARRISON  said that the  distribution of power  between rural                                                               
and urban areas  is population based and would stay  the same. He                                                               
agreed  that  all  new  districts  would go  to  the  Railbelt  -                                                               
Anchorage,  Fairbanks, Matsu  and the  Kenai Peninsula  - not  to                                                               
rural  areas. However,  additional  districts  would allow  rural                                                               
areas to hold on to what they have.                                                                                             
                                                                                                                                
9:37:11 AM                                                                                                                    
CHAIR  MENARD restated  Senator French's  earlier question  about                                                               
accommodating  more  legislators  in  the  chambers  and  in  the                                                               
Capitol building.                                                                                                               
                                                                                                                                
PAM VARNI, Executive Director,  Legislative Affairs Agency (LAA),                                                               
said that  the House and  Senate Chambers could both  utilize the                                                               
existing extra desk for the  presiding officer who always sits at                                                               
the  front.  Without a  capital  appropriation  to build  another                                                               
building or  expand, creativity and  the cooperation  of existing                                                               
legislators would  be required.  She noted that  the size  of the                                                               
different  offices in  the capitol  has been  increased over  the                                                               
years. She  suggested that the  Governor and  Lieutenant Governor                                                               
could be asked if they would  consider moving to the State Office                                                               
Building,  freeing up  the third  floor.  The LAA  would look  at                                                               
floor plans  and decide  how to  accommodate more  legislators as                                                               
economically as possible. She noted  that the fiscal note of $1.5                                                               
million for remodeling was a conservative figure.                                                                               
                                                                                                                                
9:40:37 AM                                                                                                                    
CHAIR MENARD closed public testimony.                                                                                           
                                                                                                                                
9:41:54 AM                                                                                                                    
At Ease.                                                                                                                        
                                                                                                                                
9:42:09 AM                                                                                                                    
CHAIR MENARD called the meeting back to order at 9:42.                                                                          
                                                                                                                                
SENATOR  MEYER  moved  to  report  SJR  21  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
9:42:48 AM                                                                                                                    
At Ease                                                                                                                         
                                                                                                                                
                                                                                                                                
           SB  92-U.S. PRESIDENTIAL ELECTION COMPACT                                                                        
                                                                                                                                
9:46:36 AM                                                                                                                    
CHAIR MENARD called  the State Affairs Committee  meeting back to                                                               
order at 9:46 and said the  next order of business to come before                                                               
the committee was SB 92.                                                                                                        
QUINN  KENDALL, aide  to Senator  Davis, sponsor  of SB  92, said                                                               
that  under   the  National  Popular  Vote   Interstate  Compact,                                                               
electoral  votes,   which  are   based  on   the  number   of  US                                                               
representatives and US  senators in each state,  would be awarded                                                               
to the  national winner,  not the  state winner.  He said  the US                                                               
Constitution  gives each  state exclusive  control over  awarding                                                               
their electoral  votes; the  winner-take-all rule  is not  in the                                                               
Constitution.  He  pointed  out  that the  states  of  Maine  and                                                               
Nebraska award  electoral votes by congressional  district. As of                                                               
January  2010,   Hawaii,  Illinois,  Maryland,  New   Jersey  and                                                               
Washington  joined this  interstate compact;  their 61  electoral                                                               
votes make  up 23 percent of  the 270 electoral votes  needed for                                                               
the compact to take effect.                                                                                                     
                                                                                                                                
9:49:13 AM                                                                                                                    
MR. KENDALL said the compact has  also passed in the House and/or                                                               
Senate  in  other  states  and has  continued  to  gain  national                                                               
support.  He  explained  that the  current  winner-take-all  rule                                                               
allows  a candidate  to win  the presidency  without winning  the                                                               
most popular  votes nationwide. This has  occurred in 4 of  56 US                                                               
presidential  elections   and  1   in  7  of   the  non-landslide                                                               
elections.  He pointed  out that  a  shift of  fewer than  60,000                                                               
votes  in Ohio  would have  defeated President  Bush despite  his                                                               
nationwide lead  of 3.5 million  votes in 2004. With  the winner-                                                               
take-all rule,  presidential candidates  have no reason  to poll,                                                               
visit, advertise or  organize in states where they  are far ahead                                                               
or  behind. He  explained  that candidates  concentrated over  66                                                               
percent  of  their  campaign  visits  and  ad  money  in  just  6                                                               
battleground states  in 2008;  98 percent went  to 15  states. He                                                               
said  voters  in  two-thirds  of   the  states  were  essentially                                                               
spectators to the election.                                                                                                     
                                                                                                                                
MR.  KENDALL  reported  that  under  the  National  Popular  Vote                                                               
Interstate  Compact,  all   electoral  votes  from  participating                                                               
states  would  be  awarded  to  the  presidential  candidate  who                                                               
received the most  popular votes in all 50  states and Washington                                                               
D.C. The Interstate Compact becomes  effective when enough states                                                               
join that their collective electoral  votes add up to a majority,                                                               
that is, enough electoral votes to elect a president.                                                                           
                                                                                                                                
9:51:07 AM                                                                                                                    
MR.  KENDALL said  the National  Popular Vote  Interstate Compact                                                               
will increase political efficacy and civic engagement.                                                                          
                                                                                                                                
TOM OBERMEYER,  aide to  Senator Davis,  said that  the Electoral                                                               
College  would  remain  intact   under  the  proposed  interstate                                                               
compact,  which  is  a  constitutionally  authorized  method  for                                                               
states  to address  problems. With  this  compact, the  Electoral                                                               
College  would  change  from an  institution  reflecting  voters'                                                               
state-by-state choices  or, in  the case  of Maine  and Nebraska,                                                               
district-wide choices, into a  body reflecting voters' nationwide                                                               
choice.  He explained  that the  proposed  compact would  require                                                               
each  member   state  to  award   its  electoral  votes   to  the                                                               
presidential  candidate  who  received   the  largest  number  of                                                               
popular votes in all 50 states  and the District of Columbia. The                                                               
interstate  compact becomes  effective only  when it  encompasses                                                               
states  collectively  possessing  a  majority  of  the  electoral                                                               
votes. In  this manner, the presidential  candidate receiving the                                                               
most popular votes in all 50  states and the District of Columbia                                                               
would be guaranteed  enough electoral votes to be  elected to the                                                               
presidency.                                                                                                                     
                                                                                                                                
SENATOR PASKVAN asked  if the ideal is that each  vote count, why                                                               
not  just count  each vote  and dispense  with Electoral  College                                                               
completely.                                                                                                                     
                                                                                                                                
MR. OBERMEYER  replied that changing the  Electoral College would                                                               
be more  difficult than implementing  an interstate  compact. The                                                               
Founding Fathers  set up  the Electoral  College in  part because                                                               
many people  were not  informed as to  who should  represent them                                                               
and  did  not  know  their   legislators.  The  Founding  Fathers                                                               
determined that  locally-known people could carry  a vote forward                                                               
for the election of the president.                                                                                              
                                                                                                                                
9:54:26 AM                                                                                                                    
MR.  OBERMEYER  suggested  that changing  the  Electoral  College                                                               
itself might not be possible  and this national popular vote bill                                                               
requires  states  to  agree  to   "presumably,  888  words  in  a                                                               
compact."                                                                                                                       
                                                                                                                                
SENATOR  PASKVAN  said  he  is concerned  that  Alaska  would  be                                                               
"contracting away" an essential right  by forming a contract with                                                               
other  states.   Perhaps  a system  of counting  each  vote on  a                                                               
nationwide basis  would be better and  preserve the Constitution,                                                               
as well.                                                                                                                        
                                                                                                                                
MR. OBERMEYER  replied that  counting each vote  might be  a good                                                               
solution,  but it  may not  have  seemed possible  to people  who                                                               
designed the interstate compact.                                                                                                
                                                                                                                                
SENATOR FRENCH  said he supports SB  92 and that the  person with                                                               
the most  votes should  win. He recognized  concerns about  SB 92                                                               
but supported the idea as basic democracy.                                                                                      
                                                                                                                                
9:57:02 AM                                                                                                                    
PAT  ROSENSTIEL, National  Popular  Vote, said  SB 92  guarantees                                                               
that the candidate who gets the  most votes in all 50 states wins                                                               
the presidency  and that a  vote in Ketchikan, Alaska,  counts as                                                               
much as a  vote in Clearwater, Florida. SB 92  solves the problem                                                               
of  relegating  two-thirds  of  the  country  to  flyover  status                                                               
because   of   winner-take-all   statutes   which   are   not   a                                                               
constitutional principal.                                                                                                       
                                                                                                                                
MR. ROSENSTIEL  offered a different  answer to  Senator Paskvan's                                                               
earlier question  about pursuing  a constitutional  amendment. He                                                               
explained that Alaska  has the right to allocate  its electors in                                                               
its  best interest  and a  constitutional  amendment would  strip                                                               
future  legislators  of their  power  to  do that.  However,  the                                                               
interstate compact preserves the  right of future legislatures to                                                               
withdraw  from it  if there  is  an unintended  consequence or  a                                                               
better choice  for Alaska  later. States  have switched  how they                                                               
allocate their electors throughout history,  he said, and he also                                                               
felt that an  interstate compact would be  the appropriate method                                                               
to change Alaska's way of allocating electors.                                                                                  
                                                                                                                                
10:00:30 AM                                                                                                                   
SENATOR  PASKVAN asked  if the  original intent  of the  Founding                                                               
Fathers was or  was not a winner-take-all system. He  said if the                                                               
goal  is   to  establish  a  winner-take-all   system,  which  is                                                               
different from the original intent,  why not go to a winner-take-                                                               
all national vote.                                                                                                              
                                                                                                                                
MR.  ROSENSTIEL  said  he  and   Senator  Paskvan  might  have  a                                                               
different  understanding of  winner-take-all.  He explained  that                                                               
winner-take-all statutes  currently dictate that a  candidate who                                                               
wins  the popular  vote  in  Alaska gets  all  three of  Alaska's                                                               
electoral votes. He  explained that this compact  is enacted when                                                               
more than  270 electoral votes  are in it. Those  electoral votes                                                               
are all awarded  to the candidate who wins the  most votes in all                                                               
50 states.  He said he  opposes abolishing the  Electoral College                                                               
because  those electors  give  Alaska  influence in  presidential                                                               
elections. The Founding Fathers intended  for states to provide a                                                               
check on the  federal magistrate with their  electoral votes, and                                                               
Alaska can allocate  its three electors in any  way, including by                                                               
joining this compact.                                                                                                           
                                                                                                                                
10:03:30 AM                                                                                                                   
SENATOR  PASKVAN questioned  whether or  not winner-take-all  was                                                               
the original intent of the US constitution.                                                                                     
                                                                                                                                
MR.  ROSENSTIEL  replied that  no,  the  original intent  of  the                                                               
Founding Fathers was not a  winner-take-all statute by state, but                                                               
rather  to  give  each  state  electoral  votes  based  on  their                                                               
representation to allocate in any way.  He said that in the first                                                               
presidential election,  three states  operated on  a winner-take-                                                               
all statute  of white property  owners; the other ten  states had                                                               
other  systems.  The  Founding Fathers  intended  for  Alaska  to                                                               
determine how to  exercise its influence through  its electors in                                                               
Presidential elections  and this compact is  consistent with that                                                               
constitutional principle.                                                                                                       
                                                                                                                                
SENATOR PASKVAN said  he is troubled by the capacity  to sell, as                                                               
a commodity, our  electoral votes, and thereby the  election of a                                                               
president.  He  asked about  the  consequences  of breaching  the                                                               
compact if, for example, the state  had a Governor, a House and a                                                               
Senate that wanted to breach  the compact and oppose the national                                                               
vote.                                                                                                                           
                                                                                                                                
10:06:23 AM                                                                                                                   
MR.  ROSENTIEL replied  that the  compact  has an  enforceability                                                               
clause.                                                                                                                         
                                                                                                                                
10:07:12 AM                                                                                                                   
Short at ease                                                                                                                   
                                                                                                                                
10:07:21 AM                                                                                                                   
CHAIR MENARD called the meeting back to order at 10:07.                                                                         
                                                                                                                                
MR. ROSENSTIEL referred to clause 2  of Article 4 of the National                                                               
Popular Vote compact as follows:                                                                                                
                                                                                                                                
     Any  member state  may  withdraw  from this  agreement,                                                                    
     except that  a withdrawal occurring six  months or less                                                                    
     before the end  of a President's term  shall not become                                                                    
     effective  until a  President or  Vice President  shall                                                                    
     have been qualified to serve the next term.                                                                                
                                                                                                                                
He said if  Alaska wanted to pull out of  the compact because the                                                               
vote didn't go the way they  wanted it to, that withdrawal cannot                                                               
become  effective between  July 20th  of a  presidential election                                                               
cycle  and the  inauguration  on January  20th  of the  following                                                               
year.  A state  cannot withdraw  from a  compact without  running                                                               
counter to  the US Constitution's Impairment  clause, Safe Harbor                                                               
clause  and possibly  200 years  of  case law  that supports  the                                                               
enforceability  of  interstate  compacts.  He  reported  that  no                                                               
interstate compact  in US  history has  ever been  withdrawn from                                                               
without adhering to the clauses within that compact.                                                                            
                                                                                                                                
LARRY SOKOL,  The National Popular Vote,  said the enforceability                                                               
stems from  Article 1  Section 10 of  the Constitution,  known as                                                               
the Impairments Clause,  which says no state shall  pass any laws                                                               
impairing the  obligation of contracts.  For over 200  years, the                                                               
Supreme Court  has upheld interstate  compacts as  contracts that                                                               
are  enforceable.   He  said  no  state   has  ever  successfully                                                               
challenged the  ability to  withdraw from  a compact  outside the                                                               
stated withdrawal provisions contained in that compact.                                                                         
                                                                                                                                
10:11:24 AM                                                                                                                   
SENATOR PASKVAN  asked if  enforcement had  ever been  applied to                                                               
the contractual  delegation of  authority dealing  with Electoral                                                               
College votes.  He said this is  not a matter of  commerce but of                                                               
the  delegation   of  a  constitutional  authority   to  transfer                                                               
Electoral College  votes, and he  is not  aware of any  case ever                                                               
dealing with this subject in the nation's 230-year history.                                                                     
                                                                                                                                
MR. SOKOL said  to his knowledge Senator Paskvan  is correct that                                                               
there has never  been a proposed interstate  compact dealing with                                                               
allocation  of   electoral  votes;   however  the   Contract  and                                                               
Impairment clause  of the Constitution has  successfully governed                                                               
all interstate  compacts, not just  those dealing  with commerce.                                                               
He noted that one of  the country's foremost legal authorities on                                                               
interstate compacts, Professor Joseph  Zimmerman of New York, was                                                               
integral in drafting this compact  and wrote a book that contains                                                               
all the assorted legal precedents and cases.                                                                                    
                                                                                                                                
10:14:02 AM                                                                                                                   
SENATOR  PASKVAN asked  Mr. Sokol  if the  most efficient  way to                                                               
make  sure  each  vote  counts  is  to  eliminate  the  Electoral                                                               
College.                                                                                                                        
                                                                                                                                
MR. SOKOL  said he viewed the  process of states deciding  how to                                                               
use  their electoral  votes as  the appropriate  and historically                                                               
consistent method. Past  changes, such as extending  the right to                                                               
vote  for  president  to  the   people  or  eliminating  property                                                               
ownership  requirements  to be  able  to  vote, have  come  about                                                               
through  states   acting  on   their  own   and  not   through  a                                                               
constitutional  amendment. He  said  that  National Popular  Vote                                                               
believes state action, using state  rights and the 5th Amendment,                                                               
is  the historically  consistent  way that  the Founding  Fathers                                                               
intended these changes be made.                                                                                                 
                                                                                                                                
10:16:07 AM                                                                                                                   
SENATOR  PASKVAN asked  why he  wants to  change anything  if the                                                               
original intent of the US  Constitution was the advancement of an                                                               
Electoral  College  system.   If  the  goal  is   to  change  the                                                               
Constitution  so  each  vote  counts, why  not  just  change  the                                                               
Constitution?                                                                                                                   
                                                                                                                                
MR. SOKOL replied  that the Founding Fathers  intended for states                                                               
to determine  how they can  best allocate their  electoral votes.                                                               
In  National Popular  Vote's proposal,  states  agree through  an                                                               
interstate  compact, that  the candidate  who  receives the  most                                                               
popular  votes in  all  50 states  should  receive the  electoral                                                               
votes of each  individual state that signed onto  the compact. He                                                               
said he  could not say  that the Founding Fathers'  intention was                                                               
to have a national popular  vote, but their intention clearly was                                                               
for  each  individual state  to  determine  how to  allocate  its                                                               
electoral votes.                                                                                                                
                                                                                                                                
10:17:47 AM                                                                                                                   
SENATOR  FRENCH said  Article 2,  Section 1  of the  Constitution                                                               
says:  "each   state  shall  appoint   in  such  manner   as  the                                                               
legislature there  of may  direct, a number  of electors…"  It is                                                               
complex, but  it is clear that  it is within the  province of the                                                               
legislature to determine.                                                                                                       
                                                                                                                                
SENATOR MEYER  said the Electoral  College needs to  be abolished                                                               
and a national popular vote system  is needed if every vote is to                                                               
truly  count.  He  mentioned  that  even  if  Alaska  joined  the                                                               
compact,  it would  still be  a flyover  state; candidates  would                                                               
still focus on major population centers.                                                                                        
                                                                                                                                
10:19:31 AM                                                                                                                   
CHAIR  MENARD   said  she  would   be  interested   in  Professor                                                               
Zimmerman's expertise.                                                                                                          
                                                                                                                                
MR. ROSENSTIEL clarified that Senator  Meyer's question was about                                                               
candidates ignoring  Alaska during elections due  to its location                                                               
and small population.                                                                                                           
                                                                                                                                
SENATOR  MEYER  agreed and  pointed  out  another frustration  in                                                               
Alaska is  that a winner  is often declared before  many Alaskans                                                               
have voted. He  would like to make sure all  votes count and that                                                               
Alaskans realize how important each vote is.                                                                                    
                                                                                                                                
MR. ROSENSTIEL  said that  the compact is  intended to  make sure                                                               
that  the candidate  who wins  the most  votes in  all 50  states                                                               
wins, and  that a  vote in  every state  counts equally.  When an                                                               
Alaskan writes a  check to a political party  in the presidential                                                               
campaign, all the money is spent  in 6 or 15 battleground states.                                                               
The  compact rectifies  Alaska's  exportation  of this  political                                                               
economy every four years.                                                                                                       
                                                                                                                                
10:22:49 AM                                                                                                                   
MR. ROSENSTIEL  said the interstate  compact will  keep resources                                                               
in  Alaska because  the votes  in  Alaska will  count toward  the                                                               
national total.  He pointed out  that the 1960  presidential race                                                               
came  down to  110,000 votes;  with  the system  proposed in  the                                                               
interstate  compact,  all eyes  would  have  been on  Alaska  and                                                               
Hawaii, the last polls to  close. He suggested Hawaii entered the                                                               
compact  because a  winner  would not  be  declared hours  before                                                               
their polls close. Alaskans feel  their votes are undervalued and                                                               
a  poll showed  that 70  percent think  this proposal  is a  good                                                               
idea.                                                                                                                           
                                                                                                                                
10:25:03 AM                                                                                                                   
CHAIR MENARD opened public testimony.                                                                                           
                                                                                                                                
SENATOR FRENCH  commented that  this is  a big-picture  bill that                                                               
triggers thought about democracy.                                                                                               
                                                                                                                                
SENATOR PASKVAN said  he is troubled by not changing  to a system                                                               
in  which each  vote counts  and the  president is  elected by  a                                                               
majority  across   all  50  states.   He  was  troubled   by  the                                                               
legislative  branch of  each  state being  given  the ability  to                                                               
direct the  state's Electoral  College.   He worried  that Alaska                                                               
under this  language would be  delegating its electoral  votes to                                                               
another state's population. He said  he can foresee a state being                                                               
rewarded  by  breeching the  compact  in  some circumstances  and                                                               
creating litigation.                                                                                                            
                                                                                                                                
10:27:30 AM                                                                                                                   
SENATOR  Meyer  moved  to  report   SB  92  from  committee  with                                                               
individual  recommendations and  attached  fiscal note(s).  There                                                               
being no objection, the motion carried.                                                                                         
                                                                                                                                
10:28:16 AM                                                                                                                   
Finding no further  business to come before  the committee, Chair                                                               
Menard adjourned the meeting at 10:28 a.m.                                                                                      

Document Name Date/Time Subjects