02/01/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB39 | |
| SJR4 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 39 | TELECONFERENCED | |
| *+ | SJR 4 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
February 1, 2011
9:01 a.m.
MEMBERS PRESENT
Senator Bill Wielechowski, Chair
Senator Joe Paskvan, Vice Chair
Senator Albert Kookesh
Senator Kevin Meyer
Senator Cathy Giessel
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 39
"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."
- HEARD AND HELD.
SENATE JOINT RESOLUTION NO. 4
Honoring President Reagan on the 100th anniversary of his birth.
- MOVED SJR 4 OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 39
SHORT TITLE: U.S. PRESIDENTIAL ELECTION COMPACT
SPONSOR(s): SENATOR(s) FRENCH
01/19/11 (S) PREFILE RELEASED 1/14/11
01/19/11 (S) READ THE FIRST TIME - REFERRALS
01/19/11 (S) STA, JUD, FIN
02/01/11 (S) STA AT 9:00 AM BUTROVICH 205
BILL: SJR 4
SHORT TITLE: HONORING RONALD REAGAN
SPONSOR(s): SENATOR(s) HUGGINS
01/26/11 (S) READ THE FIRST TIME - REFERRALS
01/26/11 (S) STA
02/01/11 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
SENATOR HOLLIS FRENCH
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Sponsor of SB 39.
ANDY MODEROW
Staff to Senator Hollis French
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Explained provisions of SB 39.
LAURA BROAD
National Popular Vote
Minneapolis, MN
POSITION STATEMENT: Testified in support of SB 39 and explained
provisions of the bill.
SEAN PATTERSON, representing himself
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 39.
DON THERING, representing himself
Delta Junction, AK
POSITION STATEMENT: Testified in support of SB 39.
ALLISON GLOVER, representing herself
Anchorage, AK
POSITION STATEMENT: Testified in support of SB 39.
CAROLYN BROWN, representing herself
Juneau, AK
POSITION STATEMENT: Testified in support of SB 39.
JIM GILL, representing himself
Fairbanks, AK
POSITION STATEMENT: Testified in support of SB 39.
MARJORIE MENZI, representing herself
Juneau, AK
POSITION STATEMENT: Testified in support of SB 39.
JOHN MANLY
Staff to Senator Charlie Huggins
Alaska State Legislature
Juneau, AK
POSITION STATEMENT: Explained provisions of SJR 4 for the
sponsor.
JERRY MCCUTCHEON, representing himself
Anchorage, AK
POSITION STATEMENT: Testified in opposition to SJR 4.
ACTION NARRATIVE
9:01:07 AM
CHAIR BILL WIELECHOWSKI called the Senate State Affairs Standing
Committee meeting to order at 9:01 a.m. Present at the call to
order were Senators Paskvan, Kookesh, Meyer, Giessel and Chair
Wielechowski.
SB 39-U.S. PRESIDENTIAL ELECTION COMPACT
CHAIR WIELECHOWSKI announced SB 39 to be the first order of
business to come before the committee.
SENATOR HOLLIS FRENCH, sponsor of SB 39, explained that this
bill was in the Senate last year, and it is designed to ensure a
basic truth is upheld; the person who gets the most votes will
become the president of the United States. He stated that the
last decade has seen candidates being elected president without
having the highest popular vote total. He further noted that, if
SB 39 is enacted into law, Alaska would join with a group of
states forming a compact to pledge its electoral votes to the
candidate receiving the most popular votes.
9:04:07 AM
ANDY MODEROW, staff to Senator Hollis French, explained that SB
39 provides that any state of the United States and the District
of Columbia can become a member of this agreement by enacting
the agreement. He further explained that SB 39 sets out the
right of the people in the member states to vote for president
by statewide popular election. He said Article 3 allows that,
before the meeting and voting by the presidential electors, each
chief election official of each member state shall determine the
number of votes for each presidential candidate, and the states
shall add the votes together to reach a national popular vote
total.
9:06:16 AM
CHAIR WIELECHOWSKI asked about the issue of recounts between
states.
SENATOR FRENCH said nothing in SB 39 affects the right of each
state to count its own votes in its own manner. Ms. Fenumiai
would still be the person in charge should Alaska agree to join
this compact.
9:07:25 AM
MR. MODEROW further explained that SB 39 certifies the
appointment of the elector slate for the candidate associated
with that national popular vote winner. Six days before the
meeting and voting by the presidential electors, the members
shall make a final determination of the number of popular votes
cast in the state and shall communicate that to other states for
the purposes of the compact. The chief election official of each
member state shall release a conclusive statement of the number
of votes cast for each candidate. He also explained that if
there is a tie for the national popular vote winner, the
certifying official of each member state will certify the
appointment of the electors nominated by the vote in the state.
9:08:43 AM
CHAIR WIELECHOWSKI asked if the chief election official referred
to Ms. Gail Fenumiai.
SENATOR FRENCH responded yes, currently.
9:09:08 AM
MR. MODEROW then discussed what would occur if a member state
sends a different number of electors than they have electoral
votes; in that case, the national popular vote winner would
nominate the presidential electors, and the state election
official would certify the appointment of those nominees. He
noted that the bill also creates a blackout period requiring
that member states cannot withdraw from the compact for a period
of time before and after the election.
SENATOR PASKVAN asked how many states have passed the compact.
MR. MODEROW responded that he thinks 20 states, but he is not
certain.
9:10:53 AM
CHAIR WIELECHOWSKI asked if the chief executive of each member
state refers to the governor.
MR. MODEROW responded yes. He further stated that definitions
are provided on page 3, line 28, through page 4, line 21.
9:11:44 AM
MR. MODEROW explained that section 2 clarifies that current law
will stay on the books until enough states have activated the
compact.
9:12:15 AM
MR. MODEROW further explained that SB 39 contains provisions for
how the compact will be enacted.
9:12:52 AM
LAURA BROAD, testifying on behalf of National Popular Vote,
stated she spent eight years as a representative in the
Minnesota state legislature, where she was a co-sponsor of the
National Popular Vote Act. She said the National Popular Vote
agreement would guarantee the presidency to the candidate who
wins the most popular votes. The bill has been enacted in seven
states, and has been enacted by jurisdictions possessing a total
of 74 electoral votes, which is 27 percent of the votes
necessary to trigger the compact. She said that the shortcomings
of the current statutory system stem from the winner-take-all
rule, which effectively awards a state's electoral votes to the
candidate who wins the most popular votes in that state. The
winner-take-all rule has permitted a candidate to win the
presidency without winning the most popular votes in 1 of 56
presidential elections, which is 1 in 14 times. She further
stated that Article II, Section I, of the United States
Constitution gives states the exclusive authority and exclusive
control over the manner of awarding electoral votes; thus, the
winner-take-all rule is not in the U.S. Constitution, but is
actually a matter of state law.
9:17:34 AM
MS. BROAD explained that Maine and Nebraska use a different
system from the other states, which shows a state's right to
award electors under its own rules. Under the national popular
vote system, all electoral votes would be awarded to the
candidate who wins the most popular votes. Two-hundred-seventy
electoral votes are needed to ratify the compact. SB 39 also
preserves the Electoral College, but in a way that makes sure
that every vote is equal.
9:19:29 AM
MS. BROAD further stated that SB 39 would not abolish the
Electoral College, nor would it render the Electoral College
irrelevant; instead, it utilizes a state's right to benefit the
people of Alaska and the people of all states. She noted the
bill is not an end-run around the Constitution, because it very
explicitly states in Article II, Section I that state
legislatures have the full authority and the responsibility to
award electors as they see fit.
MS. BROAD noted the founders originally intended that small
states have an electoral advantage through an additional two
electoral votes, but the winner-take-all system undermines the
original intent. Candidates now become focused solely on
battleground states, because influence is no longer derived from
the number of electoral votes.
9:21:23 AM
MS. BROAD concluded by saying that SB 39 would ensure that
people know their vote counts, would preserve the electoral
college, fix shortcomings in the current system, and recognize
and utilize an explicit states' right set forth by the founders
in the constitution.
SENATOR PASKVAN asked if in a close election, a small state like
Alaska could decide to give its three electoral votes in order
to effectively change the results. What would be the penalty?
MS. BROAD responded that interstate compacts are authorized
within the constitution to give sovereign states the authority
to enter into legally binding contracts. She explained that
states are not allowed to breach those contracts; states that
enter into the compact can choose to leave, but only under
provisions of the contract. She noted this is a legally
enforceable tool, and that contracts actually take precedence
over statutes.
9:27:53 AM
SENATOR MEYER asked how many states are currently in the
compact.
MS. BROAD replied that seven states are currently in the
compact, and those states possess a total of 27 percent of the
electoral votes needed to trigger the compact. If Alaska passes
this bill, nothing changes until the trigger of 220 electoral
votes is reached.
SENATOR MEYER asked if Alaska would still be just a fly-over
state, in terms of presidential campaigning.
MS. BROAD responded that Minnesota currently has a governor who
didn't win any of the five largest cities in the state, yet he
won the governor's race twice because he drove up the vote in
rural and suburban areas. If this compact was adopted,
presidential candidates would need to reach out to a broad swath
of people in order to win.
9:30:37 AM
SENATOR GIESSEL noted that Minnesota is not one of the states
that have ratified the agreement.
MS. BROAD responded that she is expecting it to be passed this
year.
SENATOR GIESSEL asked if she would explain the blackout period.
MS. BROAD responded that purpose of the blackout period is to
bind the states to the compact for the length of the election
campaign, July 20th through January 20th, because voters should
know the rules of engagement.
CHAIR WIELECHOWSKI asked how the national popular vote works in
connection with the Electoral College.
9:33:01 AM
MS. BROAD responded that each state currently has the power to
deal with electors in its own way. Under the current system,
electors will always align with the candidate who wins the
popular vote. If a democratic candidate wins the popular vote, a
democratic slate of electors would go to the capitol and cast
ballots. Under a national popular vote, that is no different;
the slates are aligned with the candidate winning the majority
of the popular vote.
CHAIR WIELECHOWSKI asked about the recount issue.
MS. BROAD replied that recounts would continue to operate under
state statutes, and that does not change under the national
popular vote.
9:35:04 AM
SEAN PATTERSON, representing himself, Anchorage, supported SB
39, and stated it is probably the first time he has agreed with
Senator French. He noted that our founding fathers understood
that our democracy is a growing, living and changing entity;
under the current system, many states don't count. Our republic
has gotten to the point where each vote should be counted.
9:38:55 AM
DON THERING, representing himself, Delta Junction, stated he
supports SB 39 because the Electoral College system needs to
more accurately represent the country as it is today.
9:39:54 AM
ALLISON GLOVER, representing herself, Anchorage, said she
believes passage of SB 39 would be good for Alaska.
9:40:24 AM
CAROLYN BROWN, representing herself, Juneau, stated she has
lived in Alaska since 1965, including Anchorage, Palmer, and
Juneau, and has worked throughout the state as a public health
and OBGYN physician. Dr. Brown noted that six states and the
District of Columbia have already passed the compact: Hawaii,
Illinois, Maryland, New Jersey, New York, and the District of
Columbia. She supports SB 39 because she is committed to
participatory democracy, and she asked for reasoned
consideration and thoughtful debate on this issue.
9:43:24 AM
JIM GILL, student, University of Alaska, Fairbanks, testified in
support of SB 39.
9:44:07 AM
MARJORIE MENZI, Juneau, stated she was here as a citizen in
support of SB 39. As a civics educator, social studies teacher,
and voter registrar, she said she believes the president and
vice-president should be determined by nationwide popular vote.
She stated that according to a recent poll, 70 percent of
Alaskans agree. She further stated that the current system is a
disincentive to voters in Alaska.
9:49:08 AM
CHAIR WIELECHOWSKI closed public testimony and held SB 39 in
committee for further consideration.
SJR 4-HONORING RONALD REAGAN
9:49:46 AM
CHAIR WIELECHOWSKI announced SJR 4 to be the next order of
business.
SENATOR CHARLIE HUGGINS, sponsor of SJR 4, explained that the
resolution should not require much evaluation, but it is
important. SJR 4 recognizes the accomplishments of President
Ronald Regan on the 100th anniversary of his birthday. He stated
that President Regan had a profound impact on the state of
Alaska, which many people don't recognize.
9:51:30 AM
JOHN MANLY, staff to Senator Charlie Huggins, gave a brief
summary of SJR 4, which recognizes the accomplishments,
leadership, and vision of Ronald Regan. Mr. Manly noted that, as
listed in SJR 4, President Regan was involved in several Alaska-
specific events, including advocating for very limited federal
control of Alaska lands, state control of the Alaska railroad,
meeting with Pope John Paul II in Fairbanks, signing reparations
payments for Aleuts displaced in World War II, signing
provisions of the small business development program, and
funding village health clinics.
9:54:38 AM
JERRY MCCUTCHEON, Anchorage, said he opposes SJR 4, and feels it
is a political resolution. He stated that Ronald Regan left the
country trillions of dollars in debt, and there was even a
question as to whether he was really in charge; as far as the
Aleut reparations, they only received a fraction of what the
Japanese received, and the Japanese internment camps were
luxurious compared to the conditions endured by the Aleuts. Mr.
McCutcheon disputed every positive point listed in the
resolution.
9:57:30 AM
SENATOR HUGGINS replied that in general people should not speak
ill of the dead; further, if you can't be positive, just be
quiet. He noted that does not necessarily apply in this case,
and while he appreciated Mr. McCutcheon's testimony, Ronald
Regan does have a positive legacy in most people's minds.
9:58:23 AM
CHAIR WIELECHOWSKI closed public testimony.
SENATOR PASKVAN asked if any standard applies to recognizing
presidential legacies; for instance, should the legislature
recognize the 100th birthday anniversary of each president?
SENATOR HUGGINS responded it is fair to say the legislature does
not have a system.
CHAIR WIELECHOWSKI stated that was a good question. It can be
difficult to choose which president to honor.
SENATOR PASKVAN asked if SJR 4 accomplishes anything, such as
naming a mountain after Ronald Regan, or is it just a piece of
paper.
SENATOR HUGGINS responded that it is not just a piece of paper
but a spirit, and it doesn't lead to any action.
9:59:15 AM
SENATOR MEYER moved to report SJR 4 from committee with
individual recommendations and attached fiscal note(s).
CHAIR WIELECHOWSKI announced that without objection, SJR 4 moved
from the Senate State Affairs Standing Committee.
9:59:15 AM
CHAIR WIELECHOWSKI adjourned the meeting of the Senate State
Affairs standing committee at 9:59 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 39 Fiscal Note DOE.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 Sponsor Statement.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 Sectional.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 One Page Summary.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 |
| SB 39 Alaska Poll Results.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 Editorials.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |