Legislature(2013 - 2014)BUTROVICH 205
04/11/2013 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB104 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 104 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 11, 2013
9:07 a.m.
MEMBERS PRESENT
Senator Fred Dyson, Chair
Senator Cathy Giessel, Vice Chair
Senator John Coghill
Senator Bill Wielechowski
MEMBERS ABSENT
Senator Bert Stedman
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 104(2D JUD)
"An Act relating to election practices and procedures; relating
to the reporting of election campaign contributions and
expenditures; relating to identification requirements for a
communication paid for by a political party; relating to public
records; relating to the election of an advisory school board in
a regional educational attendance area; and providing for an
effective date."
- MOVED CSHB 104(2D JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 104
SHORT TITLE: ELECTION PROCEDURES; REAA ADVISORY BOARDS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/06/13 (H) READ THE FIRST TIME - REFERRALS
02/06/13 (H) STA, JUD
02/19/13 (H) STA AT 8:00 AM CAPITOL 106
02/19/13 (H) Moved CSHB 104(STA) Out of Committee
02/19/13 (H) MINUTE(STA)
02/20/13 (H) STA RPT CS(STA) NT 5DP 2NR
02/20/13 (H) DP: HUGHES, ISAACSON, GATTIS, KREISS-
TOMKINS, LYNN
02/20/13 (H) NR: MILLETT, KELLER
02/27/13 (H) JUD AT 1:00 PM CAPITOL 120
02/27/13 (H) Heard & Held
02/27/13 (H) MINUTE(JUD)
03/04/13 (H) JUD AT 1:00 PM CAPITOL 120
03/04/13 (H) Scheduled But Not Heard
03/11/13 (H) JUD AT 1:00 PM CAPITOL 120
03/11/13 (H) Heard & Held
03/11/13 (H) MINUTE(JUD)
03/15/13 (H) JUD AT 1:00 PM CAPITOL 120
03/15/13 (H) Moved CSHB 104(JUD) Out of Committee
03/15/13 (H) MINUTE(JUD)
03/18/13 (H) JUD AT 1:00 PM CAPITOL 120
03/18/13 (H) Moved CSHB 104(JUD) Out of Committee
03/18/13 (H) MINUTE(JUD)
03/20/13 (H) JUD RPT CS(JUD) NT 6DP 1AM
03/20/13 (H) DP: MILLETT, PRUITT, FOSTER, LEDOUX,
LYNN, KELLER
03/20/13 (H) AM: GRUENBERG
03/22/13 (H) RETURNED TO JUD COMMITTEE
04/05/13 (H) JUD AT 1:00 PM CAPITOL 120
04/05/13 (H) Moved CSHB 104(2d JUD) Out of Committee
04/05/13 (H) MINUTE(JUD)
04/08/13 (H) JUD RPT CS(2D JUD) NT 4DP 1AM
04/08/13 (H) DP: PRUITT, FOSTER, LEDOUX, LYNN
04/08/13 (H) AM: GRUENBERG
04/08/13 (H) TRANSMITTED TO (S)
04/08/13 (H) VERSION: CSHB 104(2D JUD)
04/09/13 (S) READ THE FIRST TIME - REFERRALS
04/09/13 (S) STA
04/11/13 (S) STA AT 9:00 AM BUTROVICH 205
WITNESS REGISTER
GAIL FENUMAI, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Presented information related to HB 104.
PAUL DAUPHINAIS, Executive Director
Alaska Public Offices Commission (APOC)
Department of Administrations
Anchorage, Alaska
POSITION STATEMENT: Answered questions related to HB 104.
LIBBY BAKALAR, Assistant Attorney General
Labor and State Affairs Section
Department of Law
Juneau, Alaska
POSITION STATEMENT: Answered questions related to HB 104.
ACTION NARRATIVE
9:07:20 AM
CHAIR FRED DYSON called the Senate State Affairs Standing
Committee meeting to order at 9:07 a.m. Present at the call to
order were Senators Coghill, Giessel, and Chair Dyson.
HB 104-ELECTION PROCEDURES; REAA ADVISORY BOARDS
CHAIR DYSON announced that the business before the committee
would be HB 104. He noted that the committee previously heard
the Senate version of the bill and many changes were made from
that version. [CSHB 104 (2D JUD) was before the committee.]
GAIL FENUMAI, Director, Division of Elections, Office of the
Lieutenant Governor, presented information related to HB 104.
She related that many changes were made to the companion bill SB
44, mainly in the House Judiciary Committee.
MS. FENUMAI explained that the first change is in Section 3,
which requires poll watchers to be United States citizens,
versus registered voters. Section 4 was amended to allow
candidates to appoint poll watchers.
CHAIR DYSON asked if the version before the committee is I.
MS. FENUMAI said yes. She continued to explain that current
statute only allows the parties to appoint poll watchers.
Section 5 was amended to require that members of the State
Review Board be United States citizens. Section 6 is an Alaska
Public Offices Commission (APOC) amendment, which requires new
party candidates to file appropriate APOC reports on the same
timeline as party candidates. Sections 7 - 9 amend the APOC
statutes related to identification requirements for
communications paid for by a political party. The top three
donors must be listed.
CHAIR DYSON asked Mr. Dauphinais to stand by to answer questions
related to APOC.
9:11:07 AM
MS. FENUMAI continued with the change in Section 11, which was
amended to allow a person requesting an advisory opinion from
APOC to have their name redacted if requested. Section 14 was
amended to allow ballots postmarked from overseas to be received
10 days following the primary election and 15 days following the
general election. Sections 16 - 21 were added to include a
special run-off election to fill a vacancy in the U.S. Senate,
if the candidate did not receive at least 50 percent of the
vote.
CHAIR DYSON thought that might cause some timing problems.
MS. FENUMAI said it would be tight, but doable. She related that
Section 22 was amended to move the primary election from the
second Tuesday to the third Tuesday. Section 31 is related to a
special run-off election. Sections 32 - 39 were amended to
include language related to a special run-off election. She
explained that Section 41 adds "special run-off election" to the
current definition of a federal election. Section 44 deletes the
repeal of a statute that said all ballots had to be in by the
15th day.
9:13:25 AM
CHAIR DYSON asked Ms. Fenumai if the division sees any problems
with the changes.
MS. FENUMAI replied that the division can work with the changes.
PAUL DAUPHINAIS, Executive Director, Alaska Public Offices
Commission (APOC), Department of Administrations, offered to
answer questions related to HB 104.
SENATOR COGHILL asked about Section 8, the requirement for a
"paid for by" advertising statement. He said that he thought the
advertisement would only have to say "paid for by x party" and
not have to list the donors.
MR. DAUPHINAIS said that is correct.
SENATOR COGHILL inquired about the reason behind the request for
confidentiality.
MR. DAUPHINAIS said it was an amendment put forth by a member of
the House. He noted that APOC has no problem with it.
SENATOR WIELECHOWSKI joined the meeting.
9:15:37 AM
CHAIR DYSON surmised it was aimed at someone who makes an
accusation of impropriety against a candidate a few days before
the election and there is no time for a response or an APOC
ruling.
MR. DAUPHINAIS replied he assumes that is correct.
SENATOR COGHILL said it looks like the person who is requesting
the information is exempt from having their name put forward,
not the candidate.
CHAIR DYSON agreed.
MR. DAUPHINAIS explained that a third party cannot request an
advisory opinion. The person who requests the advisory opinion
bears the association of the request.
SENATOR COGHILL said he understood.
CHAIR DYSON asked if there is a difference between an advisory
opinion and an accusation of impropriety.
MR. DAUPHINAIS said yes. An advisory opinion is a formal process
for APOC covered under AS 15.13 and an accusation would more
than likely come from the public and is not an APOC term.
9:18:23 AM
CHAIR DYSON gave an example of a citizen making an accusation
that a candidate is acting in an unethical manner. He asked how
APOC deals with that.
MR. DAUPHINAIS said that the situation posed is not an advisory
opinion.
CHAIR DYSON agreed.
MR. DAUPHINAIS gave an example of an advisory opinion; a
candidate requests APOC's formal opinion about whether they can
bring their campaign manager along in their car to an event. He
said Chair Dyson's example may or may not be looked at by APOC.
It must be contrary to a statute or regulation that falls under
an APOC aegis. He clarified that APOC is limited by statute as
to how long it has to deliver an advisory opinion.
CHAIR DYSON said it came up the in the last election cycle. He
explained that a candidate asked APOC how to handle a situation,
was given advice which they followed, then APOC made a decision
that what they did was incorrect, and then it was made public
that the candidate violated the filing requirements.
9:22:10 AM
MR. DAUPHINAIS explained that with advisory opinion requests, if
the candidate follows advice given by APOC staff, he/she is
shielded from wrong doing.
CHAIR DYSON asked if it must be in writing.
MR. DAUPHINAIS answered yes.
CHAIR DYSON gave an example of advice given with no written
record.
MR. DAUPHINAIS said he misunderstood. He called that example
informal advice, of which APOC gives very little unless it is
clear cut, like a due date. All other advice must be requested
in writing.
CHAIR DYSON asked how long the turnaround is.
MR. DAUPHINAIS said 7 calendar days.
9:24:56 AM
SENATOR WIELECHOWSKI asked about Sections 7, 8, and 9; if
political parties must list their top three contributors.
MR. DAUPHINAIS replied that APOC has interpreted it that way,
but recognizes the difficulty in picking just three.
SENATOR WIELECHOWSKI asked how much a person or an organization
can contribute to a political party.
MR. DAUPHINAIS said a group, such as a political action
committee or a union, can contribute up to $1,000 in the
aggregate per year to a political party.
SENATOR WIELECHOWSKI asked what the maximum contribution is.
MR. DAUPHINAIS said an individual can contribute up to $5,000
per year.
9:26:57 AM
SENATOR WIELECHOWSKI asked about the special elections changes
in Sections 30 and 31.
MS. FENUMAI explained that Section 30 addresses provisions for a
special election for Congress and AS 15.40.142 is a new section
that would require a special run-off election should no
candidate receive at least 50 percent of the vote.
CHAIR DYSON asked if the top two candidates would have a run-
off.
MS. FENUMAI said yes, regardless of party.
SENATOR WIELECHOWSKI asked who offered that change.
MS. FENUMAI said it was an amendment made by a committee member
in House Judicary.
SENATOR WIELECHOWSKI gave an example.
MS. FENUMAI said the special election would be the primary and
only if a candidate does not receive at least 50 percent of the
vote would there be a special run-off.
SENATOR WIELECHOWSKI said there is no primary.
MS. FENUMAI agreed.
9:29:46 AM
CHAIR DYSON pointed out that the primary election is for
parties.
MS. FENUMAI said that is correct. She said she was comparing a
special election for Congress followed by the need for a special
run-off to a primary and general election.
SENATOR WIELECHOWSKI gave an example. He noted the change does
not impact elections elsewhere.
MS. FENUMAI agreed that it only applies to filing a vacancy in
Congress.
9:30:53 AM
CHAIR DYSON asked if this is a change.
MS. FENUMAI said the only provision that changed is the one that
applies if no candidate receives at least 50 percent of the
vote.
SENATOR WIELECHOWSKI asked if the top vote getter currently
wins.
MS. FENUMAI said yes.
CHAIR DYSON hypothesized a situation where a candidate wins a
primary and needs to be replaced for some reason post primary.
MS. FENUMAI related that the process is that the candidate's
political party would replace the candidate via a party
petition.
CHAIR DYSON asked how far in advance of the general election
that process can work.
MS. FENUMAI said that HB 104 states that it can occur 64 days
before the general election.
CHAIR DYSON said if it is 10 days before, then the ballots go
out as usual.
MS. FENUMAI noted that the current statute would not help that
situation. She said she assumes the governor would take
nominations from the party in order to fill the vacancy.
9:33:30 AM
LIBBY BAKALAR, Assistant Attorney General, Civil Division, Labor
and State Affairs Section, Department of Law, offered to
research the issue and follow up with the committee.
CHAIR DYSON thanked Mr. Dauphinais for his work.
9:35:18 AM
SENATOR WIELECHOWSKI asked why the number of days changes from
48 to 52 days and from 48 to 64 days in Sections 23 - 28.
MS. FENUMAI replied that it is to allow time for the ballots to
be printed and mailed.
SENATOR WIELECHOWSKI asked about the change from 48 to 64 days
in Section 26 for the same thing.
MS. FENUMAI said it was for the general election.
9:36:30 AM
CHAIR DYSON noted that the first part of HB 104 was heard during
the hearing of SB 44. He said the division does not have a
problem with the House version.
SENATOR COGHILL pointed out that the primary was moved to the
third week, which necessitated date changes.
MS. FENUMAI agreed.
SENATOR WIELECHOWSKI said he was trying to absorb the change of
not having to report a candidate's top three donors. He did not
see it as being in the state's best interest.
9:38:00 AM
SENATOR GIESSEL thought the changes amplify the amount of "paid
for by" information to be reported. She opined that the special
election timeframe is beneficial.
MS. FENUMAI suggested that the changes to the APOC statutes
related to campaign finance reporting levels the playing field
for political party candidates and no party candidates.
SENATOR GIESSEL agreed that "paid for by" falls under APOC.
SENATOR WIELECHOWSKI said he was referring to Sections 7, 8, and
9 where political parties don't have to reveal their top three
donors.
MR. DAUPHINAIS agreed that Senator Wielechowski has a point, in
that, with the party not providing a list of three top
contributors, there is not as much information going out.
However, because of the limitations on contributions from
individuals and groups, many contribute the maximum allowed.
Where there are more than three people at the level, it is hard
to decide which three to choose.
SENATOR WIELECHOWSKI opined that the public likes the idea that
they are getting some feel for who is funding campaigns. He
expressed a desire to keep that information in statute.
9:40:52 AM
MR. DAUPHINAIS said it was the legislature's purview.
SENATOR COGHILL said he understood both sides. He opined that
the real issue is about special groups and their top donor list.
9:41:54 AM
SENATOR GIESSEL said she is also okay with the change because
the contribution level is higher at $5,000.
SENATOR WIELECHOWSKI pointed out that it is $5,000 for an
individual.
CHAIR DYSON said a group is limited to $1,000.
SENATOR WIELECHOWSKI concluded it was a good thing.
SENATOR COGHILL asked if parties are required to list their
donors like candidates do.
MR. DAUPHINAIS said that is correct.
SENATOR WIELECHOWSKI asked if donors are on the APOC cycle for
listing donors.
MR. DAUPHINAIS said yes.
9:43:43 AM
MS. BAKALAR returned to the question about what would happen to
a candidate who was elected and then died before taking office.
She stated that another person would be appointed.
SENATOR GIESSEL moved to report CS for HB 104, labeled 28-
GH1983\I, from committee with individual recommendations and
attached zero fiscal note.
SENATOR WIELECHOWSKI said he did not believe the bill should be
moved so quickly, but he wouldn't object.
CHAIR DYSON pointed out that there was a lot of discussion on
the House side.
There being no objection, CSHB 104(2D JUD) was reported from the
Senate State Affairs Standing Committee.
CHAIR DYSON thanked the staff and committee members for their
work.
9:45:46 AM
There being no further business to come before the committee,
Chair Dyson adjourned the Senate State Affairs Standing
Committee at 9:45 a.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 104 - Hearing Packet.pdf |
SSTA 4/11/2013 9:00:00 AM |
HB 104 |