Legislature(1995 - 1996)

1995-05-13 House Journal

Full Journal pdf

1995-05-13                     House Journal                      Page 2174
HB 349                                                                       
HOUSE BILL NO. 349 by the House Rules Committee by request of                  
the Governor, entitled:                                                        
                                                                               
"An Act relating to elections; relating to the division of elections;         
relating to voter registration procedures; and providing for an                
effective date."                                                               
                                                                               
was read the first time and referred to the State Affairs, Judiciary and       
Finance Committees.                                                            
                                                                               
The following fiscal note applies:                                             
                                                                               
Zero fiscal note, Office of the Governor, 5/13/95                              
                                                                               
The Governor's transmittal letter, dated May 12, 1995, appears below:          
                                                                               
"Dear Speaker Phillips:                                                        
                                                                               
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am     
transmitting a bill that implements most of the proposals contained in         
my Administration's Election Policy Transition Team Report that                
require changes to existing law.  In addition, the bill makes some             
changes to state law that are required by federal statutes and makes a         
number of "housekeeping" amendments that the division of elections             
has recommended.                                                               
                                                                               
It is apparent that the state needs to adjust elections policies and           
procedures in an effort to boost public confidence that Alaska elections       
are conducted fairly and efficiently.  One of Lieutenant Governor              
Ulmer's first acts was to appoint a panel of respected Alaskans (the           
Election Policy Transition Team), most of whom have expertise in the           
area of elections, to look into state elections policies and to make           
recommendations for change.  In deciding whether a change is                   
warranted, the transition team was requested to ask the following              
questions about the change:                                                    

1995-05-13                     House Journal                      Page 2175
HB 349                                                                       
	-	Does it increase public trust?                                              
                                                                               
	-	Does it provide better service to the public?                               
                                                                               
	-	Does it encourage participation in the electoral process?                   
                                                                               
	-	Does it reduce state spending?                                              
                                                                               
On March20, 1995, the lieutenant governor released the report of the           
panel to the public.  The report is a thorough and thoughtful document,        
and contains many excellent suggestions for improving elections                
policy.  Several important recommendations were included in SB 5,              
which recently passed the legislature.  I am pleased to be able to             
transmit this bill, which implements the rest of those suggestions.            
                                                                               
Section 13 of the bill simplifies the process of absentee voting by            
personal representative for a voter with a disability, a process that is       
currently very burdensome for both the voter and the personal                  
representative and that discourages this sort of absentee voting.  A           
personal representative now must make several trips between the voter          
and election officials in order for a voter with a disability to use this      
method of voting.  Section13 would streamline the procedure,                   
allowing the personal representative to accomplish in a single round           
trip all of the steps necessary to allow a voter with a disability to vote.    
                                                                               
In addition, sec. 13 of the bill makes several changes required by             
federal law.  It removes the current prohibition on a candidate acting         
as a personal representative, and it adds a provision prohibiting a            
voter's employer, an agent of the employer, or an officer or agent of          
the voter's union, from acting as the voter's personal representative.         
It also removes the current requirement that a voter's ballot application      
under this section be accompanied by a letter or statement regarding           
the voter's disability from a physician or from two qualified voters.          
Instead, the voter's personal representative will supply a statement           
regarding the voter's disability.                                              
                                                                               
Sections 30 and 31 of the bill double the fees that must be paid by            
candidates and parties filing material for inclusion in the official           
election pamphlet.  These fees have not been changed since 1980.               
Even with the doubled fees, the cost of producing the pamphlet will be         
approximately 10 times the amount collected in fees.                           

1995-05-13                     House Journal                      Page 2176
HB 349                                                                       
Section 32 repeals a provision (AS15.05.040), enacted in 1960 and not          
changed since, regarding voter disqualification for unsound mind.  That        
provision is inconsistent with the federal Americans with Disabilities         
Act and with state statutes on guardianship.                                   
                                                                               
Section 33 of the bill authorizes a pilot program for voting by mail, in       
the 1996 primary and general elections, in small rural precincts (those        
with no more than 200 registered voters).  Under current law, the              
elections director may conduct an election by mail only if the election        
is held at a time other than when a primary, general, or municipal             
election is held.  Based on the experience of other states that have used      
mail balloting, the transition team believes that allowing voting by           
mail in rural precincts will increase turnout, save money, and eliminate       
operational problems.  Section 33 of the bill authorizes the director to       
conduct this voluntary pilot program in the 1996 primary and general           
elections in no more than 10 precincts, to test the application of this        
program in Alaska.                                                             
                                                                               
The remaining sections of the bill, except for the effective date section,     
were recommended by the division of elections either to conform the            
elections statutes to current practices or to enable the division to           
conduct elections more efficiently and effectively.                            
                                                                               
Representatives of my Administration will be available as the bill             
makes its way through the legislative process to explain what the              
provisions of this bill would accomplish, how they change existing             
law, and why the changes are necessary.                                        
                                                                               
I would appreciate your assistance in facilitating the consideration and       
passage of this bill.                                                          
                                                                               
							Sincerely,                                                              
							/s/                                                                     
							Tony Knowles                                                            
							Governor"