Legislature(2003 - 2004)

2003-04-14 House Journal

Full Journal pdf

2003-04-14                     House Journal                      Page 0965
HB 266                                                                                            
HOUSE BILL NO. 266 by the House Rules Committee by request of                                       
the Governor, entitled:                                                                             
                                                                                                    
     "An Act relating to elections, questioned ballots and questioned                               
     voters, voter registration, training of election officials, preparation                        
     of election materials, voter identification, absentee voting,                                  
     counting ballots, and the primary election; and providing for an                               
     effective date."                                                                               
                                                                                                    
was read the first time and referred to the State Affairs and Finance                               
Committees.                                                                                         
                                                                                                    
The following fiscal note(s) apply:                                                                 
                                                                                                    
1.  Zero, Office of the Governor                                                                    
2.  Zero, Dept. of Administration                                                                   
                                                                                                    
The Governor's transmittal letter dated April 11, 2003, follows:                                    
                                                                                                    
"Dear Speaker Kott:                                                                                 
                                                                                                    
Under the authority of art. III, sec. 18, of the Alaska Constitution, I am                          
transmitting a bill relating to elections.                                                          
                                                                                                    
This bill would amend the state election code statutes as required to                               
comply with a recently enacted federal law, the "Help America Vote                                  
Act of 2002" (HAVA), P.L. 107-252 (H.R. 3295).  The HAVA was                                        
enacted to improve the states' administration of federal elections after                            

2003-04-14                     House Journal                      Page 0966
problems with the administration of those elections by certain states                               
was brought to light during the 2000 presidential election.  Many of                                
the reforms set out in the HAVA are intended to protect against                                     
election fraud and to ensure that the votes of all persons entitled to                              
vote are counted.                                                                                   
                                                                                                    
All of the states are required to comply with the HAVA, including                                   
amending state laws to comply.  To comply with the timelines in the                                 
HAVA, this bill must be passed by the legislature and enacted into law                              
this year.  Upon certification of compliance with the HAVA, each                                    
state is eligible to receive various payments from the federal                                      
government to use in implementing the requirements of the HAVA.                                     
Alaska is projected to receive payments of approximately $5,000,000                                 
per year for three years to implement the HAVA.                                                     
                                                                                                    
Alaska is fortunate because our modern state election code already                                  
includes many of the requirements of the HAVA, such as a statewide                                  
voter registration information database and provisional ("questioned")                              
voting.  However, the state election code does not contain a few of the                             
measures required by the HAVA -- this bill would make the necessary                                 
amendments.  A detailed description of those amendments follows.                                    
                                                                                                    
First, all sections in the election code that refer to "questioned ballots"                         
would be amended to refer to "provisional ballots."  The two terms are                              
synonymous, but the change would conform to the HAVA's use of the                                   
term "provisional" ballots.                                                                         
                                                                                                    
In sec. 2 of the bill, AS 15.07.055 would be amended to add a new                                   
subsection to require the director of elections to enter into an                                    
agreement with the Department of Administration, for motor vehicle                                  
information, and the Department of Revenue, for permanent fund                                      
dividend information, to match information with the division of                                     
elections (division) for first-time voter registrants who are registering                           
by mail, facsimile, or other electronic transmission.  This amendment                               
is required by sec. 303(b)(3)(B)(ii) of the HAVA.                                                   
                                                                                                    
Sections 3 and 6 of the bill would amend AS 15.07.060 to require that                               
applicants for voter registration supply certain additional information -                           
- an Alaska driver's license or identification card number, or the last                             
four digits of the applicant's social security number, if any of those                              

2003-04-14                     House Journal                      Page 0967
numbers have been issued to the applicant.  Under the bill, an                                      
applicant also would have to provide his or her date of birth.  Persons                             
who apply for registration for the first time by mail also would have to                            
provide one of the identifying numbers, and date of birth, that can be                              
verified through state agency records described in sec. 2 of the bill.  If                          
such an applicant has not been issued any of the identifying numbers,                               
the applicant may alternatively submit a copy of a photo identification.                            
For any applicant for voter registration who has not been issued any of                             
the required identifying numbers, the division would issue to the                                   
applicant a unique identifying number.  These amendments are                                        
required by secs. 303(a)(5)(A)(i) and (ii), 303(a)(5)(B)(i),                                        
303(b)(4)(A), and 303(b)(4)(B) of the HAVA.                                                         
                                                                                                    
The changes made by sec. 7 of the bill relate to procedures for                                     
providing a voter registration card to a voter who registers by mail,                               
facsimile, or other electronic transmission, and are to conform to the                              
HAVA's identification requirements for such voters.                                                 
                                                                                                    
Section 9 of the bill would amend AS 15.07.070(h) to require voter                                  
registration proof of identification information on the voter's certificate                         
for voting an absentee in-person ballot.  This amendment is required                                
by sec. 303(b) of the HAVA.                                                                         
                                                                                                    
Section 13 of the bill would amend AS 15.15.040 to require that                                     
certain information be available at polling places, such as how to cast                             
a provisional ballot, instructions for first-time voters, prohibitions on                           
fraud, and how to report violations.  This amendment is required by                                 
sec. 302(b)(2) of the HAVA.                                                                         
                                                                                                    
Section 14 of the bill would amend AS 15.15.198 to require that a                                   
voter who casts a provisional ballot receive information on whether                                 
the ballot was counted.  This amendment is required by sec. 302 of the                              
HAVA.                                                                                               
                                                                                                    
Section 16 of the bill would amend AS 15.15.225 to specify the forms                                
of identification that a voter must exhibit at the polls before voting.                             
These amendments are required by secs. 303(b)(1) and 303(b)(2)(A)(i)                                
and (ii) of the HAVA.                                                                               
                                                                                                    

2003-04-14                     House Journal                      Page 0968
Section 18 of the bill would amend AS 15.15.360(a) on the rules for                                 
counting ballots, to provide a uniform definition of what constitutes a                             
vote as required by sec. 302(a)(6) of the HAVA.                                                     
                                                                                                    
Section 21 of the bill would amend AS 15.20.081(f) to require that                                  
first-time voters who initially registered by mail, facsimile, or other                             
electronic transmission and who are voting absentee by mail, must                                   
provide certain identifying information if they have not already                                    
provided identifying information specified by AS 15.07.060.  Section                                
21 also would make it mandatory, rather than discretionary, that the                                
director of elections, by regulation, require proof of identification for                           
any voter who votes absentee by mail - - existing regulations already                               
provide for that identification requirement.  These amendments are                                  
required by sec. 303(b)(2)(A)(ii) of the HAVA.                                                      
                                                                                                    
Section 22 of the bill would amend AS 15.20.081 to add a new subsec.                                
(i) to allow the absentee ballot applications of absent uniformed                                   
services voters and absent overseas voters to be valid through the next                             
two federal elections.  This amendment is required by sec. 704 of the                               
HAVA.                                                                                               
                                                                                                    
Section 25 of the bill would amend AS 15.20.203(b) to specify that the                              
absentee ballot of a first-time voter who registered by mail, facsimile,                            
or other electronic transmission will not be counted if the proper                                  
identification has not been provided.  This amendment is required by                                
sec. 302(b)(2) of the HAVA.                                                                         
                                                                                                    
Section 26 of the bill would repeal and reenact AS 15.20.203(h) to                                  
provide for a free access system for absentee voters to use to                                      
determine whether their ballot was counted.  An example of a free                                   
access system is a toll-free phone number for voters to call.  The free                             
access system would replace the current system of mailing individual                                
notice to voters.  This change is required by sec. 302(b)(2) of the                                 
HAVA.                                                                                               
                                                                                                    
Section 29 of the bill would amend AS 15.20.207(b) to specify that the                              
provisional ballot of a first-time voter who registered by mail,                                    
facsimile, or other electronic transmission will not be counted if the                              
proper identification has not been provided.  This amendment is                                     
required by secs. 302(a)(5)(A), 303(b)(1), 303(b)(2)(A)(i) and (ii), and                            
303(b)(3)(B) of the HAVA.                                                                           
                                                                                                    

2003-04-14                     House Journal                      Page 0969
Section 35 of the bill would repeal and reenact AS 15.20.207(h) to                                  
require a free access system, as described above, for voters to use to                              
determine whether their provisional ballot was counted.  This change                                
is required by sec. 302(a)(5)(B) of the HAVA.                                                       
                                                                                                    
Section 41 of the bill would repeal statutes that are no longer                                     
necessary due to the changes described above.                                                       
                                                                                                    
Other changes proposed in the bill are not required by the HAVA.                                    
Section 4 of the bill would make "housekeeping" changes to                                          
AS 15.07.060(b) regarding voter registration or identification cards                                
from another jurisdiction.  Section 5 of the bill would amend                                       
AS 15.07.060(c) to allow for additional acceptable forms of                                         
identification for in-person voter registration.  Section 8 of the bill                             
would make "housekeeping" changes to AS 15.07.070(d).  Section 12                                   
of the bill would amend AS 15.10.107 to update the statute and reflect                              
current division practices.  Section 16 of the bill includes the repeal of                          
language allowing additional forms of voter identification to be                                    
prescribed by regulation.  Section 23 of the bill would amend                                       
AS 15.20.082(a), regarding special absentee ballots, to expand the                                  
group eligible to use these ballots to include persons in remote areas of                           
Alaska; this change would duplicate the changes proposed by SB 24,                                  
introduced on January 23, 2003.  Sections 25 and 29 of the bill would                               
amend AS 15.20.203(b) and 15.20.207(b), respectively, to specify that                               
absentee in-person ballots and provisional ballots will not be counted                              
if the voter has not provided the proper identification and was not                                 
personally known by the election official.  Sections 38 - 40 of the bill                            
would amend statutes regarding the primary election by replacing the                                
terms "nonpartisan" and "undeclared" with the term "unaffiliated" in                                
identifying voters who are not affiliated with a political party, to                                
streamline references to such voters.                                                               
                                                                                                    
This bill must be enacted this year in order to comply with the                                     
timelines for various requirements set out in the HAVA.  Therefore, I                               
urge your prompt and favorable action on this measure.                                              
                                                                                                    
                                Sincerely,                                                         
                                /s/                                                                 
                                Frank H. Murkowski                                                  
                                 Governor"