Legislature(2013 - 2014)
2013-04-08 House Journal
Full Journal pdf2013-04-08 House Journal Page 0969 HB 104 The following was read the second time: 2013-04-08 House Journal Page 0970 HOUSE BILL NO. 104 "An Act relating to election practices and procedures; relating to the election of an advisory school board in a regional educational attendance area; and providing for an effective date." with the: Journal Page STA RPT CS(STA) NT 5DP 2NR 326 FN1: ZERO(GOV) 327 FN2: ZERO(EED) 327 JUD RPT CS(JUD) NT 6DP 1AM 585 FN1: ZERO(GOV) 585 FN2: ZERO(EED) 585 RETURNED TO JUD COMMITTEE 628 JUD RPT CS(2D JUD) NT 4DP 1AM 957 FN1: ZERO(GOV) 957 FN2: ZERO(EED) 957 Representative Pruitt moved and asked unanimous consent that the following committee substitute be adopted in lieu of the original bill: CS 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." There being no objection, it was so ordered. Amendment No. 1 was offered by Representatives Kreiss-Tomkins and Kawasaki: Page 1, line 1, following "procedures;" (title amendment): Insert "relating to voter registration;" Page 2, following line 5: Insert new bill sections to read: "* Sec. 3. AS 15.07.050(a) is amended to read: 2013-04-08 House Journal Page 0971 (a) Registration may be made (1) in person before a registration official or through a voter registration agency; (2) by another individual on behalf of the voter if the voter has executed a written general power of attorney or a written special power of attorney authorizing that other individual to register the voter; (3) by mail; [OR] (4) online; or (5) by facsimile transmission, scanning, or other [ANOTHER] method of electronic transmission that the director approves. * Sec. 4. AS 15.07.055(e) is amended to read: (e) The director shall enter into an agreement with the Department of Administration and the Department of Revenue to match identifying information provided by a voter who initially registers by mail, online, or by facsimile or other electronic transmission approved by the director under AS 15.07.050 with existing identification records (1) maintained by the administrative component of the Department of Administration that administers motor vehicle and driver's license laws and by the administrative component of the Department of Revenue that administers the permanent fund dividend laws; and (2) bearing the same identifying number, name, and date of birth provided on the registration. * Sec. 5. AS 15.07.060(e) is amended to read: (e) For an applicant requesting initial registration by mail, online, or by facsimile or other electronic transmission approved by the director under AS 15.07.050, the director shall verify the information provided in compliance with (a)(2) and (3) of this section through state agency records described in AS 15.07.055(e). If the applicant cannot comply with the requirement of (a)(2) of this section because the applicant has not been issued any of the listed numbers, the applicant may instead submit a copy of one of the following forms of identification: a driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license. * Sec. 6. AS 15.07.070(b) is amended to read: 2013-04-08 House Journal Page 0972 (b) To register by mail or by facsimile, scanning, or other electronic transmission approved by the director under AS 15.07.050, the director, the area election supervisor, or a voter registration agency shall furnish, at no cost to the voter, forms prepared by the director on which the registration information required under AS 15.07.060 shall be inserted by the voter, by a person on behalf of the voter if that person is designated to act on behalf of the voter in a power of attorney, or by a person on behalf of the voter if the voter is physically incapacitated. For registration online under AS 15.07.050(a)(4), the director shall provide an electronic version of the forms on the Internet website of the division. The director may require proof of identification of the applicant as required by regulations adopted by the director under AS 44.62 (Administrative Procedure Act). Upon receipt and approval of the completed registration forms, the director or the election supervisor shall forward to the voter an acknowledgment, and the voter's name shall immediately be placed on the master register. If the registration is denied, the voter shall immediately be informed in writing that registration was denied and the reason for denial. When identifying information has been provided by the voter as required by this chapter, the election supervisor shall forward to the voter a registration card. * Sec. 7. AS 15.07.070(c) is amended to read: (c) The names of persons submitting completed registration forms by mail that are postmarked at least 30 days before the next election, or submitting completed registration forms online or by facsimile or other electronic transmission approved by the director under AS 15.07.050 that are received at least 30 days before the next election, shall be placed on the official registration list for that election. If a registration form received by mail less than 30 days before an election does not have a legible and dated postmark, the name of the person submitting the form shall be placed on the official registration list for that election if the form was signed and dated by the person at least 30 days before the election and if the form is received by the director or election supervisor at least 25 days before the election. The name of a person submitting a completed registration form by mail, online, or by facsimile or other electronic transmission that does not meet the applicable requirements of this subsection may not be placed 2013-04-08 House Journal Page 0973 on the official registration list for that election but shall be placed on the master register after that election. * Sec. 8. AS 15.07.070(f) is amended to read: (f) Incomplete or inaccurate registration forms may not be accepted. A person who submitted an incomplete or inaccurate registration form may register by reexecuting and resubmitting a registration form in person, by mail, online, or by facsimile or other electronic transmission approved by the director under AS 15.07.050. The requirements of (c) or (d) of this section apply to a registration form resubmitted under this subsection." Renumber the following bill sections accordingly. Page 5, following line 16: Insert a new bill section to read: "* Sec. 18. AS 15.15.225(b) is amended to read: (b) An election official may waive the identification requirement if the election official knows the identity of the voter. The identification requirement may not be waived for voters who are first-time voters who initially registered by mail, online, or by facsimile or other electronic transmission approved by the director under AS 15.07.050, and did not provide identification as required in AS 15.07.060." Renumber the following bill sections accordingly. Page 6, following line 3: Insert a new bill section to read: "* Sec. 21. AS 15.20.081(f) is amended to read: (f) The director shall require a voter casting an absentee ballot by mail to provide proof of identification or other information to aid in the establishment of the voter's identity as prescribed by regulations adopted under AS 44.62 (Administrative Procedure Act). If the voter is a first-time voter who initially registered by mail, online, or by facsimile or other electronic transmission approved by the director under AS 15.07.050 and has not met the identification requirements set out in AS 15.07.060, the voter must provide one of the following forms of proof of identification: 2013-04-08 House Journal Page 0974 (1) a copy of a driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (2) a copy of a current utility bill, bank statement, paycheck, government check, or other government document; an item provided under this paragraph must show the name and current address of the voter." Renumber the following bill sections accordingly. Page 6, following line 26: Insert a new bill section to read: "* Sec. 24. AS 15.20.203(b) is amended to read: (b) An absentee ballot may not be counted if (1) the voter has failed to properly execute the certificate; (2) an official or the witnesses authorized by law to attest the voter's certificate fail to execute the certificate, except that an absentee ballot cast in person and accepted by an absentee voting official or election supervisor may be counted despite failure of the absentee voting official or election supervisor to properly sign and date the voter's certificate as attesting official as required under AS 15.20.061(c); (3) the ballot is not attested on or before the date of the election; (4) the ballot, if postmarked, is not postmarked on or before the date of the election; (5) after the day of election, the ballot was delivered by a means other than mail; or (6) the voter voted (A) in person and is a (i) first-time voter who initially registered by mail, online, or by facsimile or other electronic transmission approved by the director under AS 15.07.050, has not provided the identification required by AS 15.15.225(a), was not eligible for waiver of the identification requirement under AS 15.15.225(b), and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be verified through state agency records described in AS 15.07.055(e); or (ii) voter other than one described in (i) of this 2013-04-08 House Journal Page 0975 subparagraph, did not provide identification described in AS 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060(a)(2) and (3); or (B) by mail, online, or electronic transmission, is a first-time voter who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050 to vote, has not met the identification requirements set out in AS 15.07.060, and does not submit with the ballot a copy of a (i) driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (ii) current utility bill, bank statement, paycheck, government check, or other government document; an item described in this sub-subparagraph must show the name and current address of the voter." Renumber the following bill sections accordingly. Page 7, following line 15: Insert a new bill section to read: "* Sec. 27. AS 15.20.207(b) is amended to read: (b) A questioned ballot may not be counted if the voter (1) has failed to properly execute the certificate; (2) is a first-time voter who initially registered by mail, online, or by facsimile or other electronic transmission approved by the director under AS 15.07.050, has not provided the identification required by AS 15.15.225(a), was not eligible for waiver of the identification requirement under AS 15.15.225(b), and has not provided the identifiers required in AS 15.07.060(a)(2) and (3) that can be verified through state agency records described in AS 15.07.055(e); or (3) is a voter other than one described in (2) of this subsection, did not provide identification described in AS 15.15.225(a), was not personally known by the election official, and has not provided the identifiers required in AS 15.07.060(a)(2) and (3)." Renumber the following bill sections accordingly. 2013-04-08 House Journal Page 0976 Representative Kreiss-Tomkins moved and asked unanimous consent that Amendment No. 1 be adopted. There was objection. Representative Kreiss-Tomkins moved and asked unanimous consent to withdraw Amendment No. 1. There being no objection, it was so ordered. Amendment No. 2 was offered by Representatives Tarr and Kawasaki: Page 5, following line 23: Insert a new bill section to read: "* Sec. 13. AS 15.20.066(a) is amended to read: (a) The director shall adopt regulations applicable to the delivery of absentee ballots by electronic transmission in a state election and to the use of electronic transmission absentee voting in a state election by qualified voters. The regulations must (1) require the voter to comply with the same time deadlines as for voting in person on or before the closing hour of the polls; (2) permit a qualified voter to apply to vote an absentee ballot by electronic transmission at any time during a calendar year, subject to AS 15.20.081(b); (3) ensure the accuracy and, to the greatest degree possible, the integrity and secrecy of the ballot process." Renumber the following bill sections accordingly. Representative Tarr moved and asked unanimous consent that Amendment No. 2 be adopted. Representative Keller objected. The question being: "Shall Amendment No. 2 be adopted?" The roll was taken with the following result: CSHB 104(2d JUD) Second Reading Amendment No. 2 YEAS: 13 NAYS: 24 EXCUSED: 1 ABSENT: 2 2013-04-08 House Journal Page 0977 Yeas: Drummond, Edgmon, Gruenberg, Herron, Josephson, Kawasaki, Kerttula, Kreiss-Tomkins, LeDoux, Munoz, Nageak, Tarr, Tuck Nays: Austerman, Chenault, Costello, Feige, Foster, Gattis, Hawker, Holmes, Hughes, Isaacson, Johnson, Keller, Lynn, Millett, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, P.Wilson, T.Wilson Excused: Guttenberg Absent: Gara, Higgins And so, Amendment No. 2 was not adopted. Amendment No. 3 was offered by Representative Gruenberg: Page 8, line 25: Delete "third" Insert "second" Representative Gruenberg moved and asked unanimous consent that Amendment No. 3 be adopted. Representative Millett objected. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 104(2d JUD) Second Reading Amendment No. 3 YEAS: 9 NAYS: 25 EXCUSED: 1 ABSENT: 5 Yeas: Drummond, Gara, Gruenberg, Herron, Josephson, Kawasaki, Kerttula, Tarr, Tuck Nays: Austerman, Chenault, Costello, Edgmon, Feige, Foster, Gattis, Hawker, Holmes, Hughes, Isaacson, Johnson, Keller, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Seaton, Stoltze, Thompson, P.Wilson Excused: Guttenberg 2013-04-08 House Journal Page 0978 Absent: Higgins, Kreiss-Tomkins, Reinbold, Saddler, T.Wilson And so, Amendment No. 3 was not adopted. Representative Pruitt moved and asked unanimous consent that CSHB 104(2d JUD) be considered engrossed, advanced to third reading, and placed on final passage. There being no objection, it was so ordered. CSHB 104(2d JUD) was read the third time. The question being: "Shall CSHB 104(2d JUD) pass the House?" The roll was taken with the following result: CSHB 104(2d JUD) Third Reading Final Passage YEAS: 36 NAYS: 3 EXCUSED: 1 ABSENT: 0 Yeas: Austerman, Chenault, Costello, Drummond, Edgmon, Feige, Foster, Gara, Gattis, Gruenberg, Hawker, Herron, Higgins, Holmes, Hughes, Isaacson, Johnson, Kawasaki, Keller, Kreiss-Tomkins, LeDoux, Lynn, Millett, Munoz, Nageak, Neuman, Olson, Pruitt, Reinbold, Saddler, Seaton, Stoltze, Thompson, Tuck, P.Wilson, T.Wilson Nays: Josephson, Kerttula, Tarr Excused: Guttenberg And so, CSHB 104(2d JUD) passed the House. Representative Pruitt moved and asked unanimous consent that the roll call on the passage of the bill be considered the roll call on the effective date clause. There being no objection, it was so ordered. CSHB 104(2d JUD) was referred to the Chief Clerk for engrossment.