Legislature(2013 - 2014)CAPITOL 120
04/09/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB56 | |
| HB3 | |
| HB54 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 56 | TELECONFERENCED | |
| += | HB 54 | TELECONFERENCED | |
| += | HB 3 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 3 - PHOTO IDENTIFICATION VOTING REQUIREMENT
1:28:54 PM
CHAIR KELLER announced that the next order of business would be
HOUSE BILL NO. 3, "An Act relating to voter identification at
the polls; and relating to the counting of absentee and
questioned ballots."
1:29:04 PM
REPRESENTATIVE LYNN, speaking as one of the joint prime
sponsors, characterized HB 3 as a good bill, and offered his
understanding that nothing in it would prevent anybody who is
registered to vote and who is motivated to vote, from voting.
He said, "They can identify themselves by photo ...
[identification (ID)], two forms of non-photo ID; they can be
recognized by two election workers or cast a question ballot."
"It's our intent not to disenfranchise anybody, but safeguard
our precious right to vote in this state," he remarked, and
urged the committee's favorable consideration of HB 3.
1:29:46 PM
REPRESENTATIVE FOSTER made a motion to adopt Amendment 1,
labeled 28-LS0010\U.2, Bullard, 4/6/13, which read:
Page 1, line 4, through page 2, line 29:
Delete all material and insert:
"* Section 1. AS 15.15.225(a) is amended to read:
(a) Before being allowed to vote, each voter
(1) in a community that has a population of
less than 5,000 shall exhibit to an election official
one form of identification, including
(A) [(1)] an official voter registration
card, driver's license, state identification card,
current and valid photo identification, birth
certificate, passport, or hunting or fishing license;
or
(B) [(2)] an original or a copy of a
current utility bill, bank statement, paycheck,
government check, or other government document; an
item exhibited under this paragraph must show the name
and current address of the voter;
(2) in a community that has a population of
5,000 or more shall exhibit to an election official
(A) one form of personal identification
that contains a photograph; under this paragraph,
permitted forms of photographic identification include
a valid
(i) Alaska driver's license;
(ii) identification card issued by a
branch, department, agency, or entity of the state,
any other state, or the United States government;
(iii) United States passport;
(iv) employee identification card issued by
any branch, department, agency, or entity of the
United States government, the state, or a municipality
of the state;
(v) United States military identification
card;
(vi) student identification card issued by
a high school or an accredited institution of higher
education, as that term is defined under AS 23.20.520,
located in the state;
(vii) tribal identification card; or
(B) two forms of personal identification
that do not contain a photograph; under this
paragraph, permitted forms of identification without a
photograph include
(i) the original or a certified copy of the
birth certificate of the voter;
(ii) certified naturalization documents of
the voter;
(iii) a certified copy of the voter's court
record of adoption, marriage, or name change;
(iv) a valid identification card, license,
or permit issued by any branch, department, agency, or
entity of the United States government or the state;
(v) a valid tribal identification card or a
valid card issued by an Indian health program, as that
term is defined in 25 U.S.C. 1603.
* Sec. 2. AS 15.15.225(b) is amended to read:
(b) In a community that has a population of less
than 5,000, an [AN] election official may waive the
identification requirement if the election official
knows the identity of the voter. In a community that
has a population of 5,000 or more, the identification
requirement may only be waived if two election
officials know the voter. The identification
requirement may not be waived for voters who are not
on the precinct voter registration list or for voters
who are first-time voters who initially registered by
mail 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. If the identification requirements are
waived for a voter under this subsection, the election
official or officials who know the voter shall sign
beside the voter's name in the register kept under
AS 15.15.180."
Renumber the following bill sections accordingly.
CHAIR KELLER objected.
REPRESENTATIVE FOSTER - referring to what he termed the unique
circumstances/situations faced by those living in rural Alaska,
and remarking that some of the rural communities in his district
have a population of less than 100 - explained that Amendment 1
would exempt communities with a population of less than 5,000
from the [voter-identification] requirements outlined in HB 3,
essentially leaving the current statutory requirements in place
for voters living in such communities. Under current law,
things like hunting licenses and utility bills, for example, are
also sufficient to establish identification for purposes of
voting, and in order for the statutory voter-ID requirements to
be waived, only one election official need know the voter. He
acknowledged, however, that a memorandum from Legislative Legal
and Research Services dated April 7, 2013, indicates that
Amendment 1 would raise constitutional equal-protection problems
by establishing different identification requirements in
different areas of the state [based on population].
REPRESENTATIVE FOSTER therefore then withdrew Amendment 1.
REPRESENTATIVE GRUENBERG opined, however, that because of the
lack of accessibility in rural areas of Alaska to identification
resources, if the state could demonstrate to the court that a
fundamental right is at issue and that providing for different
identification requirements is the appropriate approach to
ensure that right given that lack, then the changes proposed by
Amendment 1 might indeed withstand a constitutional challenge.
Furthermore, if Amendment 1 were to be adopted, a severability
clause could also be added to the bill.
REPRESENTATIVE FOSTER relayed that he would instead be pursuing
the issues addressed by Amendment 1 further as HB 3 continues
through the process.
1:36:31 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2,
labeled 28-LS0010\U.1, Bullard, 4/4/13. He offered his
understanding that Amendment 2 would make it a little easier for
people to register to vote. [Because of its length, Amendment 2
is provided at the end of the minutes on HB 3.]
CHAIR KELLER ruled Amendment 2 out of order in that its text
constitutes legislation currently in the possession of another
committee.
1:38:31 PM
JEFFREY A. MITTMAN, Executive Director, American Civil Liberties
Union of Alaska (ACLU of Alaska), noting that he'd previously
testified on HB 3 and provided the committee with written
comments, reiterated that the ACLU of Alaska believes that there
are several constitutional infirmities with the bill.
CHAIR KELLER closed public testimony on HB 3.
REPRESENTATIVE FOSTER referred to some of the items in HB 3's
proposed lists of acceptable forms of required identification,
and pointed out that many people living in rural Alaska -
particularly many Native elders - don't have any such pieces of
identification or any way to obtain them. Furthermore, in some
rural communities, finding even one person to serve as an
election official can be difficult, thereby raising a concern
regarding the bill's proposal to require two election officials
to know the person for purposes of waiving the identification
requirements. "I just want to be ... expansive and inclusive
... [of folks] being able to vote, and ... things are so
different in rural Alaska ... you really don't need ID," he
remarked.
REPRESENTATIVE LYNN, in conclusion, said the whole purpose of
HB 3 is to help safeguard Alaska's voting process.
1:42:46 PM
REPRESENTATIVE PRUITT moved to report HB 3 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HB 3 was reported from the House
Judiciary Standing Committee.
AMENDMENT(S)
Amendment 2 [Labeled 28-LS0010\U.1, Bullard, 4/4/13] (ruled
out of order):
Page 1, line 1, following "An Act":
Insert "relating to voter registration and
questioned ballots; permitting a voter to register up
to or on the day of an election;"
Page 1, following line 3:
Insert new bill sections to read:
"* Section 1. AS 15.05.010 is amended to read:
Sec. 15.05.010. Voter qualification. A person may
vote at any election who
(1) is a citizen of the United States;
(2) is 18 years of age or older;
(3) has been a resident of the state and of
the house district in which the person seeks to vote
for at least 30 days just before the election; and
(4) has registered [BEFORE THE ELECTION] as
required under AS 15.07 and is not registered to vote
in another jurisdiction.
* Sec. 2. AS 15.07.070(d) is amended to read:
(d) Qualified voters may register in person
before a registration official or through a voter
registration agency at any time throughout the year. A
qualified voter who registers [, EXCEPT THAT A PERSON
REGISTERING] within 30 days preceding an election or
on the day of an election shall vote a questioned
ballot [IS NOT ELIGIBLE TO VOTE] at that election.
Upon receipt and approval of the registration forms,
the director or the election supervisor shall forward
to the voter an acknowledgment in the form of a
registration card, and the voter's name shall
immediately be placed on the master register. Names of
persons registering 30 or more days before an election
shall be placed on the official registration list for
that election.
* Sec. 3. AS 15.07.090(d) is repealed and reenacted
to read:
(d) A voter who has failed to request a transfer
as provided in (c) of this section or a person who
claims to be a registered voter, but for whom no
evidence of registration in the precinct can be found,
shall vote a questioned ballot. The director or the
director's representative shall determine whether a
voter for whom no evidence of registration in the
precinct is found is registered in that house district
before counting the ballot.
* Sec. 4. AS 15.15 is amended by adding a new
section to read:
Sec. 15.15.212. Election day voting by questioned
ballot outside a voter's house district. (a)
Notwithstanding AS 15.05.010(3), a qualified voter who
has been a resident of the state and of a house
district for at least 30 days before an election, but
who is absent from that house district on election
day, may vote a questioned ballot at a polling place
outside that district on election day.
(b) For purposes of (a) of this section, the
director shall
(1) supply all polling places with ballots
for all house districts in the state; the director may
provide the ballots under AS 15.15.032, 15.15.050, or
AS 15.20.030;
(2) provide each voting official with a
means of determining, by address, the appropriate
house district ballot for a qualified voter voting a
questioned ballot under this section; and
(3) provide each polling place with a
separate ballot box for questioned ballots cast under
this section.
* Sec. 5. AS 15.15.215(a) is amended to read:
(a) A voter who casts a questioned ballot in the
voter's house district shall vote the ballot in the
same manner as prescribed for other voters. The voter
shall insert the ballot into a secrecy sleeve and put
the secrecy sleeve into an envelope on which the
statement the voter previously signed is located. The
envelope shall be sealed and deposited in the ballot
box. When the ballot box is opened, the envelopes
shall be segregated, counted, compared to the voting
list, and delivered to the official or body
supervising the election. The merits of the question
shall be determined by this official or body in
accordance with the procedure prescribed for
questioned ballots [VOTES] in AS 15.20.207.
* Sec. 6. AS 15.15.215 is amended by adding a new
subsection to read:
(c) A voter who casts a questioned ballot at a
polling place outside the voter's house district under
AS 15.15.212 shall vote the ballot in the same manner
prescribed for other voters. The voter shall insert
the ballot into a secrecy sleeve and put the secrecy
sleeve into an envelope on which the statement the
voter previously signed is located. The envelope shall
be sealed and deposited in a ballot box provided by
the director under AS 15.15.212(b) for out-of-district
questioned ballots. When the ballot box is opened, the
envelopes shall be segregated, counted, and delivered
to the director."
Page 1, line 4:
Delete "Section 1"
Insert "Sec. 7"
Renumber the following bill sections accordingly.
Page 2, following line 29:
Insert new bill sections to read:
"* Sec. 9. AS 15.15.350(a) is amended to read:
(a) The director may adopt regulations
prescribing the manner in which the precinct ballot
count is accomplished so as to ensure accuracy in the
count and to expedite the process. The election board
shall account for all ballots by completing a ballot
statement containing (1) the number of official
ballots received; (2) the number of official ballots
voted; (3) the number of official ballots spoiled; (4)
the number of official ballots unused and either
destroyed or returned for destruction to the elections
supervisor or the election supervisor's designee. The
board shall count the number of questioned ballots
cast by voters registered to vote in the house
district and compare that number to the number of
questioned voters in the register. Discrepancies shall
be noted and the numbers included in the certificate
prescribed by AS 15.15.370. The election board, in
hand-count precincts, shall count the ballots in a
manner that allows watchers to see the ballots when
opened and read. A person handling the ballot after it
has been taken from the ballot box and before it is
placed in the envelope for mailing may not have a
marking device in hand or remove a ballot from the
immediate vicinity of the polls.
* Sec. 10. AS 15.15 is amended by adding a new
section to read:
Sec. 15.15.367. Counting and review of out-of-
district questioned ballots. The director shall
examine each questioned ballot cast under AS 15.15.212
in the manner provided in AS 15.20.207(b). If a
questioned ballot is not rejected, it shall be
counted, subject to AS 15.15.360. A questioned ballot
cast under AS 15.15.212 may be challenged by an
appointed party representative when that ballot is
reviewed under AS 15.20.220(b). The director shall
follow the procedures provided by AS 15.20.207(h) -
(k) for ballots reviewed under this section."
Renumber the following bill sections accordingly.
Page 4, following line 21:
Insert a new bill section to read:
"* Sec. 13. AS 15.15.198(b) is repealed."
[End of amendment(s); HB 3 was reported from the House Judiciary
Standing Committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 3 Proposed Amendment U.2.pdf |
HJUD 4/9/2013 1:00:00 PM |
HB 3 |
| HB 3 Proposed Amendment U.1.pdf |
HJUD 4/9/2013 1:00:00 PM |
HB 3 |
| CSSB 56 (JUD) Amendment C.9.pdf |
HJUD 4/9/2013 1:00:00 PM |
SB 56 |