Legislature(2013 - 2014)CAPITOL 120
03/11/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB81 | |
| HB104 | |
| HB108 | |
| HB104 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | HB 81 | TELECONFERENCED | |
| += | HB 104 | TELECONFERENCED | |
| *+ | HB 108 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 104 - ELECTION PROCEDURES; REAA ADVISORY BOARDS
1:07:56 PM
CHAIR KELLER announced that the next order of business would be
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." [Before the committee was CSHB 104(STA);
adopted as the work draft on 2/27/2013 was the proposed
committee substitute (CS) for HB 104, Version 28-GH1983\O,
Bullard, 2/27/13.]
1:08:44 PM
GAIL FENUMIAI, Director, Central Office, Division of Elections,
Office of the Lieutenant Governor, explained that under
Version O, Section 1 of HB 104 would specify that the Division
of Elections may conduct an election for an advisory school
board in a regional educational attendance area (REAA) on the
first Tuesday in October. Currently the division conducts REAA
elections in 19 REAAs throughout the state. In response to
questions, she indicated that Section 1 is intended to provide
local advisory boards with the option of having the state
conduct the election instead of conducting it themselves.
MS. FENUMIAI explained that Section 2 of HB 104 would allow [a
person who meets certain statutory requirements but] who resides
outside the United States to register and vote absentee if
his/her parent or legal guardian was domiciled in Alaska
immediately before that parent or legal guardian also left the
United States. She relayed that this provision is intended to
apply to children who reach the age of majority while living
overseas with their parents or guardians. In response to
questions regarding Section 2's reference to AS 15.05.011(b)(2)-
(5), she noted that those referenced provisions specify - either
directly or via further statutory reference to AS 15.05.010(1)-
(2) - that such a person must be a citizen of the United States;
be 18 years of age or older; not have established a domicile, or
registered to vote, or voted in another state, territory, or
possession of the U.S. since leaving Alaska; and have a valid
passport, card of identity and registration, or other
identification issued under the authority of the United States
Secretary of State, and identification complying with the
requirements of Title 15. In response to comments and further
questions, she explained that Section 2 amends the provision
addressing the qualifications of overseas voters, and would not
impact the ability of a [foreigner] who is moving to the United
States, to register to vote, as long as he/she first meets the
statutory requirements of being a citizen of the United States,
of being 18 years of age or older, and of being a resident of
Alaska and of the house district in which he/she seeks to vote
for at least 30 days just before the election.
1:14:59 PM
MS. FENUMIAI explained that Section 3 of HB 104 would require
"poll" watchers to be registered to vote in Alaska.
REPRESENTATIVE LYNN relayed that he would be proposing an
amendment to Section 3.
REPRESENTATIVE LEDOUX referred to existing statutory language
included in Section 3, and expressed concern with its
stipulation that only candidates who are not representing a
political party may appoint their own poll watchers, whereas
candidates who are representing a political party may have their
poll watchers appointed by the party. She characterized this as
unfair, particularly as that stipulation would be applied in
primary elections wherein candidates from the same party run
against each other but the party doesn't necessarily support its
candidates equally.
REPRESENTATIVE LYNN indicated concurrence with Representative
LeDoux's concern.
REPRESENTATIVE GRUENBERG relayed that his concerns with
[Section 3 of Version O] were along the lines of those expressed
by the American Civil Liberties Union of Alaska (ACLU of Alaska)
in its written testimony [dated February 26, 2013, included in
members' packets].
MS. FENUMIAI explained that Section 4 of HB 104 would require
members of the state ballot counting review board to be
registered to vote in Alaska. She mentioned that during her 15-
year tenure with the division, all those whose names have been
forwarded by the parties for possible appointment to the board
have been so registered. Section 5 of HB 104 would stipulate
that the name of a person requesting an advisory opinion from
the Alaska Public Offices Commission (APOC) shall be kept
confidential and shall be redacted from the request and from the
opinion before they are made public. She offered her
understanding that an amendment to Section 5 would be
forthcoming. Section 6 of HB 104 would allow the division to
designate municipal clerks to serve as absentee voting officials
in municipalities where the division isn't operating an absentee
voting station. Currently, 49 municipal clerks serve in that
capacity, and in [seven locations] additional staff is hired to
assist the absentee voting officials. In response to questions
about the 15-day time period provided for in Section 6, she
explained that absentee voting in person is available 15 days
prior to an election, and absentee ballots are supplied to those
serving as absentee voting officials in advance of the start of
that 15-day period - at least 22 days prior to the election. In
response to a request, she agreed to provide a list of the
communities in which the aforementioned 49 municipal clerks have
been designated to serve as absentee voting officials.
1:22:18 PM
MS. FENUMIAI explained that Section 7 of HB 104 would clarify
that [regulations promulgated by the Division of Elections must
require] voters - except for uniformed services voters and
overseas voters - who wish to receive their ballots by
electronic transmission, to comply with the same deadlines for
applying for an absentee ballot as those set out for applying in
person for an absentee ballot. She indicated that the exemption
Section 7 provides for uniformed services voters and overseas
voters comports with a similar exemption provided for under
federal law. She then said that Section 8 of HB 104 "clarifies
that ballots are sent to voters as soon as they are available
for distribution, again with the exception of the uniformed
[services] ... and overseas voters, whose ballots, according to
federal law, must be mailed 45 days prior to the election."
[Note to the reader: Section 8's exemption regarding uniformed
services voters and overseas voters is provided via a statutory
reference to a proposed new subsection (k) being added to
AS 15.20.081 by Section 10 of the bill.]
MS. FENUMIAI explained that Section 9 of HB 104 would remove a
reference to [AS 15.20.081(h), the statute stipulating that
timely-cast] ballots returned by mail from outside the U.S. must
be received [not later than] 15 days after the election, so that
all mailed absentee ballots must be received [not later than] 10
days after the election. She noted that such voters are now
receiving their ballots about three weeks earlier than they used
to. Section 10 of HB 104 would add what she called "harmonizing
language" from federal law stipulating that ballots for
uniformed services voters and overseas voters shall be mailed 45
days prior to an election; and would add a stipulation that
ballots for voters living, working, or traveling outside the
U.S. or in a remote area of the state at election time shall
also be mailed 45 days prior to an election. She said that
Section 11 of HB 104 would amend current law related to the
mailing of what she called, "partial-count and reject letters,"
to include absentee ballots from a special election under
[proposed] AS 15.40.140 or a special runoff election.
Section 12 of HB 104 would amend current law related to free
access for absentee voters to check the status of their ballot,
to include ballots from a special election under [proposed]
AS 15.40.140 or a special runoff election.
1:24:20 PM
REPRESENTATIVE LEDOUX turned the committee's attention back to
Section 9 and questioned the rationale for reducing the time
period - from 15 days after the election, to 10 days after the
election - by which a [timely-cast] absentee ballot mailed from
outside the U.S. or from an overseas voter must be received in
order to be counted.
MS. FENUMIAI - noting that uniformed services voters and
overseas voters now get their ballots about three weeks earlier
than other absentee voters, and that there are now "more modern
ways for them to get their ballots electronically through online
ballot delivery, or still by fax" - indicated that the rationale
for reducing that time period is that doing so would assist the
division, particularly when preparing for the general election
after a primary election, due to other deadlines that the
division must meet. This proposed change, she assured the
committee, is not intended to disenfranchise any voters.
REPRESENTATIVE LEDOUX questioned how many timely-cast ballots
[from the 2012 election] would have been impacted by Section 9's
proposed change.
MS. FENUMIAI offered her understanding that there were 11 such
ballots from the 2012 general election.
REPRESENTATIVE LEDOUX, pointing out the lack of deadlines after
a general election, expressed disfavor with reducing the time
period currently provided for.
1:27:22 PM
MS. FENUMIAI, returning to her presentation, explained that
Section 13 of HB 104 would amend current law related to the
mailing of "partial-count and reject letters," to include [those
pertaining to] question ballots from a special election under
[proposed] AS 15.40.140 or a special runoff election. Section
14 of HB 104 would amend current law related to free access for
voters to check the status of their ballot, to include question
ballots from a special election under [proposed] AS 15.40.140 or
a special runoff election. Section 15 of HB 104 would amend
current law related to the mailing of "partial-count and reject
letters," to include [those pertaining to] question ballots from
a special election under [proposed] AS 15.40.140 or a special
runoff election. Section 16 of HB 104 would amend current law
related to free access for voters to check the status of their
ballot, to include question ballots from a special election
under [proposed] AS 15.40.140 or a special runoff election.
MS. FENUMIAI explained that Section 17 of HB 104 would remove
the reference to [the statute stipulating that timely-cast]
ballots returned by mail from outside the U.S. must be received
[not later than] 15 days after the election. Section 18 of
HB 104 would change the date of the primary election to the
second Tuesday in August. Section 19 of HB 104 would change the
deadline by which candidates in a primary election must [provide
notice of withdrawal from the primary in order to have their
names removed from the primary ballot,] to 52 days prior to the
election, rather than 48 days prior. Sections 20 and 21 of
HB 104 would change both the deadline by which [dead,
disqualified, or incapacitated] unopposed incumbent candidates
[may have their names replaced on the primary ballot] by party
petition, to [not later than] 54 days prior to the election,
rather than [not later than] 50 days prior; and one of the
deadlines by which such petition [shall be received, to not
later than] 52 days prior to the election, rather than [not
later than] 48 days prior. Sections 22 and 23 of HB 104 would
change the deadline by which [dead, withdrawn/resigned,
disqualified, or incapacitated] candidates nominated at a
primary election may have their names replaced [on the general
ballot by party petition, to not later than] 64 days prior to
the election, [rather than not later than 48 days prior].
MS. FENUMIAI explained that Section 24 of HB 104 would change
the deadline by which [candidates seeking nomination by petition
would be required to submit their documents,] to June 1; under
current law, candidates seeking nomination by petition must file
their [declaration of candidacy] by June 1, and must submit
"petition signatures" by 5:00 p.m. on the day of the primary
election. Section 25 of HB 104 would change the deadline by
which candidates [who have died or withdrawn shall have their
names removed from the general ballot,] to 64 days prior to the
election, rather than 48 days prior. In response to questions,
she indicated that Section 25's proposed change is necessary in
order to provide the division with adequate time to prepare and
mail general election ballots to uniformed services voters and
overseas voters by the federal deadline of 45 days prior to an
election. Section 26 of HB 104 would change the deadline by
which candidates seeking judicial retention [but who have
withdrawn shall have their names removed from the general
ballot,] to 64 days prior to the election, [rather than 48 days
prior].
1:30:35 PM
MS. FENUMIAI explained that Section 27 of HB 104 would amend
AS 15.40.140 with regard to requiring a special election [- and,
in certain situations, a special runoff election - under
proposed new AS 15.40.141 and AS 15.40.142] in order to fill a
vacancy in the office of U.S. senator or U.S. representative.
In response to a question, she acknowledged that candidates
required to run in a special runoff election could be from the
same political party. Section 28 of HB 104 would add two new
statutes addressing special elections and special runoff
elections for vacancies in the office of U.S. senator or U.S.
representative; proposed new AS 15.40.141 would require a
special runoff election if no candidate in such a special
election receives over 50 percent of the votes cast, with the
two candidates receiving the most votes then appearing on the
special runoff election ballot, and proposed new AS 15.40.142
would establish when such special elections and special runoff
elections shall occur. She paraphrased portions of Section 28's
proposed new AS 15.40.142 to illustrate; that proposed provision
read:
Sec. 15.40.142. Time of calling the special election
and the special runoff election. (a) Except as
provided in (c) of this section, if a special election
is called under AS 15.40.140, it shall be held on a
date not less than 60, nor more than 90, days after
the date the vacancy occurs.
(b) Except as provided in (c) of this section, a
special runoff election under AS 15.40.141 shall be
held on the first Tuesday that is not a state holiday
occurring not less than 60 days after the special
election.
(c) In an election year in which a candidate for
the vacant office is not regularly elected, and the
vacancy occurs on a date that is not less than 60, nor
more than 90, days before the date of
(1) the primary election, the special
election shall be held on the date of the primary
election with any subsequent special runoff election
under AS 15.40.141 to be held on the date of the
general election; or
(2) the general election, the special
election shall be held on the date of the general
election with any subsequent special runoff election
under AS 15.40.141 to be held on the first Tuesday
that is not a state holiday occurring not less than 60
days after the special and general election.
MS. FENUMIAI explained that Section 29 of HB 104 would amend
AS 15.40.160 to provide for the governor's proclamation of a
special election or a special runoff election. Section 30 of
HB 104 would amend AS 15.40.165 to add a special runoff election
as an election in which a U.S. Senator may be elected to fill an
unexpired term. Section 31 of HB 104 would amend AS 15.40.170
to add a special runoff election as an election in which a U.S.
Representative may be elected to fill an unexpired term.
Section 32 of HB 104 would amend AS 15.40.220 to add a special
runoff election [to the statute addressing] the general
provisions governing the conduct of a special election; this
provision also "appears to allow for write-in candidates in a
... special runoff election for U.S. senator or U.S.
representative," she added.
1:34:55 PM
MS. FENUMIAI explained that Section 33 of HB 104 would amend
current law to include a special runoff election as a type of
election at which a ballot measure [related to an initiative]
could appear on the ballot. Section 34 of HB 104 would amend
current law to include a special runoff election as a type of
election in which a ballot measure [related to a referendum]
could appear. Sections 35 and 36 of HB 104 would amend current
law to include a special runoff election as a type of election
for which a primary voter pamphlet would be produced if there
was a ballot measure appearing on the ballot. Section 37 of
HB 104 would add a new subsection (h) to AS 15.58.030, requiring
the lieutenant governor to publish [the photograph and statement
of a candidate] on the division's Internet web site at least 15
days prior to the election, [and include notification that] the
photograph and statement was paid for by the candidate.
Section 38 of HB 104 would amend the definition of the term,
"federal election" to include a special runoff election.
Section 39 of HB 104 would [in part] add definitions for the
terms, "absent uniformed services voter" and "overseas voter"
[via references to the federal definition of those terms].
MS. FENUMIAI explained that Section 40 of HB 104 would amend
Title 29 to allow the division to designate municipal clerks to
serve as absentee voting officials. Section 41 of HB 104 would
repeal the provision requiring that [timely-cast] ballots
postmarked from overseas be received by the division within 15
days following the election [in order to be counted]; would
repeal the provision allowing absentee ballot applications from
[absent] uniformed services voters and [absent] overseas voters
to be valid for two general elections - this proposed repeal
comports with changes made to federal law; and would repeal [the
provision requiring] that special absentee ballots be sent -
[this proposed repeal addresses the fact that under other
changes proposed by the bill], those who qualify for such a
ballot would instead be sent an official ballot 45 days prior to
an election. Section 42 of HB 104 would provide for an
effective date [of January 1, 2014].
MS. FENUMIAI - in response to questions regarding Section 41's
proposed repeal of [AS 15.20.081(i), the provision allowing for
absentee ballot applications from absent uniformed services
voters and absent overseas voters to be valid for two general
elections] - offered her understanding that the federal
government repealed the like federal provision because [such
voters] are transient and the address provided on the
application wouldn't necessarily be valid from one year to the
next. This comports with the division's experience as well, she
relayed, having had a lot of the correspondence sent to such
voters [in the second year] be returned as undeliverable; it's
best if such voters apply every year, like all other [absentee]
voters, so that the division is provided with the voter's most
current [address]. She offered to compile and provide related
statistics.
1:40:17 PM
LIBBY BAKALAR, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Juneau), Department of Law
(DOL), referring to Version O, explained that the DOL has
concerns with Section 24 of HB 104, proposing to repeal and
reenact AS 15.25.150 in order to change the deadline by which
[candidates seeking nomination by petition would be required to
submit certain documents,] from the date of the primary
election, to June 1 - a date before the primary election. A
review of past legal opinions by the attorney general and of
case law - specifically, two Alaska Superior Court cases, one
decided in 1988 and one decided in 1990 - indicate that because
candidates seeking nomination by petition cannot participate in
the primary election and appear only on the general election
ballot, imposing the same deadline [and therefore the same
subsequent behavioral limitations for the same periods of time]
as is imposed on those candidates who do get to participate in
the primary election, without also demonstrating sufficient
justification for doing so, is likely unconstitutional under
both the First Amendment to the U.S. Constitution and what she
termed, "the voting-rights clauses" of the Alaska State
Constitution. The DOL has previously opined that current law's
deadlines for candidates seeking nomination by petition - June 1
for the declaration of candidacy and most candidate information,
and the date of the primary election for the full petition with
voters' signatures - are likely constitutional; again,
Section 24's proposed new deadline may not be.
CHAIR KELLER relayed that an amendment pertaining to Version O's
Section 24 would be forthcoming, specifically to address that
point.
MS. BAKALAR, in response to questions, relayed that she has
reviewed the aforementioned ACLU of Alaska's written testimony,
and acknowledged that that testimony raises some valid concerns
[regarding Section 3 of the bill] because the [constitutions'
equal protection clauses] require - under what she called a
sliding-scale analysis - that there be a legitimate state
interest connected, in a fair and substantial way, to the
proposed change, and yet Section 3's proposed requirement that
poll watchers be registered voters doesn't necessarily bring to
mind any such connection.
1:44:50 PM
PADDY MCGUIRE, Deputy Director, Election Official Assistance,
Federal Voting Assistance Program (FVAP), U.S. Department of
Defense (DOD), expressed favor with Section 18 of HB 104 -
which, under Version O, is proposing to change the date of the
primary election to the second Tuesday in August -
characterizing it as critical for purposes of ensuring that
Alaska can comply with the federal requirement regarding
providing uniformed services voters [and overseas voters] with
absentee ballots 45 days prior to an election, particularly in
years wherein issues arise with the primary election. He also
expressed favor with Section 2 of the bill, characterizing it as
an important step towards enfranchising the children of U.S.
citizens [living abroad]. He acknowledged, though, that the
provision is one that would only narrowly apply.
MS. FENUMIAI, in response to a question, added her understanding
that under Section 2's proposed new AS 15.05.011(e), both
paragraph (1) and paragraph (2) must apply. She surmised that
the lack of the word, "and" on page 1, line 14, after the
semicolon at the end of paragraph (1), was merely a
typographical error.
CHAIR KELLER closed public testimony on HB 104.
1:51:09 PM
REPRESENTATIVE LYNN made a motion to adopt Amendment 1, labeled
28-GH1983\O.10, Bullard, 3/6/13, which read:
Page 1, line 1, following "procedures;":
Insert "relating to reporting of election
campaign contributions and expenditures;"
Page 3, following line 7:
Insert new bill sections to read:
"* Sec. 5. AS 15.13.074(c) is amended to read:
(c) A person or group may not make a
contribution
(1) to a candidate or an individual who
files with the commission the document necessary to
permit that individual to incur certain election-
related expenses as authorized by AS 15.13.100 when
the office is to be filled at a general election
before the date that is 18 months before the general
election;
(2) to a candidate or an individual who
files with the commission the document necessary to
permit that individual to incur certain election-
related expenses as authorized by AS 15.13.100 for an
office that is to be filled at a special election or
municipal election before the date that is 18 months
before the date of the regular municipal election or
that is before the date of the proclamation of the
special election at which the candidate or individual
seeks election to public office; or
(3) to any candidate later than the 45th
day
(A) after the date of the primary election
if the candidate was on the ballot and was not
nominated at the primary election; or
(B) after the date of the general election,
or after the date of a municipal or municipal runoff
election.
* Sec. 6. AS 15.13.110 is amended by adding a new
subsection to read:
(j) Before the primary election, a candidate
seeking nomination by petition under AS 15.25.140 -
15.25.200 for the office of governor, lieutenant
governor, state senator, or state representative shall
file the reports under (a)(1) and (2) of this
section."
Renumber the following bill sections accordingly.
1:51:57 PM
THOMAS WRIGHT, Staff, House Majority Office, Alaska State
Legislature, mentioning that he'd had discussions with the DOL,
offered his understanding that Amendment 1 to HB 104 would
address the DOL's concerns with Section 24 of Version O, with
the exception of one detail. Amendment 1 would in part - via
the addition of a proposed new subsection (j) to AS 15.13.110 -
require candidates seeking nomination by petition to file
reports both 30 days before and 7 days before the primary
election even though such candidates don't appear on the primary
election ballot; Amendment 1 would provide transparency
regarding their campaigns, similar to that provided for
candidates who do appear on the primary election ballot.
MR. WRIGHT, with regard to the aforementioned one detail,
recommended that Section 24 of Version O be deleted via a
conceptual amendment and the drafter be allowed to make any
conforming changes necessary as a result. In response to a
question, he indicated that [the drafter] has provided a written
legal opinion [regarding Section 24 of Version O].
CHAIR KELLER confirmed receipt of that written legal opinion.
REPRESENTATIVE GRUENBERG observed that Amendment 1 would insert
a new Section 5 and a new Section 6 [and would renumber the
remaining bill sections accordingly].
1:55:05 PM
ALPHEUS BULLARD, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), in response to a question regarding whether
Amendment 1 would comply with Alaska's single-subject rule for
legislation, explained that HB 104 addresses various election
practices and procedures, and offered his belief that that would
include campaign finance in the context of Alaska's elections.
REPRESENTATIVE GRUENBERG, in response to comments, [although no
objection to the motion was stated] announced that he was
removing his objection to the motion to adopt Amendment 1.
CHAIR KELLER ascertained that there were no further objections
to the motion, and announced that Amendment 1 was adopted.
1:56:06 PM
REPRESENTATIVE LYNN made a motion to adopt Conceptual
Amendment 2, to delete Section 24 of Version O. There being no
objection, Conceptual Amendment 2 was adopted.
CHAIR KELLER said, "Section 24 is deleted as part of a
conceptual amendment to go with Amendment 1."
MR. WRIGHT again pointed out that the drafter should also be
given the latitude to make any necessary conforming changes
related to the deletion of [Section 24].
CHAIR KELLER said, "So moved unless there's an objection; yeah,
so [thank you,] we're fine with that - thank you."
1:56:39 PM
REPRESENTATIVE LYNN made a motion to adopt Amendment 3, labeled
28-GH1983\O.11, Bullard, 3/11/13, which read:
Page 2, line 17:
Delete "registered to vote in the state"
Insert "a United States citizen"
Page 3, lines 2 - 3:
Delete "registered to vote in the state"
Insert "United States citizens"
CHAIR KELLER ascertained that there were no objections, and
announced that Amendment 3 was adopted.
1:57:45 PM
REPRESENTATIVE LYNN made a motion to adopt Amendment 4, labeled
28-GH1983\O.9, Bullard, 3/4/13, which read:
Page 3, lines 10 - 13:
Delete "except that the name of a person
requesting an advisory opinion shall be kept
confidential, and the commission shall redact the name
of the requester from a request and from an advisory
opinion before making the request and opinion public"
Insert "except that if a person requesting an
advisory opinion requests that the person's name be
kept confidential, the person's name shall be kept
confidential and the commission shall redact the name
of the requester from the request and from the
advisory opinion before making the request and opinion
public"
REPRESENTATIVE LYNN explained that under Amendment 4,
Version O's proposed AS 15.13.374(f) would instead stipulate
that in order for the name of a person requesting an advisory
opinion from the Alaska Public Offices Commission (APOC) to be
kept confidential and to be redacted from the request and from
the opinion before they are made public, the person must so
request it.
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG characterized Amendment 4 as a really
good amendment.
CHAIR KELLER removed his objection, ascertained that there were
no further objections, and indicated that Amendment 4 was
adopted.
1:59:55 PM
REPRESENTATIVE GRUENBERG [made a motion to adopt] Conceptual
Amendment 5, to add the word, "and" on page 1, line 14, after
the semicolon. This would address the typographical error
previously noted by Ms. Fenumiai, and would clarify that under
Section 2's proposed new AS 15.05.011(e), both paragraph (1) and
paragraph (2) must apply.
CHAIR KELLER ascertained that there were no objections.
[Although not formally stated, Conceptual Amendment 5 was
treated as having been adopted.]
2:00:44 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 6,
labeled 28-GH1983\O.6, Bullard, 3/4/13, which read:
Page 2, following line 2:
Insert new bill sections to read:
"* Sec. 3. AS 15.10.105(a) is amended to read:
(a) The division of elections is created. The
lieutenant governor shall control and supervise the
division of elections. The lieutenant governor shall
appoint a director of elections. The director shall
act for the lieutenant governor in the supervision of
central and regional election offices, the hiring,
performance evaluation, promotion, termination, and
all other matters relating to the employment and
training of election personnel, and the administration
of all state elections as well as each municipal
election [THOSE MUNICIPAL ELECTIONS] that the state is
required to conduct. The director is responsible for
the coordination of state responsibilities under 42
U.S.C. 1973gg (National Voter Registration Act of
1993). The director serves at the pleasure of the
lieutenant governor.
* Sec. 4. AS 15.10.105 is amended by adding a new
subsection to read:
(c) The director shall establish by regulation
the date before which a municipality must notify the
director of its decision to have the division conduct
a municipal election and the date before which a
municipality must provide the director with ballot
information for the municipal election. If a municipal
governing body has adopted an ordinance establishing
the date of the state primary or general election as
the date of the municipality's election and has
otherwise complied with this subsection, the director
shall conduct the municipal election under AS 15
(Election Code), and the state shall pay the costs of
administering the election."
Renumber the following bill sections accordingly.
Page 13, following line 22:
Insert new bill sections to read:
"* Sec. 43. AS 29.26.010 is amended to read:
Sec. 29.26.010. Administration. Except as
provided in (b) of this section, the [THE] governing
body shall prescribe the rules for conducting an
election and shall appoint an election board composed
of at least three judges for each precinct. A judge
shall be a voter of the precinct for which appointed
unless no voter is willing to serve.
* Sec. 44. AS 29.26.010 is amended by adding a new
subsection to read:
(b) If the governing body has adopted an
ordinance to have the state conduct a municipal
election under AS 15.10.105(c), the director of
elections shall conduct the election, and the state
shall pay the costs of administering the election.
However, if a runoff election is required under
AS 29.26.060, the runoff election may not be conducted
by the director of elections, and the state may not
pay the costs of the election, unless the regular
municipal election is on the date of the state primary
election under AS 15.25.020, and the municipality
adopts an ordinance making the date of the runoff
election the date of the state general election under
AS 15.15.020."
Renumber the following bill sections accordingly.
CHAIR KELLER objected.
REPRESENTATIVE GRUENBERG acknowledged that adoption of
Amendment 6 might require that conforming changes be made with
regard to Section 1 of the bill, and relayed that he was not
prepared to address that issue at this time.
REPRESENTATIVE GRUENBERG therefore then withdrew Amendment 6.
2:02:12 PM
REPRESENTATIVE GRUENBERG referred to a proposed amendment
included in members' packets, labeled 28-GH1983\O.5, Bullard,
3/4/13, and relayed that he would not be offering it at this
time; that proposed amendment read:
Page 4, following line 25:
Insert a new bill section to read:
"* Sec. 10. AS 15.20.081(i) is repealed and
reenacted to read:
(i) An absentee ballot application submitted by
a qualified voter or on behalf of a qualified voter is
valid through the two general elections following the
date the application is submitted. If a voter casts an
absentee ballot in accordance with (d) - (f) of this
section, the voter's absentee ballot application
remains valid through the two general elections
following the election in which the ballot was cast.
However, nothing in this subsection requires the
director or an election supervisor to send an absentee
ballot to a voter after the director or election
supervisor has received actual notice that mail sent
to the permanent mailing address of the voter, or a
different address provided by the voter, is
undeliverable to the voter at that address."
Renumber the following bill sections accordingly.
Page 13, line 23:
Delete ", 15.20.081(i),"
MR. MCGUIRE - in response to a question regarding Section 41's
proposed repeal of AS 15.20.081(i), which allows for absentee
ballot applications from absent uniformed services voters and
absent overseas voters to be valid for two general elections -
explained that the like federal provision was repealed because
of a concern that state and local governments were spending huge
amounts of money and resources sending [absentee] ballots to
invalid addresses. Furthermore, because [deployed military
personnel] are so transient, the DOD has been spending a lot of
resources encouraging such voters to fill out absentee ballot
applications every year anyway. Reducing the applicability
period for such applications therefore made sense.
REPRESENTATIVE GRUENBERG - remarking on the size of Alaska, on
the difficulty of getting to the polls, and on the fact that
[many] Alaskans therefore customarily vote absentee - indicated
an interest in making all absentee ballot applications be valid
for two years. He asked whether the federal government had
given that any consideration, particularly with regard to people
who are less mobile and therefore more dependent, or at least as
dependent, on voting absentee by mail.
MR. MCGUIRE offered his understanding that it had not.
2:05:45 PM
REPRESENTATIVE LEDOUX expressed interest in adopting a
conceptual amendment to Section 3 of HB 104 such that in primary
elections, each candidate may select his/her own poll watcher.
CHAIR KELLER, in response to a question, indicated that his
preference would be to have an amendment drafted to that effect.
REPRESENTATIVE GRUENBERG suggested that a new proposed CS
incorporating the amendments adopted thus far be drafted.
CHAIR KELLER acknowledged that suggestion.
[HB 104, Version O as amended, was held over until later in the
meeting.]
HB 104 - ELECTION PROCEDURES; REAA ADVISORY BOARDS
2:48:46 PM
CHAIR KELLER announced that as the final order of business, the
committee would return to the hearing on 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." [Before the committee was CSHB 104(STA); adopted as the
work draft on 2/27/2013 and amended earlier in the meeting today
was the proposed committee substitute (CS) for HB 104, Version
28-GH1983\O, Bullard, 2/27/13.]
CHAIR KELLER offered his understanding that the drafter was
seeking clarification regarding Conceptual Amendment 2. He
added, "That was the one ... where we deleted Section 24, and
gave discretion to the drafter to make conforming amendments."
2:49:54 PM
REPRESENTATIVE LYNN made a motion that the committee rescind its
action in adopting Conceptual Amendment 2.
CHAIR KELLER objected.
2:50:08 PM
ALPHEUS BULLARD, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), clarified that he was merely seeking permission to
make conforming changes to Amendment 1 in light of the adoption
of Conceptual Amendment 2.
REPRESENTATIVE LYNN [withdrew] his motion.
CHAIR KELLER, in response to comments, indicated a preference
for providing the drafter with permission to make necessary
conforming changes. He made a motion but then sought
clarification regarding what the motion should be.
MR. BULLARD reiterated that he was merely seeking permission to
make conforming changes to Amendment 1 in light of the adoption
of Conceptual Amendment 2.
REPRESENTATIVE GRUENBERG, in response to comments, suggested
that a committee substitute (CS) incorporating all the
amendments adopted thus far be drafted, along with a proposed
amendment addressing any necessary conforming changes.
MR. BULLARD sought confirmation that he was to draft a new CS
incorporating all the amendments adopted thus far except for
Amendment 1, and also draft a new amendment with conforming
changes already included to take the place of Amendment 1.
CHAIR KELLER [initially] concurred.
The committee took an at-ease from 2:54 p.m. to 2:55 p.m.
CHAIR KELLER clarified that instead, the committee would not be
rescinding any of its actions, and a new CS incorporating all
the amendments adopted thus far would be drafted, as well as a
new amendment addressing any necessary conforming changes; the
committee could then consider whether to adopt those proposed
conforming changes during the bill's next hearing.
[HB 104, Version O as amended, was held over.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 104 (JUD) ver. O.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 104 |
| CSHB 108 Sponsor Statement.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| CSHB 108 Sectional Analysis.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| CSHB 108 Explanation of Changes.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| CSHB 108 ver. O.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 Sponsor Statement.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 Sectional Analysis.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 ver U.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 Fiscal Note-Dept. Public Safety.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 Fiscal Note-Dept. of Administration.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 Letter of Support Lake County Circuit Court.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 Letter of Support Dupage County.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |
| HB 108 Letter of Support-Fairbanks Police.pdf |
HJUD 3/11/2013 1:00:00 PM |
HB 108 |