Legislature(2013 - 2014)CAPITOL 106
02/19/2013 08:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB104 | |
| HB10 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 104 | TELECONFERENCED | |
| += | HB 10 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 104-ELECTION PROCEDURES; REAA ADVISORY BOARDS
8:07:24 AM
CHAIR LYNN announced that the first order of business was 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."
8:07:28 AM
REPRESENTATIVE KELLER moved to adopt the proposed committee
substitute (CS) for HB 104, Version 28-GH1983\N, Bullard,
2/15/13, as a work draft. [No objection was stated, and Version
N was considered before the committee.]
8:07:57 AM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, presented the sectional analysis for
Version N to HB 104 [included in the committee packet], and
brought attention to Section 1 of the sectional analysis, which
read as follows [original punctuation provided]:
Section 1 - specifies that the division may conduct
elections for advisory school boards in regional
educational attendance areas.
MS. FENUMIAI said the division already conducts regional
attendance area elections the first Tuesday of October in
approximately 19 regional educational attendance areas (REAAs).
She continued to Section 2 in the analysis, which read as
follows [original punctuation provided]:
Section 2 - allows a child turning 18 who resides
outside the U.S. to register and vote absentee if
their parent or guardian was domiciled in Alaska
immediately before leaving the U.S. This section is
aimed at voters who turn 18 while living abroad with
their parents or guardians.
MS. FENUMIAI, in response to Chair Lynn, confirmed that many of
those children are military dependents living abroad, but some
are children of parents who have jobs overseas but maintain
their registered voter status in Alaska. She turned attention
to Sections 3-6 of the sectional analysis, which read as follows
[original punctuation provided]:
Section 3 - Amends AS 15.10.170 to require that po1l
watchers be persons that are registered to vote in the
state.
Section 4 - Amends AS 15.10.180 to require that
persons on the state ballot counting review board be
registered voters in the state.
Section 5 - Amends AS 15.13.374(f) to provide that the
name of a person requesting an advisory opinion from
the Alaska Public Offices Commission is confidential
and must be redacted from both the request and the
opinion before the opinion is made public.
Section 6 - allows the division to designate municipal
clerks to serve as absentee voting officials in
municipalities where the division does not have an
absentee voting station.
MS. FENUMIAI, regarding Section 3, pointed out that to date, no
one who has served on the ballot counting review board has not
been a registered voter. She said the political parties in
Alaska are allowed to present the division with "some names of
people who can serve on the review board." Regarding Section 6,
she said currently many municipal clerks serve as absentee
voting officials in municipalities where the division does not
have absentee voting stations and to provide voting to all
voters 15 days before and including Election Day.
8:10:40 AM
MS. FENUMIAI directed attention to Section 7 of the sectional
analysis, which read as follows [original punctuation provided]:
Section 7 - clarifies that voters (other than
uniformed services voters or overseas voters) who wish
to receive their ballot by electronic transmission
must comply with the same ballot application deadlines
applicable to absentee voting in person.
MS. FENUMIAI explained that someone who is not a member of the
military or overseas voter must wait until 15 days before the
election to receive a ballot electronically, whereas members of
the military and uniformed, overseas citizens can apply anytime
throughout the calendar year per federal law. She returned to
the Section Analysis, to Section 8, which read as follows
[original punctuation provided]:
Section 8 - clarifies that ballots are sent to voters
as soon as they are available for distribution with
the exception of uniformed services and overseas
voters whose ballots must be mailed 45 days prior to
the election.
MS. FENUMIAI, in response to the chair, clarified that the
division currently follows that federal law, but thinks it is
best to put it into state law, as well. She said the federal
requirement has been in place since November 2010. She directed
attention to Section 9 of the sectional analysis, which read as
follows [original punctuation provided]:
Section 9 - removes the reference to receipt of by-
mail ballots (postmarked from overseas) 15 days
following the election.
MS. FENUMIAI said the division is proposing that be removed,
because "they are getting their ballots about three weeks
earlier than normal, and we feel that they are having plenty of
time to return their ballots." She indicated that [under HB
104], all ballots would be due back 10 days following the
election, which would assist the division in closing out the
primary in time to prepare for the general election. In
response to Chair Lynn, she said the division waits to count the
absentee ballots turned in until after doing the voter history
of people who have voted at their polling places, to ensure that
there are not any people who voted both at the polling place and
absentee or absentee in person.
8:13:09 AM
REPRESENTATIVE HUGHES expressed concern that under Version N of
HB 104, there may not be sufficient time for an overseas voter's
ballot, postmarked on Election Day, to reach the division in
time to be counted.
MS. FENUMIAI said there is a slight possibility that might
happen; however, she said she cannot guess how often. She
reported that the number of ballots received between day 10 and
15 is small. She noted that the State of Alaska has one of the
more liberal policies for receiving by-mail ballots post-
Election Day; many states require receipt of ballots by close of
polls on Election Day. She said the division feels that many of
the military and overseas voters, by receiving ballots about
three weeks ahead of time, are timely in returning their
ballots. In response to a follow-up question, she said the
division would be proactive in getting the word out to voters
about the time requirements of postmarking and returning their
ballots.
REPRESENTATIVE HUGHES surmised that mail service to Alaska takes
longer; therefore, she opined that it would be important to
"have a greater allowance than other states."
MS. FENUMIAI responded that she has no knowledge regarding mail
service taking longer to get overseas. She emphasized, "That
extra five days at the end of the primary election does push the
division to the limit to be able to get ... the election
certified, because we can't start the certification process
until after all those ballots are in and counted in order to
meet that 45-day deadline for the General Election." In
response to Representative Hughes, she said she would have to
research to find out how many of the ballots are currently
coming in between the tenth and fifteenth days after the
election. In response to the chair, she reiterated that it is a
very small number.
REPRESENTATIVE HUGHES clarified her request is to know how many
of those ballots that are received by the division between the
tenth and fifteenth days after election have been mailed from
overseas.
8:16:31 AM
REPRESENTATIVE ISAACSON, regarding Section 7, asked why there
are different timelines set between uniformed and non-uniformed
overseas citizens.
MS. FENUMIAI answered that it would be up to the Alaska State
Legislature to decide whether to change the timelines. She
stated that [the Uniform Overseas Citizens Absentee Voting Act
(UOCAVA)] applies only to uniformed overseas citizens. She
continued:
Forty-five days mailing a ballot - delivering a ballot
to them - they can apply any time during the calendar
year to receive their ballot electronically. And our
current state law just allows for those voters that
are non-UOCAVA to wait until the 15-day period before
the election to apply.
REPRESENTATIVE ISAACSON asked what the advantage is to the
military person to have a much more liberal time period.
MS. FENUMIAI deferred to Paddy McGuire of the Federal Assistance
Voting Program to answer that question.
8:18:17 AM
MS. FENUMIAI returned to the sectional analysis, to Section 10,
which read as follows [original punctuation provided]:
Section 10 - adds harmonizing language from federal
law that ballots for uniformed services and overseas
voters will be mailed 45 days prior to an election.
Also adds that voters living, working, traveling
outside the U.S. at election time or those living in
remote areas of the state will have a ballot mailed 45
days prior to an election.
CHAIR LYNN queried as to the definition of "remote area".
MS. FENUMIAI said she would find the definition in statute.
8:19:09 AM
CHAIR LYNN, in response to Representative Keller, related that
the language of Section 5 [text provided previously] was added
to Version N at his request to prevent people who request an
advisory opinion from being publicly attacked. He posited that
it is important that people not be reluctant to ask for an
advisory opinion from the Alaska Public Offices Commission
(APOC). He surmised that 99 times out of 100 the answer to the
question asked "applies to everyone."
8:21:11 AM
MS. FENUMIAI, regarding the definition of "remote area", brought
the committee's attention to [AS 15.20.082(a)], in which the
term is used as follows [original punctuation provided]:
(a) The director shall prepare special absentee
ballots under this section for use in a state primary
election, a state general election, and a state
special election when the voter notifies the director
in writing that the voter expects to be living,
working, or traveling outside the United States at the
time of the election, or in a remote area of the state
where distance, terrain, or other natural conditions
deny the voter reasonable access to a polling place at
the time of the election. ...
MS. FENUMIAI brought attention to Sections 11 and 12 in the
sectional analysis, which read as follows [original punctuation
provided]:
Section 11 - removes the reference to receipt of by-
mail ballots (postmarked from overseas) 15 days
following the election.
Section 12 - changes the date of the primary election
to the second Tuesday in August (currently is the
fourth Tuesday in August).
MS. FENUMIAI, in response to Chair Lynn, explained the purpose
of Section 12 is to ensure that the division will be able to
comply with the 45-day ballot mailing for the General Election.
Currently, she said, there is a three-day window in which to get
the ballots mailed for the General Election per federal law.
She indicated that recounts and court challenges can push the
division close to exceeding the current time limit.
8:22:50 AM
MS. FENUMIAI moved on to Sections 13 through 19 of the sectional
analysis, which read as follows [original punctuation provided]:
Section 13 - changes the withdrawal date for primary election
candidates to 52 days prior to the primary election (currently
is 48 days).
Sections 14 and 15 - change the date to replace unopposed
incumbent candidates to 54 days prior to the primary election
(currently is 50 days) and filling of vacancy by party petition
to 52 days prior to the primary election (currently is 48 days).
Sections 16 and 17 - change the date to replace a candidate
nominated at the primary election to 64 days before the general
election (currently is 48 days).
Section 18 - changes the withdrawal date for a candidate
appearing on the general election ballot to 64 days prior to the
general election (currently is 48 days).
Section 19 - changes the withdrawal date for judicial candidates
to 64 days prior to the general election (currently is 48 days).
8:23:51 AM
MS. FENUMIAI, in response to Representative Isaacson, explained
that the "52 days" [in Section 13] refers to the primary
election, and judicial candidates appear only on the General
Election ballot; judicial and legislative candidates will have
the same withdrawal deadline: 64 days.
8:24:24 AM
MS. FENUMIAI brought attention to Sections 20-23 of the
sectional analysis, which read as follows [original punctuation
provided]:
Section 20 - Adds a new subsection amending AS
15.58.030 to require the lieutenant governor to
publish an electronic election pamphlet on the
division's internet website before each state
election. Photograph and statement are provided and
paid for by candidate and that the information must be
published within one week from receipt of the
information.
Section 21 - adds federal definitions of absentee
uniformed services voters and overseas voters.
Section 22 - allows municipal clerks to serve as
absentee voting officials in municipalities where the
division does not have an absentee voting station.
Section 23 - repeals provision for ballots postmarked
from overseas to be received 15 days following
election (all ballots would be received 10 days
following the election as provided in AS
15.20.081(e)); repeals the allowance of an absentee
application from a uniformed services or overseas
voter to be extended for two general elections
(harmonize with federal law); repeal the requirement
to send special absentee ballots.
8:25:32 AM
MS. FENUMIAI, in response to a series of questions from
Representative Hughes, said a person age 18 or over who is in
Alaska may register to vote in Alaska [at least] 30 days prior
to an election. She said she cannot answer questions about
residency and how that would apply to the Permanent Fund
Dividend (PFD). She clarified that under the proposed
legislation, a person under the age of 18 who was originally
domiciled in Alaska but turned 18 while living overseas would be
able to register to vote an Alaska ballot.
8:29:05 AM
MS. FENUMIAI, in response to Chair Lynn, said a person who
registers to vote in Alaska while living overseas must provide
an out-of-state postmark. Further, he/she must provide proof of
ties to Alaska, which could include the following: a military
leave and earnings statement, a residence address in Alaska, and
a copy of property tax records. The person gives this
information to the division as true and correct under penalty of
perjury.
8:29:52 AM
REPRESENTATIVE KELLER asked Ms. Fenumiai to address the
significance of the repeal of [AS 15.20.081(i)] in Section 23.
MS. FENUMIAI explained that currently absentee by-mail
applications by military and overseas voters are good for the
next two General Elections, but under HB 104 they would expire
after one year.
8:31:19 AM
REPRESENTATIVE GATTIS asked Ms. Fenumiai to outline the timeline
of a ballot for a person voting absentee in Florida.
MS. FENUMIAI said the person would most likely receive the
ballot about three weeks prior to the election, would have to
get it postmarked by Election Day, and the ballot would have to
be received by the division no more than 10 days following the
election. She said that gives the person about 30 days after
receipt of the ballot to get it back to the division.
REPRESENTATIVE GATTIS offered her understanding that under HB
104, the voters overseas would have 10 days after the election
to return their ballots instead of 15 days, which would make the
time they are given equal to the time a domestic voter currently
has.
MS. FENUMIAI confirmed that is correct and added that those
nondomestic voters "are also getting their ballot about 22 days
before the domestic voters."
REPRESENTATIVE GATTIS said Ms. Fenumiai had addressed her
question.
8:33:10 AM
REPRESENTATIVE KREISS-TOMKINS, regarding Sections 3 and 4 of
Version N, asked how common it is for poll watchers and state
ballot counting review board members to be registered out of
state.
8:33:42 AM
MS. FENUMIAI answered that poll watchers are appointed by
political party; the division receives a list of those poll
watchers and issues a badge for each to wear. She said
campaigns can also appoint them. She said currently there is no
provision that those poll watchers must be registered voters in
Alaska. The state review board members are also appointed by
political party, so they have to be registered with the party,
and there has never been a member of the board that was not a
registered voter in Alaska. She added, "That's where we get our
names from."
8:34:32 AM
CHAIR LYNN said there was concern raised at the last General
Election about overseas oversight of elections. He indicated
that under Sections 3 and 4 of Version N, there would be no
possibility of a noncitizen influencing elections, because those
overseeing elections would have to be registered voters, and in
order to be a registered voter, a person must be a U.S. citizen.
He offered his understanding that "this doesn't stop anybody
from overseas or here from observing the electing process as any
one of us might."
MS. FENUMIAI confirmed, "It does not stop anybody from observing
an election, but however they would not have poll watcher
authority." She explained that a poll watcher has certain
authorizations, which include standing by the election workers,
hearing the names of voters, and challenging voters'
qualifications.
8:35:59 AM
MS. FENUMIAI, in response to Representative Kreiss-Tomkins,
reviewed the changes that would be made to Section 11 under
Version N.
8:36:31 AM
MS. FENUMIAI, in response to a question from Representative
Kreiss-Tomkins regarding Section 20, said currently statute
requires a printed version of a pamphlet for a primary election
only when ballot measures appear on the primary election ballot.
The statute further requires the division to post candidate
information on line.
CHAIR LYNN said ideally the primary election information would
be published the same as the General Election information, but
doing so would be too costly. The best alternative is to direct
a voter to find the information on line.
8:37:41 AM
MS. FENUMIAI, in response to Representative Hughes, said the
division posts a full electronic version of the pamphlet on
line, but there has been no consideration of discontinuing the
paper version, because many people still do not have access to
the Internet.
8:39:49 AM
PADDY McGUIRE, Deputy Director, Federal Voting Assistance
Program, U.S. Department of Defense (DoD), stated that the
Federal Voting Assistance Program is the Pentagon agency that
works to ensure military and overseas voters have an opportunity
to successfully cast a ballot. He commended the governor and
lieutenant governor of Alaska, as well as Ms. Fenumiai, for
their leadership in this issue. Mr. McGuire opined that moving
the primary earlier would be a significant change that would
support the efforts of the program to ensure the ballots cast by
military and overseas voters are counted. He offered to answer
questions from the committee.
CHAIR LYNN observed that having a shorter election period before
the primary election may mean a less expensive campaign.
8:42:11 AM
REPRESENTATIVE ISAACSON asked what the benefit would be to a
service member to be able to "request an absentee ballot all
year round and then have a greater period of time in which to
respond." He continued:
If it's good for the service member, conceivably would
it be good for anyone who is a ... civilian voter
overseas? We have many civilians who also follow our
troops; this would not apply to them; and I'm thinking
contractors and so forth.
CHAIR LYNN, regarding absentee rolls, said there are civilians
living in extremely remote locations who apply for absentee
ballots.
REPRESENTATIVE ISAACSON said he would like Mr. McGuire to
clarify the benefit to the military member and tell the
committee whether he thinks the benefit should be applied more
broadly to civilians.
8:43:31 AM
MR. McGUIRE responded that his office produces the federal
postcard application, which is a national form that allows
military and overseas voters to register to vote. He offered
his understanding that the proposed legislation would "change
the applicability of the federal postcard application to one
calendar year in Alaska." He said the message to military and
overseas voters to fill out a new form each year is sent out
world-wide every January and July; therefore, changing to a one-
year applicability for that form would be in line with the
information already being sent out to those voters. He added,
"We think it makes sense."
REPRESENTATIVE ISAACSON asked, "Was my question mistaken that
the uniform service voter and the overseas voter both have the
same provision with this?"
MS. FENUMIAI answered yes. She clarified, "It is uniformed
overseas officers and citizens who are living abroad."
REPRESENTATIVE ISAACSON said, "So, the first part is just to
ensure, no matter where they are, they are able to vote."
MS. FENUMIAI responded yes.
REPRESENTATIVE ISAACSON said he likes that.
8:45:48 AM
REPRESENTATIVE HUGHES asked if Mr. McGuire is familiar with mail
delivery time overseas and whether he thinks shortening the
return time period to 10 days will be sufficient.
MR. McGuire replied that for the 2012 General Election, the
military postal service agency delivered military ballots back
home via express mail service, and the average delivery time was
5.5 days from receipt to delivery in the U.S. He said he does
not think the reduction from 15 to 10 days will make any
difference. In response to a follow-up question, he said
military voters send mail home via the postal service, because
it is free and fast. Regarding those overseas, but not in the
military, he ventured there are not many places on earth where
there is any sort of postal system that cannot return a ballot
in 45 days, which is the amount of time a person could have if
they vote promptly.
8:49:25 AM
MR. McGUIRE, in response to questions from Chair Lynn, said
spouses of overseas military members are afforded the same
method of sending mail. He said there are military personnel in
some unique circumstances, such as submariners who will go below
the surfaces for extended periods of time; however, he said he
thinks those people can plan ahead and work within the 45-day
period to get their ballots mailed to the division on time.
8:51:40 AM
REPRESENTATIVE HUGHES said she has son in the military who has
been deployed multiple times and a son-in-law who is currently
serving in the military overseas. She stated concern about
"those votes being counted" and thanked Mr. McGuire for his
reassurance. She asked the division to watch for votes that may
not make it in on time because of the shortened time period
under HB 104.
8:52:24 AM
MS. FENUMIAI, in response to Representative Gattis, stated that
for the 2004 General Election, the division implemented an on-
line electronic ballot delivery method for voters. She said
receiving a ballot via facsimile ("fax") was still an option,
but the on-line delivery method was more highly requested.
8:53:36 AM
MS. FENUMIAI, in response to Representative Hughes, said the
voter has the option to return his/her ballot by one of three
methods: via a secure, on-line ballot delivery system, which is
not via e-mail; via mail; or via fax.
8:54:11 AM
REPRESENTATIVE KELLER thanked Ms. Fenumiai for her contributions
to the proposed legislation and for her presentation to the
committee.
8:54:43 AM
CHAIR LYNN, after ascertaining that there was no one else who
wished to testify, closed public testimony.
CHAIR LYNN announced that there being no objection to the
previous motion to adopt the proposed committee substitute (CS)
for HB 104, Version 28-GH1983\N, Bullard, 2/15/13, as a work
draft, Version N was before the committee.
8:55:24 AM
REPRESENTATIVE KELLER moved to report CSHB 104, Version 28-
GH1983\N, Bullard, 2/15/13 out of committee with individual
recommendations and the accompanying zero fiscal notes. There
being no objection CSHB 104(STA) was reported out of the House
State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1.a CSHB 10 Version N 2-15-2013.pdf |
HSTA 2/19/2013 8:00:00 AM |
HB 10 |
| 01 CS for HB 104 Version N 2-15-2013.PDF |
HSTA 2/19/2013 8:00:00 AM |
HB 104 |
| 02 HB0104A.pdf |
HSTA 2/19/2013 8:00:00 AM |
HB 104 |
| 03 Gov Transmittal Letter HB 104.PDF |
HJUD 2/27/2013 1:00:00 PM HSTA 2/19/2013 8:00:00 AM |
HB 104 |
| 04 Fiscal Note - Elections HB 104.PDF |
HSTA 2/19/2013 8:00:00 AM |
HB 104 |
| 05 Fiscal Note - Education HB 104.PDF |
HSTA 2/19/2013 8:00:00 AM |
HB 104 |
| 06 HB 104 Sectional Analysis to Version N.pdf |
HSTA 2/19/2013 8:00:00 AM |
HB 104 |
| 8 HB 10 Explanation of Changes A to N version.pdf |
HSTA 2/19/2013 8:00:00 AM |
HB 10 |