Legislature(2009 - 2010)CAPITOL 120
03/15/2010 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| HB71 | |
| HB381 | |
| HB355 | |
| HB115 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 381 | TELECONFERENCED | |
| += | HB 71 | TELECONFERENCED | |
| += | HB 115 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HB 355 | TELECONFERENCED | |
HB 115 - PERMANENT ABSENTEE VOTING
2:25:06 PM
CHAIR RAMRAS announced that the final order of business would be
HOUSE BILL NO. 115, "An Act establishing a permanent absentee
voting option for qualified voters; and providing for an
effective date." [Before the committee was CSHB 115(STA).]
2:25:15 PM
REPRESENTATIVE BOB BUCH, Alaska State Legislature, recalled that
at the last hearing there was concern that the proposal in HB
115 could lead to potential fraud in terms of fraudulently
obtaining a permanent fund dividend (PFD) or a ballot. Those
concerns have been directed to the appropriate departments,
including Tamara Cook, Director, Legislative Legal Services;
Deborah Bitney, Director, Permanent Fund Division, Department of
Revenue; and Gail Fenumiai, Director, Division of Elections,
Office of the Lieutenant Governor. With the help of those
experts, Representative Buch said that he determined that HB 115
won't create opportunities for fraud, but rather will combat it.
With regard to the concern that the legislation will cause an
increase in the fraudulently obtaining a permanent fund
dividend, he explained that HB 115 will create a list that the
Permanent Fund Division can utilize to verify residency. With
regard to the concern that there will be an increase in
residents fraudulently obtaining ballots, a voter may select one
address to receive a ballot. Since ballots can't be forwarded,
a voter who doesn't return the ballot will be removed from the
list. Whatever degree a voter is informed has no bearing on a
voter's ability to obtain a ballot. Mr. Buch concluded by
stating that under this proposed legislation, there are no
changes in the current procedure although passage would allow
the current process to be streamlined.
CHAIR RAMRAS remarked that he doesn't like HB 115.
2:27:33 PM
REPRESENTATIVE GATTO noted that there is no certainty that mail
with this return address will simply be returned because an
individual could have his/her neighbor picking up the mail while
the individual is away. More importantly, he expressed the need
to protect the public belief that the voting is legitimate.
Representative Gatto characterized this proposed legislation as
an assault on the legitimacy of the vote because so long as
votes are simply forwarded, there is less assurance that the
voting is legitimate. He indicated that it's difficult to
corrupt a vote when the vote is given at the voting booth.
Furthermore, he expressed concern with the amount of access
voters can ignore on election day by voting prior to election
day. He said that he is satisfied with existing law in this
regard. In fact, HB 115 seems to provide an opportunity to
unduly influence/corrupt the voting with undue influence of
special interests, particularly when their name doesn't
necessarily relate to the organization's purpose.
2:31:55 PM
CHAIR RAMRAS noted that he shares Representative Gatto's
concern. He then acknowledged that the letter dated March 12,
2010, from the Permanent Fund Division specifies, "HB 115 will
not adversely impact PFD eligibility determinations." However,
he said PFD eligibility determinations aren't his concern,
rather it's the fraud he's concerned about. Chair Ramras
remarked that he, too, is uncomfortable with HB 115.
REPRESENTATIVE GRUENBERG, referring to the letter dated March
12, 2010, from the Permanent Fund Division, surmised that a
permanent absentee ballot might raise a red flag for PFD
purposes. Furthermore, it might provide the division with
additional information to prevent fraud. To address concern
with regard to PFD fraud, Representative Gruenberg suggested
that the legislation could be amended to require an annual
updated list of those individuals with the status of permanent
absentee voters to be sent to the Permanent Fund Division.
2:35:06 PM
REPRESENTATIVE BUCH related that he would entertain such an
amendment if such a requirement isn't already in place. He
requested verifying whether such a requirement is already in
place.
2:35:46 PM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, explained that the division sends a
statewide voter list to the Permanent Fund Division annually.
REPRESENTATIVE GRUENBERG clarified that his suggestion would be
for the Division of Elections to provide a list annually of
those who request permanent absentee voter status to the
Permanent Fund Division. He asked if the Division of Elections
does anything like the aforementioned. If not, he asked if Ms.
Fenumiai would support such an amendment.
2:37:05 PM
MS. FENUMIAI answered that the Division of Elections doesn't
specifically send any absentee voter list to the Permanent Fund
Division. However, the division could do so without hardship to
the Division of Elections.
REPRESENTATIVE GATTO related his respect for the Permanent Fund
Division to weed out "bad applications." Therefore, he
questioned whether it would be appropriate for the Permanent
Fund Corporation to simply renew the application annually until
it's known that the applicant is making fraudulent applications
by being out-of-state. He opined that no one would think a
permanent absentee permanent fund dividend application is a good
idea, although some may believe permanent absentee voting is
acceptable. Representative Gatto further opined that he had
difficulty separating the two because individuals who apply for
the PFD include everyone while only half the people vote. He
reiterated concern of increasing the amount of voter fraud and
special interest groups all at the same time.
REPRESENTATIVE BUCH inquired as to from which agency
Representative Gatto is requesting the list.
REPRESENTATIVE GATTO clarified that he isn't asking any entity
to provide a list, rather he suggesting a permanent Permanent
Fund Division application until the individual requests the
application be forwarded.
REPRESENTATIVE GRUENBERG inquired as to the support for a
permanent fund dividend application that would be "good for
several years."
REPRESENTATIVE GATTO replied, "One year at a time."
REPRESENTATIVE GRUENBERG asked if individuals are allowed to
apply one year at a time.
MS. FENUMIAI informed the committee that under federal law
enlisted military personnel are allowed to apply [for absentee
voter status] and their application is good through two general
election cycles. However, all other individuals have to apply
annually.
2:41:35 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual
Amendment 1 so that any individual in the state can [apply for
permanent absentee voter status] for two election cycles.
REPRESENTATIVE DAHLSTROM objected.
2:42:20 PM
REPRESENTATIVE GATTO indicated a preference for not treating the
general population the same as military personnel.
2:43:14 PM
MS. FENUMIAI, completing her earlier remarks, clarified that
military personnel were allowed to apply once for two general
election cycles until the Military Overseas and Voters
Empowerment Act was passed. However, the federal law recently
repealed the aforementioned, although it remains in state law.
2:43:44 PM
REPRESENTATIVE BUCH remarked that he doesn't object to
Conceptual Amendment 1.
REPRESENTATIVE GRUENBERG, in response to Representative Gatto,
clarified that Conceptual Amendment 1 would amend state law that
only allows serviceman to apply [for permanent absentee voter
status] for two election cycles to include any Alaskan
registered voter.
2:45:11 PM
A roll call vote was taken. Representatives Gruenberg and
Holmes voted in favor of the adoption of Conceptual Amendment 1.
Representatives Dahlstrom, Gatto, Lynn, and Ramras voted against
it. Therefore, Conceptual Amendment 1 failed to pass by a vote
of 2-4.
2:45:36 PM
REPRESENTATIVE GRUENBERG made a motion to adopt Conceptual
Amendment 2, which would have the Division of Elections send the
Permanent Fund Division a list of those who apply for absentee
ballots.
2:46:02 PM
REPRESENTATIVE DAHLSTROM objected for the purpose of discussion.
Upon further clarification, Representative Dahlstrom removed her
objection.
There being no further objection, Conceptual Amendment 2 was
adopted.
2:46:35 PM
REPRESENTATIVE DAHLSTROM moved to report CSHB 115(STA), as
amended, out of committee with individual recommendations and
the accompanying fiscal notes.
2:46:57 PM
CHAIR RAMRAS and REPRESENTATIVE GATTO objected.
2:47:03 PM
A roll call vote was taken. Representatives Lynn, Gruenberg,
and Holmes voted in favor of reporting CSHB 115(STA), as
amended, out of committee. Representatives Gatto, Dahlstrom,
and Ramras voted against it. Therefore, CSHB 115(STA), as
amended, failed to be reported out of the House Judiciary
Standing Committee by a vote of 3-3.
2:47:30 PM
REPRESENTATIVE GRUENBERG served notice of reconsideration.
REPRESENTATIVE DAHLSTROM related her belief that it's not in
order to serve notice of reconsideration in committee.
REPRESENTATIVE GRUENBERG said that he would check with
Legislative Legal Services. If reconsideration doesn't apply,
rescinding the committee's action would be applicable.
[CSHB 115(STA), as amended, failed to be reported from
committee.]
| Document Name | Date/Time | Subjects |
|---|---|---|
| 1 HB 381 Sponsor Statement HJUD.pdf |
HJUD 3/15/2010 1:00:00 PM |
HB 381 |
| 3 HB381 Sectional Analysis.pdf |
HJUD 3/15/2010 1:00:00 PM |
HB 381 |
| 4 HB381 AS 11 81 335.pdf |
HJUD 3/15/2010 1:00:00 PM |
HB 381 |