Legislature(1999 - 2000)
03/16/2000 03:40 PM Senate STA
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 163-DIVISION OF ELECTIONS
MR. RICHARD SCHMITZ, Legislative Staff to Representative Jeanette
James, stated HB 163 is an election statute "fix-up" and makes
minor changes. Mr. Schmitz referred to the last gubernatorial race
regarding write-in candidates and said HB 163 makes minor changes
to absentee voter regulations.
MS. GAIL FENUMIAI, Election Program Specialist, Division of
Elections, stated HB 163 updates terminology conforming to the
Optical Ballot Tabulation System the State currently uses.
HB 163 makes four changes to elections statute, the first is
regarding write-in candidates and using stickers on ballots. It
also proposes changes to the "absentee, in person" voting process
and proposes to improve the "absentee, by personal representative"
voting process for persons with disabilities. It deals with
"initiative, referendum, and recall petition" by making changes to
the statute as a result of a U.S. Supreme Court decision in Buckley
v. American Constitutional Law Foundation. Ms. Fenumiai referred
to questions handed to her by the committee.
TAPE 00-05, SIDE B
Number 2329
SENATOR ELTON asked about the 1998 gubernatorial election and a
party naming a Governor or Lt. Governor.
MS. FENUMIAI stated HB 163 pertains to the people who appear on the
primary election ballot. Write-in candidates are not allowed on
the primary election ballot.
CHAIRMAN WARD stated if a party elected two people to run for
Governor/Lt. Governor, and one person withdrew and the party chose
not to replace the running mate, that would make the Governor/Lt.
Governor ineligible to run.
MS. FENUMIAI replied yes. Under current statute there are no rules
for write-in candidates, HB 163 would make provision changes.
CHAIRMAN WARD referred to the 1998 gubernatorial election and
Senator Taylor running for Governor. Chairman Ward asked if
Senator Taylor's running mate withdrew, whether his name would
still be on the ballot.
MS. FENUMIAI stated no, it would be a write-in race because the
ballots are printed and available 25 days before the election.
People with no party affiliation must file nominating petitions.
They have the same deadline as party nominees.
SENATOR ELTON stated if HB 163 had been in statute during the
Arliss Sturgulewski, Jack Coghill, and Walter Hickel gubernatorial
race, the outcome would have been different. The party could have
refused to name a Lt. Governor and Arliss Sturgulewski's name would
have been kept off the ballot.
MS. FENUMIAI replied that has never happened in Alaska's history.
SENATOR GREEN asked if stickers are not used on the ballots whether
the write-in candidates names need to be spelled correctly.
MS. FENUMIAI stated provisions say the last name of the
gubernatorial candidates would suffice.
SENATOR ELTON stated the language in Section 1, line 10, "the month
in which a primary or general election is held," would excuse a
person from jury duty for the month of November, but they would not
be able to complete their work from October. Senator Elton offered
a friendly amendment to Section 1, line 10 to read "or that the
person summoned is employed as a full-time or temporary election
official and the jury service is during the 30 days preceding a
primary or general election." Without objection, the amendment was
adopted.
CHAIRMAN WARD asked about the name and phone number of election
supervisors.
MS. FENUMIAI replied that section relates to radio notices. The
purpose is to cut down on the length of the radio notices.
SENATOR GREEN asked Ms. Fenumiai to review the checks & balances
regarding disabled absentee ballots.
MS. FENUMIAI stated personal representatives need to identify
themselves to the election official and sign a register. The
representative takes the ballot to the disabled person. That
person must write down identification on the envelope and sign the
envelope.
SENATOR GREEN asked if this process is witnessed by a third party.
MS. FENUMIAI stated no. The integrity of the personal
representatives is upright and commendable.
CHAIRMAN WARD asked if any provisions would be altered to change
paper ballots used in elections.
MS. FENUMIAI stated no.
SENATOR WILKEN asked, if HB 163 does not pass, what the
consequences would be.
MS. FENUMIAI replied if HB 163 does not pass, the State could
possibly have a lengthy lawsuit ahead of it.
SENATOR GREEN asked if people are not required to identify
themselves when obtaining signatures, how the Division of Elections
(DOE) keeps track of the signature books.
MS. FENUMIAI stated people are required to notify the Division of
Elections who is receiving which book and their name is put on the
book. The Buckley decision stated those officials do not need to
wear a badge. At the bottom of each page of the signature book is
a notice stating whether the person collecting signatures is being
paid and, if so, by whom.
SENATOR PHILLIPS moved amendment number 2, regarding stickers being
used on ballots. He said the State should not discourage anyone
from voting. Senator Elton objected and stated if people use
stickers on ballots the State is inducing error. The amendment was
adopted with Senators Phillips, Green, and Ward voting "Yea" and
Senator Elton voting "Nay."
MS. FENUMIAI explained if a sticker were fed through the optical
ballot machine and gummed up a sensor, at the end of counting the
ballots, the tabulation would be incorrect. The Division of
Elections would not know where or when the inaccuracy began. Hand
counting ballots for a statewide race would effect all races on the
ballot and be a time consuming process.
SENATOR GREEN moved to delete Sections 63-70 relating to Buckley v.
American Constitutional Law Foundation. Without objection, the
motion carried.
CHAIRMAN WARD stated the amendments that have been adopted will be
drafted into a committee substitute. HB 163 will be held in
committee and he asked Ms. Fenumiai to clarify the language in
Sections 63-70 of HB 163 at the next meeting.
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