03/31/2011 08:00 AM House STATE AFFAIRS

                   HB 178-ELECTION PROCEDURES                                                                               
                                                                                                                                
9:14:10 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN  announced that the  next order of business  was HOUSE                                                               
BILL  NO.  178,  "An  Act  relating  to  election  practices  and                                                               
procedures; and providing for an effective date."                                                                               
                                                                                                                                
[Before the committee was CSHB 178(CRA).]                                                                                       
                                                                                                                                
9:14:29 AM                                                                                                                    
                                                                                                                                
CECILE ELLIOT,  Staff, Representative  Bill Thomas,  Alaska State                                                               
Legislature,  presented  HB  178   on  behalf  of  Representative                                                               
Thomas,  sponsor.   She paraphrased  the first  paragraph of  the                                                               
sponsor statement,  which read  as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     In  2009 Congress  passed the  MOVE Act  which outlines                                                                    
     procedures that  make it  easier for  overseas military                                                                    
     and  civilians to  use our  electoral system.  Overseas                                                                    
     military  personnel and  civilians represent  61,000 of                                                                    
     Alaska's eligible  voters. These  voters face  a myriad                                                                    
     of challenges when pursuing  their fundamental right to                                                                    
     vote. Additionally,  those who live in  remote areas of                                                                    
     the  state  experience   similar  challenges.  In  2010                                                                    
     approximately 41,000  voters voted absentee  in Alaska.                                                                    
     CSHB178  increases the  accessibility of  our electoral                                                                    
     system for these voters by expanding absentee voting.                                                                      
                                                                                                                                
MS.  ELLIOT  explained  that  the   "MOVE"  Act  stands  for  the                                                               
"Military and Overseas Voter Empowerment"  Act, and it was passed                                                               
by  U.S.  Congress  in  October   2009.    She  turned  again  to                                                               
paraphrasing  the remainder  of  the first  page  of the  sponsor                                                               
statement,   which   read   as  follows   [original   punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     CSHB 178:                                                                                                                  
                                                                                                                                
     time  for voters  to receive  information.  One of  the                                                                    
     greatest concerns  for military and overseas  voters is                                                                    
     the amount of time to  receive and return their ballot.                                                                    
     (This assists  the Department  in accommodating  the 45                                                                    
     day requirement established under MOVE)                                                                                    
                                                                                                                                
     burden of  our military  voters from finding  a witness                                                                    
     when stationed remotely.                                                                                                   
                                                                                                                                
     electronic  transmission allowing  for the  delivery of                                                                    
     ballots and  information to  be distributed  via email.                                                                    
     This   is   another   provision  that   addresses   the                                                                    
     challenges  of the  voter to  receive the  ballot in  a                                                                    
     timely manner and returned.                                                                                                
                                                                                                                                
     ballot to 10 days aligning  it with the 10 day deadline                                                                    
     for  domestic absentee  ballots.  It  also allows  more                                                                    
     time for  the department  to finalize ballots  and send                                                                    
     them out to our  military and overseas voters. (Further                                                                    
     assisting the  accommodation of the 45  day MOVE ballot                                                                    
     distribution time for military and overseas voters).                                                                       
                                                                                                                                
     ballots. This  further expands  access options  for our                                                                    
     rural  and remote  voters to  receive and  return their                                                                    
     absentee ballot.                                                                                                           
                                                                                                                                
     age, overseas, to vote. If  the parents lived in Alaska                                                                    
     prior to  going overseas their  child who comes  of age                                                                    
     overseas  may  apply  to   vote  absentee  for  federal                                                                    
     elections in Alaska.                                                                                                       
     o  CHANGES  MADE  IN  COMMUNITY  AND  REGIONAL  AFFAIRS                                                                    
     COMMITTEE                                                                                                                  
                                                                                                                                
     candidate by  the director, notice must  be provided to                                                                    
     the candidate, other candidates in  the race and to the                                                                    
     individual   filing   the   candidacy   complaint,   if                                                                    
     applicable. A  challenge may be  made to  this decision                                                                    
     within 15  days and  the director  must respond  to the                                                                    
     challenge within 15 days.                                                                                                  
                                                                                                                                
     letter  of  intent,  nominating  petition  is  open  to                                                                    
     public inspection.                                                                                                         
                                                                                                                                
9:20:25 AM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 9:20 a.m.                                                                                 
                                                                                                                                
9:20:30 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  asked, "Does  Section 1 only  allow the                                                               
child to vote in the Presidential election - no other election?"                                                                
                                                                                                                                
MS. ELLIOT answered yes.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRUENBERG asked  what  the reason  is behind  not                                                               
allowing a child of an Alaskan  family, who turns voting age when                                                               
the  family  is  outside  the  state, to  vote  in  the  election                                                               
district of the family for all political offices.                                                                               
                                                                                                                                
MS. ELLIOT responded that a person  who is not an Alaska resident                                                               
cannot vote in a state race.                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG directed attention  to Section 27, which                                                               
references AS 15.20.081(h), which read as follows:                                                                              
                                                                                                                                
          (h) Except as provided in AS 15.20.480, an                                                                            
     absentee  ballot  returned  by mail  from  outside  the                                                                    
     United  States or  from  an  overseas voter  qualifying                                                                    
     under AS 15.05.011 that has  been marked and mailed not                                                                    
     later than election  day may not be  counted unless the                                                                    
     ballot  is  received  by the  election  supervisor  not                                                                    
     later  than  the close  of  business  on the  15th  day                                                                    
     following the election.                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG asked if there  would still be a cut-off                                                               
[date  for  receiving   ballots  back  from  the   voter]  if  AS                                                               
15.20.081(h) is repealed.                                                                                                       
                                                                                                                                
MS.  ELLIOT explained  that under  HB 178,  the cut-off  time for                                                               
receipt  of ballots  after an  election  would be  changed to  10                                                               
days; therefore, AS 15.20.081(h) is no longer needed.                                                                           
                                                                                                                                
REPRESENTATIVE GRUENBERG expressed concern  that a shorter period                                                               
would disenfranchise some people.                                                                                               
                                                                                                                                
MS. ELLIOT  pointed out that the  timing of the primary  would be                                                               
changed also,  so that  the voter would  actually have  more time                                                               
"on the  front end of that";  the voter would receive  the ballot                                                               
45 days ahead.   She said there  is also a provision  in the bill                                                               
that  would allow  the overseas  or military  voter to  receive a                                                               
ballot via e-mail.                                                                                                              
                                                                                                                                
9:24:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG observed  that Section  14 of  the bill                                                               
would change the date of the  primary election from the fourth to                                                               
the second  Tuesday in  August of every  even-numbered year.   He                                                               
said he would  like to know the justification  for proposing that                                                               
change, because the result would be a shortened campaign period.                                                                
                                                                                                                                
REPRESENTATIVE   SEATON,    in   response   to    comments   from                                                               
Representatives  Wilson  and  Gruenberg,   asked  Ms.  Elliot  to                                                               
confirm that  the reason for  changing the primary date  from the                                                               
fourth Tuesday  to the second  Tuesday is to comply  with federal                                                               
mandate found in the aforementioned MOVE Act.                                                                                   
                                                                                                                                
MS. ELLIOT responded that is correct.                                                                                           
                                                                                                                                
9:28:20 AM                                                                                                                    
                                                                                                                                
GAIL  FENUMIAI, Director,  Division of  Elections, Office  of the                                                               
Lieutenant Governor,  turned focus to  Representative Gruenberg's                                                               
previous  question as  to why  the group  of voters  described in                                                               
Section 1 would be able to vote  only in a federal election.  She                                                               
explained  that the  children  who turn  18  while overseas  with                                                               
their parents were not residents  of Alaska in the house district                                                               
in which  they seek  to vote for  at least 30  days prior  to the                                                               
election.                                                                                                                       
                                                                                                                                
9:29:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG offered his  understanding that there is                                                               
nothing in  the law that says  a minor cannot become  a resident.                                                               
He further  recollected that  if a  parent is  a resident  of the                                                               
state, then that  impacts whether their child is a  resident.  He                                                               
expressed concern regarding the voting rights of those children.                                                                
                                                                                                                                
MS.  FENUMIAI   deferred  to   Legislative  Legal   and  Research                                                               
Services.                                                                                                                       
                                                                                                                                
9:31:10 AM                                                                                                                    
                                                                                                                                
ALPHEUS  BULLARD,  Attorney,  Division   of  Legal  and  Research                                                               
Services, Legislative  Affairs Agency, stated that  under Article                                                               
V, Section I,  of the Constitution of the United  States, a voter                                                               
must be a resident of the  district in which he/she seeks to vote                                                               
for a  minimum of 30 days  prior to the election  in which he/she                                                               
seeks to vote, except for the  purpose of voting for President or                                                               
Vice President.                                                                                                                 
                                                                                                                                
9:32:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG   offered  his  understanding   that  a                                                               
child's residency  at the time  he/she left the  state continues,                                                               
even though the  child may have been  out of state.   He said, "I                                                               
would be very  hesitant to deny those children the  right to vote                                                               
without first obtaining a judicial decision in this matter."                                                                    
                                                                                                                                
9:33:32 AM                                                                                                                    
                                                                                                                                
MR. BULLARD  responded that  if a  child, who is  over 18,  was a                                                               
resident (before  moving overseas), then he/she  was already able                                                               
to  vote.   The  proposed legislation  addresses  those who  were                                                               
never able to vote before turning 18 while overseas.                                                                            
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  he would  speak with  Mr. Bullard                                                               
privately.                                                                                                                      
                                                                                                                                
9:34:36 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI,  regarding   Representative  Gruenberg's  previous                                                               
question  regarding the  repeal  of AS  15.20.081(h), echoed  Ms.                                                               
Elliot's statement  that even  though the  voter would  have five                                                               
less days  at the  end of  the total days  with a  ballot, he/she                                                               
would, under  HB 178,  have an  increased number  of days  at the                                                               
front end;  therefore, the voter  would actually  have possession                                                               
of the ballot for an increased number of days.                                                                                  
                                                                                                                                
9:35:32 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI, in response  to Representative Gruenberg, explained                                                               
that the difficulty  in allowing those extra 5  days post primary                                                               
election has  to do with  the turnaround time in  getting general                                                               
election ballots to those voters.  She offered further details.                                                                 
                                                                                                                                
REPRESENTATIVE GRUENBERG  questioned why the change  is necessary                                                               
now, when the  division has been making the  current timing work.                                                               
He asked how many people would be disenfranchised under HB 178.                                                                 
                                                                                                                                
MS. FENUMIAI  explained that  the 2010  General Election  was the                                                               
first time the division was required,  under the MOVE Act, to get                                                               
ballots  to  overseas and  military  voters  45 days  before  the                                                               
election, and because  of other deadlines, the  division had only                                                               
three days in which to get the  ballots ready.  She said the more                                                               
time the division has between the  end of the primary and getting                                                               
ballots out  for the general  election, the better chance  it has                                                               
of meeting the requirements of the  MOVE Act.  She estimated that                                                               
knocking five days off of  the post-primary processes resulted in                                                               
less than  50 ballots  that did  not make it  in to  the division                                                               
within that five-day window.                                                                                                    
                                                                                                                                
9:38:58 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  P. WILSON  expressed  concern  about this  issue.                                                               
She opined that if people get  their ballots post marked in time,                                                               
then  those ballots  should be  counted.   She said  every ballot                                                               
counts.                                                                                                                         
                                                                                                                                
9:40:20 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI, in  response to  Representative  Wilson, said  the                                                               
MOVE Act does not speak to  the timeframe for when ballots can be                                                               
received.  She reiterated that  [shortening the time by which the                                                               
primary ballot  must be returned]  helps the division  in meeting                                                               
the 45-day requirement.                                                                                                         
                                                                                                                                
REPRESENTATIVE P.  WILSON responded that she  understands the 45-                                                               
day requirement, but  questions shortening the time  on the other                                                               
end.   She stated that  people should have  the right to  wait to                                                               
vote until election day, whether they live in state or overseas.                                                                
                                                                                                                                
9:42:07 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI responded that everyone has  the right to vote up to                                                               
election day.  This provision  would require all ballots to reach                                                               
the division  by 10 days  following an election,  irrespective of                                                               
their origin.   She offered  to get more specific  information to                                                               
the committee.                                                                                                                  
                                                                                                                                
9:42:55 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN  offered   his  understanding  that  Ms.                                                               
Fenumiai  had  said the  division  needs  more time  between  the                                                               
primary and  general elections to  do its business.   He ventured                                                               
that if  the primary is being  moved earlier by two  weeks and AS                                                               
15.20.081(h)  is not  repealed,  then the  net  gain between  the                                                               
primary and  general election will  be nine  days.  He  asked for                                                               
feedback from the sponsor regarding  the motivation for proposing                                                               
the repeal of AS 15.20.081(h) in Section 27.                                                                                    
                                                                                                                                
9:44:48 AM                                                                                                                    
                                                                                                                                
MS.  ELLIOT  responded that  the  bill  sponsor worked  with  the                                                               
division in order  to accommodate the MOVE Act.   Taking the five                                                               
days  off would  allow the  division to  provide for  that 45-day                                                               
requirement with  greater ease.   She stated, "I  understand that                                                               
it's being interpreted  as less time, but the  whole intention of                                                               
the bill is to  provide more time for these voters  to vote.  And                                                               
if the  ballots are  received in  the time  frames of  this bill,                                                               
then  the division  has a  greater ability  to provide  for these                                                               
voters."                                                                                                                        
                                                                                                                                
9:45:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  JOHANSEN reviewed  that by  "keeping the  current                                                               
statute"  the division  would achieve  its goal  of getting  more                                                               
time, because "you're  keeping five extra days."   He offered his                                                               
understanding that Ms. Fenumiai  had testified that "the changing                                                               
from 15 to 10 days" had nothing  to do with the MOVE Act, but was                                                               
simply a matter of facilitating getting work done.                                                                              
                                                                                                                                
9:46:33 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE P.  WILSON suggested that  if the five days  is so                                                               
important, then  the [primary] election  could be changed  to the                                                               
first week of August rather than the second.                                                                                    
                                                                                                                                
9:47:00 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced that HB 178 was held over.