Legislature(2003 - 2004)
05/15/2003 08:45 AM Senate FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CS FOR HOUSE BILL NO. 266(FIN)
"An Act relating to questioned ballots and questioned voters,
voter registration, training of election officials,
preparation of election materials, provision of election
materials, forms, and supplies for polling places, voter
identification, absentee voting, and counting ballots; and
providing for an effective date."
This was the first hearing for this bill in the Senate Finance
Committee.
Co-Chair Wilken stated this bill, sponsored by the House Rules
Committee at the request of the Governor, "makes necessary
statutory changes to comply with the election reform law signed by
President Bush in 2002, named the Help America Vote Act, commonly
known as HAVA."
LAURA GLAISER, Director, Division of Elections, Office of the
Lieutenant Governor, read the sponsor statement into the record as
follows.
In October 2002, President Bush signed the "Help America Vote
Act", (H.R. 3295) into law (P.L. 107-252). HAVA is the result
of a bipartisan effort in Congress to make sweeping changes to
federal election laws to improve the overall administration of
elections, increase accessibility to those with disabilities,
and also to prevent voter fraud.
Many changes required under HAVA do not require amending
Alaska statute, but HB 266 includes those necessary to meet
federal mandates. Changes recommended in the bill before you
follow the intent of the federal law and do not place
unnecessary burdens on the voter. It is imperative that these
changes mandated by federal law are passed by the Legislature
this year.
HB 266 also includes changes the Division recommends. The
Division supports the language recommended in Senator
Lincoln's SB 24, and it has been included in this bill with
her permission. Other changes regarding returning
identification/ voter cards to other jurisdictions, reference
to a "master list", and adding types of information that can
be provided by the voter when registering in person are
requested by the Division in this bill.
The House State Affairs Committee removed the language
suggested by the Division changing the term "questioned
ballots" to "provisional ballots." The federal law refers to
"provisional voting", (which Alaskans refer to as "questioned
voting") and the Division originally recommended changing the
references in statute to conform to the federal language.
The State Affairs Committee also restored references to the
Division sending voters letters regarding the status of their
absentee, questioned, or partially counted ballot in addition
to the "free access system" required in HAVA.
The House Finance Committee substitute removes perhaps the
most significant change NOT mandated be the federal act. In
the first two versions of the bill the Division recommended
replacing the terms "non partisan" and "undeclared" with the
term "unaffiliated". As a result, there will be no changes to
the current references to "non partisan" and "undeclared".
The Division of Elections asks your support of House Bill 266.
Senator Bunde spoke to concerns about dual registration and lack of
a photograph on voter identification cards. He shared he has
reviewed voter lists and found voters registered using a post
office box as indication of residency. He opined that enforcement
has been "lax" in ensuring that people vote in the districts they
reside. He asserted that the proof of residency required to
register to vote, including hunting and fishing licenses, a utility
bill, bank statement, or government document, could be "stolen from
a mailbox" and do not have a photograph of the addressee. He
suggested that photo identification is becoming more necessary for
air travel, and should therefore be more commonly held by residents
and would be a reasonable requirement for registering to vote.
Ms. Glaiser noted this legislation does not relate to the act of
registering to vote but rather to actual voting. She commented that
voter registration cards do not include photo identification.
Senator Bunde remarked that photo identification should be required
for voting.
SARAH FELIX, Assistant Attorney General, Governmental Affairs
Section, Civil Division, Department of Law, interjected that photo
identification is not required by HAVA and would be a policy call
of the Legislature.
Senator Taylor offered a motion to report the bill from Committee
with individual recommendations and accompanying fiscal note.
Senator Taylor then objected to the motion for discussion purposes.
Senator Taylor commended on the hard work of the Division staff and
director, given the limited funds available. He commented that the
intent of this legislation is to comply with federal mandate,
although he agreed with Senator Bunde that a "tighter system" is
needed.
Senator Olson asked about provisions for rural voters who do not
posses official photo identification.
Ms. Glaiser told of the provision inserted in the bill allowing for
special absentee ballots for voters who reside a distance from the
polling place. She stated this was done at the request of Senator
Georgianna Lincoln.
Senator Bunde talked about an incident involving a ballot possibly
cast in the name of a deceased person. He asked what proof of
identity is required before an absentee ballot is mailed to a
voter.
Ms. Glaiser replied that applicants must submit a copy of photo
identification.
Senator Bunde asked about efforts to purge improperly registered
voters.
Ms. Glaiser replied that this issue would be addressed during the
Legislative interim. She noted statutory changes could be required,
as the current purge system is based on the Motor Voter Act enacted
ten years prior. She relayed she has discussed the matter with the
US Department of Justice.
Senator Bunde asked if legislation would be necessary to allow for
the comparison of voter registration residences with permanent fund
dividend applications.
Ms. Glaiser assured the legislation before the Committee would
allow such comparisons.
Senator Olson commented that he does not require photo
identification when transporting paying passengers through his air
taxi service.
Senator Taylor removed his objection to the motion to report the
bill from Committee.
Co-Chair Wilken referenced the third paragraph of the April 11,
2003 letter from Governor Murkowski [copy on file] introducing this
legislation, which reads as follows.
…Upon certification of compliance with the HAVA, each state is
eligible to receive various payments from the federal
government to use in implementing the requirements of the
HAVA. Alaska is projected to receive payments of approximately
$5,000,000 per year for three years to implement the HAVA.
Co-Chair Wilken thanked Ms. Glaiser for her efforts to secure these
federal funds.
There was no objection and CS HB 266 (FIN) MOVED from Committee
with a zero fiscal note #2 from the Department of Administration
and a $382,000 fiscal note #3 from the Office of the Governor,
Division of Elections.
AT EASE 9:09 AM / 9:09 AM
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