Legislature(2003 - 2004)

05/15/2003 08:45 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ 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                                                                                                       
                                                                                                                                

Document Name Date/Time Subjects