03/24/2004 08:10 AM Senate JUD

         HB 414-U.S.SENATE VACANCY/DEF OF POLITICAL PARTY                                                                   
                                                                                                                                
Upon reconvening,  CHAIR SEEKINS  informed members  the committee                                                               
would introduce  HB 414 today and  get it on the  record, but not                                                               
take public testimony.                                                                                                          
                                                                                                                                
MR. HEATH  HILYARD, staff to Representative  Lesil McGuire, Chair                                                               
of  the  House  Judiciary  Committee,  explained  the  amendments                                                               
adopted by the  Senate State Affairs Committee.  The Senate State                                                               
Affairs  Committee adopted  an amendment  by  Senator Guess  that                                                               
removed language  on page 3,  line 31,  through page 4,  line 10,                                                               
which pertains  to the recognition  of political parties  and the                                                               
elections  associated with  that. SCS  CSHB 414(STA)  essentially                                                               
leaves  the  new  process  for a  special  election  for  filling                                                               
vacancies in  the U.S. Senate  intact and provides  for temporary                                                               
appointments.                                                                                                                   
                                                                                                                                
MR.  HILYARD  explained that  Section  9  recognizes a  political                                                               
party as one with registered voters  in the state equal in number                                                               
to at  least three percent of  the total votes cast  for governor                                                               
at the preceding election at which a governor is elected.                                                                       
                                                                                                                                
CHAIR SEEKINS affirmed that version V was before the committee.                                                                 
                                                                                                                                
MS.  VANESSA TONDINI,  staff to  the  House Judiciary  Committee,                                                               
offered to answer questions.                                                                                                    
                                                                                                                                
SENATOR FRENCH asked  for an explanation of the  last sentence in                                                               
Section 3, which reads, "If a  special election is not called for                                                               
the reasons  set out in  AS 15.40.140, the individual  shall fill                                                               
the vacancy  temporarily until  the results  of the  next general                                                               
election are certified."                                                                                                        
                                                                                                                                
MR. HILYARD  said that sentence is  in reference to Section  2 on                                                               
page 1.                                                                                                                         
                                                                                                                                
SENATOR  FRENCH  asked for  a  description  of the  circumstances                                                               
under which that sentence could apply.                                                                                          
                                                                                                                                
CHAIR  SEEKINS  interjected that  it  appears  that the  position                                                               
would be  filled temporarily with  a place keeper if  the vacancy                                                               
occurs in a shorter timeframe.                                                                                                  
                                                                                                                                
MR. HILYARD affirmed that would occur  if a vacancy occurs on day                                                               
59 prior to a primary election.                                                                                                 
                                                                                                                                
CHAIR  SEEKINS  thought  it  is reasonable  to  want  full  state                                                               
representation in the U.S. Senate in case of a critical vote.                                                                   
                                                                                                                                
MR. HILYARD replied:                                                                                                            
                                                                                                                                
     Exactly...My  understanding is  we're at  59 days  from                                                                    
     the time of  the primary. That could  stipulate that we                                                                    
     -  with regard  to a  special election...it  would then                                                                    
     fall  back  to the  general  election,  at which  point                                                                    
     there would be an election  to fill the vacancy. That's                                                                    
     my reading, that's my understanding....                                                                                    
                                                                                                                                
MS.  TONDINI  added  that  provision   was  added  by  the  House                                                               
Judiciary Committee  to cover a  situation in which there  is not                                                               
enough  time to  place  a candidate  on the  ballot  and for  the                                                               
governor to call  a special election before the  primary. In that                                                               
situation,  a temporary  appointment  would be  put  in place  to                                                               
ensure that the state is represented at all times.                                                                              
                                                                                                                                
There  being no  further  questions, CHAIR  SEEKINS announced  he                                                               
would take public testimony on the bill at a later date.