Legislature(2001 - 2002)
02/19/2002 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
SB 87-SPECIAL ABSENTEE BALLOTS
SENATOR GEORGIANNA LINCOLN, bill sponsor, thanked the committee
for hearing the bill and said Sara Boario would introduce the
bill.
SARA BOARIO, chief of staff to Senator Lincoln, explained that
purpose of the bill is to offer a voter living in a remote
location the opportunity to vote using the 60 day, special
advance absentee ballot. In current statute, only voters living,
working, or traveling outside the United States are eligible to
use this type of absentee ballot. However, distance, terrain and
natural conditions have prevented voters in remote areas from
reaching a community with a polling station or from receiving a
ballot by mail. Absentee ballots are now mailed out three weeks
prior to an election.
The Division of Elections already distributes the special 60 day
special advance absentee ballot so this legislation would not
impose any administrative difficulties. The bill has a zero
fiscal note.
During the previous hearing, there were concerns about the
interpretation of the words, "remote" and "reasonable."
legislative legal advised them to review how the Division of
Elections applies their current regulations to determine
permanent absentee voters. This should provide a good indication
of how they would apply SB 87 to determine which remote voters
would be eligible to receive the special ballot. The regulations
to review are 6 AAC 25.650. One of the criteria used by the
division to identify permanent absentee voters is if the voter
"resides in a remote area in Alaska or distance, terrain or other
natural conditions deny the voter reasonable access to the
polling place." The definition of "remote" is inherent in
regulation and in the bill and the key phrase is "reasonable
access." In the past, courts have interpreted "reasonable" as a
matter or degree, which depends upon the specific facts of the
case. The Division of Elections reviews the specific facts of the
permanent absentee voters and as Gayle Fenumiai indicated in her
follow up letter of January 22, 2002, voters who would benefit
from this bill are uniquely identified within the voter
registration system.
She said Ms. Fenumiai addressed the concern expressed about
people taking responsibility to exercise their duty to vote in
her recent letter. Voters are taking the necessary steps to apply
for the absentee ballot but they don't receive them in time to
vote. In more urban areas, additional accommodations have been
made for absentee voters. There are now absentee voting stations
at international airports and at UAA and UAF so in addition to
the regular mail-in absentee ballots absentee voters in urban
areas have a back up system to make their vote count.
They have also been asked to discuss the by-pass mail system and
how that might affect the bill. Some people believe the changes
proposed by Senator Ted Stevens and Representative Don Young will
hurt mail and passenger service to Bush Alaska and others think
it will at least save the system. Under the current structure,
the U.S. Postal Service is losing over $100 million per year in
Alaska. Without the proposed changes the Postal Service will be
forced to eliminate the service altogether, which could have a
devastating impact on both mail and passenger service to rural
Alaska. Opposing forces have stalled Representative Young's HR.
3444 and the last report from Senator Stevens was not optimistic.
CHAIRMAN THERRIAULT asked whether an individual that wants this
ballot would make application to the regional election supervisor
and be added to the list as a person that qualifies for the
special 60 day absentee ballot.
SENATOR LINCOLN advised Ms. Fenumiai was on line to answer that
type of question.
GAYLE FENUMIAI explained voters that are designated as permanent
absentee voters in the voter registration system, still need to
apply for an absentee by-mail ballot. This bill would allow them
to receive the 60 day advance ballot but they would still need to
complete an absentee by-mail ballot application.
CHAIRMAN THERRIAULT asked how individuals would be cleared to be
eligible for permanent absentee voting.
MS. FENUMIAI said individuals who are identified as permanent
absentee voters are mailed absentee ballot applications at
specific times during the year. If the division received a
registration form from a voter who lived in one of the areas they
have designated as rural due to remoteness or lack of reasonable
access to a polling place, their record is flagged, which would
trigger their receiving a by-mail application. The voter would
still need to complete the application to receive any kind of
absentee ballot.
CHAIRMAN THERRIAULT asked her if she had any idea how many people
might be affected with the passage of the bill.
MS. FENUMIAI said she didn't have any numbers to offer and didn't
know whether every voter that might qualify would apply for the
special 60 day absentee ballot.
SENATOR LINCOLN asked Ms. Fenumiai if she hadn't already
identified nearly 1,000 people that would qualify to receive the
special ballot.
MS. FENUMIAI said that is correct; Shelly Growden, the elections
supervisor from Fairbanks, reported she has over 1,000 voters
living in remote areas that have been classified as permanent
absentee voting areas. Any of these individuals that apply to
vote would be eligible to receive the special ballot.
CHAIRMAN THERRIAULT commented Ms. Growden's move to the Fairbanks
Division of Motor Vehicle office is a loss to the Division of
Elections.
There were no committee substitutes or amendments offered. The
bill had a zero fiscal note.
He asked for the will of the committee.
SENATOR DAVIS made a motion to move SB 87 and attached fiscal
note from committee with individual recommendations.
There being no objection, SB 87 moved from committee.
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