05/04/2022 01:00 PM House JUDICIARY

               SB 161-POLITICAL PARTY DEFINITION                                                                            
                                                                                                                                
2:15:18 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
CS  FOR  SENATE  BILL  NO.  161(JUD), "An  Act  relating  to  the                                                               
definition of  'political party'; and providing  for an effective                                                               
date."  [Before the committee was HCS CSSB 161(STA).]                                                                           
                                                                                                                                
CHAIR  CLAMAN  explained  that   members  of  the  committee  had                                                               
expressed interest in  an amendment that would  undo an amendment                                                               
adopted by the House State  Affairs Standing Committee.  However,                                                               
research indicated that  an identical version of  the bill cannot                                                               
be introduced as a new version of the same bill.                                                                                
                                                                                                                                
2:16:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND [made  clear the  committee's intent  to                                                               
work from the Senate version of the bill:  CSSB 161(JUD)].                                                                      
                                                                                                                                
2:18:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  moved  to  adopt  Amendment  1  to  CSSB
(JUD), labeled 32-LS1361\I.3, Bullard, 5/4/22, which read:                                                                   
                                                                                                                                
     Page 1, line 6:                                                                                                            
          Delete "registered voters"                                                                                        
          Insert "members who declared an affiliation with                                                                  
     that organized group when registering to vote"                                                                         
                                                                                                                                
CHAIR CLAMAN objected.                                                                                                          
                                                                                                                                
2:18:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE requested the definition of "members."                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN   explained  that  Amendment   1  defined                                                               
members as  those who declared  an affiliation with  an organized                                                               
group when registering  to vote.  He welcomed  the bill sponsor's                                                               
thoughts  on the  proposed amendment,  and  questioned the  legal                                                               
significance should it be adopted.                                                                                              
                                                                                                                                
2:19:49 PM                                                                                                                    
                                                                                                                                
SENATOR  BILL WIELECHOWSKI,  Alaska State  Legislature, as  prime                                                               
sponsor  of   CSSB  161(JUD),   expressed  concern   that  should                                                               
Amendment  1 pass,  a political  party could  unilaterally decide                                                               
not  to  have  someone's  political  party  placed  next  to  the                                                               
individual's name  on the ballot.   He cited AS  15.15.030, which                                                               
indicated that  the candidate shall decide  which political party                                                               
is  listed  on the  ballot.    He  added that  Legislative  Legal                                                               
Services  verified  that there  was  a  "freedom of  association"                                                               
issue with Amendment 1.                                                                                                         
                                                                                                                                
2:21:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE sought confirmation  that should Amendment 1                                                               
pass, the candidate would determine the political party.                                                                        
                                                                                                                                
SENATOR WIELECHOWSKI confirmed that's  correct.  For that reason,                                                               
he shared his belief that Amendment  1 was unnecessary, as it was                                                               
duplicative  of existing  law.   He  reiterated that  Legislative                                                               
Legal  Services had  indicated that  a party  cannot determine  a                                                               
person's political  affiliation.  He  emphasized that it  was the                                                               
candidate's choice, adding  that if a person had  registered as a                                                               
Democrat, he/she would be on the ballot as a Democrat.                                                                          
                                                                                                                                
2:22:53 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked whether the  proposed amendment  would change                                                               
existing law.                                                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN shared  his understanding  that it  would                                                               
not.  Further,  he opined that the proposed amendment  may not be                                                               
needed.                                                                                                                         
                                                                                                                                
2:24:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KURKA  shared   his   understanding  that   upon                                                               
registering to  vote, a political  affiliation was declared.   If                                                               
the political affiliation or group  did not meet the threshold of                                                               
5,000 [members],  he asked  whether the  language in  Amendment 1                                                               
would be needed.                                                                                                                
                                                                                                                                
SENATOR   WIELECHOWSKI  explained   that  if   a  candidate   was                                                               
registered as  affiliated with  a political  party or  group, the                                                               
affiliation may  be designated  on the ballot  after the  name of                                                               
the candidate  by request of  the candidate.  He  reiterated that                                                               
under  existing   law,  the  party   with  which   the  candidate                                                               
registered  would  be placed  on  the  ballot.   He  opined  that                                                               
Amendment  1   was  unnecessary,  as  the   concept  was  already                                                               
established under state law.                                                                                                    
                                                                                                                                
2:27:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN withdrew Amendment 1.                                                                                    
                                                                                                                                
2:27:44 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease at 2:27 p.m.                                                                                 
                                                                                                                                
2:27:57 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN sought final comments from committee members.                                                                      
                                                                                                                                
2:28:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  recalled  the discussion  in  the  House                                                               
State Affairs Standing  Committee regarding membership threshold,                                                               
opining  that  the  threshold  could  be  substantially  reduced.                                                               
Ultimately,  he  opined   that  a  threshold  of   5,000  was  an                                                               
improvement;  however,  he  believed   that  the  change  may  be                                                               
immaterial to many Alaskans.                                                                                                    
                                                                                                                                
2:30:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND moved  to  report CSSB  161(JUD) out  of                                                               
committee  with individual  recommendations and  the accompanying                                                               
fiscal  notes.   There  being  no  objection, CSSB  161(JUD)  was                                                               
reported from the House Judiciary Standing Committee.