03/14/2022 01:30 PM Senate JUDICIARY

               SB 161-POLITICAL PARTY DEFINITION                                                                            
                                                                                                                                
2:18:45 PM                                                                                                                    
CHAIR HOLLAND announced the consideration  of SENATE BILL NO. 161                                                               
"An  Act relating  to the  definition of  'political party';  and                                                               
providing for an effective date."                                                                                               
                                                                                                                                
CHAIR HOLLAND asked Senator Wielechowski to introduce the bill.                                                                 
                                                                                                                                
2:19:09 PM                                                                                                                    
SENATOR  BILL  WIELECHOWSKI,  Alaska State  Legislature,  Juneau,                                                               
Alaska, sponsor of SB 161, stated  that this issue was brought to                                                               
him  by  a  constituent  active  in  the  Libertarian  Party.  He                                                               
paraphrased the sponsor statement.                                                                                              
                                                                                                                                
     Senate Bill  161 simplifies  the process  for political                                                                    
     parties  gaining  official recognition  by  recognizing                                                                    
     any party  with at least 5,000  registered voters. This                                                                    
     bill would replace the  current variable threshold with                                                                    
     a standard that is simple and consistent.                                                                                  
                                                                                                                                
     Currently, political parties gain or maintain official                                                                     
      recognition by having registered voters equal to at                                                                       
     least 3%  of the  total votes  cast for  governor, U.S.                                                                    
     Senate, or  U.S. House of  Representatives in  the last                                                                    
     election depending  on which  office was on  the ballot                                                                    
     that  year.   This  threshold  can  vary   wildly  from                                                                    
     election  to election  and after  the 2020  election it                                                                    
     increased by 27% because of record voter turnout.                                                                          
                                                                                                                                
     With the  passage of Ballot  Measure 2,  official party                                                                    
     status  will  no longer  be  used  to determine  ballot                                                                    
     access  for  candidates  for  governor  and  lieutenant                                                                    
     governor, U.S.  Congress, or Alaska  State Legislature.                                                                    
     The  only  offices   for  which  officially  recognized                                                                    
     parties  will have  automatic  ballot  access are  U.S.                                                                    
     president and  vice president. Parties with  much fewer                                                                    
     than  5,000 registered  voters routinely  secure ballot                                                                    
     access by  petition and SB  161 will save  the Division                                                                    
     of  Elections   the  time  and  expense   of  reviewing                                                                    
     petitions for parties that  have already demonstrated a                                                                    
     significant amount of support.                                                                                             
                                                                                                                                
     Officially  recognized   parties  have  the   right  to                                                                    
     purchase two  pages in the Official  Election Pamphlet,                                                                    
     to nominate  poll workers  and election  board members,                                                                    
     and  to have  observers present  at polling  places and                                                                    
     counting  centers.  In  addition, there  are  different                                                                    
     campaign finance limits  and reporting requirements for                                                                    
     recognized  parties and  unrecognized  parties. SB  161                                                                    
     ensures  that this  status is  determined by  a simple,                                                                    
     consistent, and easy to understand threshold.                                                                              
                                                                                                                                
2:19:46 PM                                                                                                                    
SENATOR  WIELECHOWSKI referred  to  a chart  in members'  packets                                                               
[titled,  Registered Voters  Needed for  Political Parties  to be                                                               
Officially Recognized, 2010 - 2020],  stating that the number was                                                               
roughly 11,000  people. He noted  that the figure  had fluctuated                                                               
depending on  the number of  people that voted at  each election.                                                               
For example,  in 2010, the  figure was under 8,000,  it increased                                                               
to nearly 10,000 in 2016, but since then it went back down.                                                                     
                                                                                                                                
SENATOR WIELECHOWSKI  stated that this  bill sets a  clear amount                                                               
of 5,000, which  was selected by the number  of Libertarian Party                                                               
registered voters.  The Alaska Supreme Court  previously reviewed                                                               
this in Vogler  v. Miller, a 1983 case. The  court ruled that the                                                               
state threshold of 10 percent  was too high and unconstitutional.                                                               
He  noted that  most states  had  thresholds in  the 2-5  percent                                                               
range.  He noted  that  he solicited  comments  from the  Alaskan                                                               
Independence Party, the Green Party,  and the Constitution Party,                                                               
and  the  Green  Party  supported   lowering  the  threshold.  He                                                               
indicated that he was unaware of any opposition to the bill.                                                                    
                                                                                                                                
2:21:38 PM                                                                                                                    
SENATOR MYERS  stated that the  legislature had not  updated this                                                               
statute in  40 years,  but the  state's population  has increased                                                               
since then  by 40 percent.  He asked  whether the bill  should be                                                               
static or if it should tie to the census population figures.                                                                    
                                                                                                                                
SENATOR  WIELECHOWSKI answered  that he  was neutral.  He offered                                                               
his  view that  the bill  should use  some specific,  substantial                                                               
figure.  He  stated his  preference  to  use  a firm  figure,  so                                                               
parties will  know what number  they need to reach.  He indicated                                                               
that he  would not object if  the committee decided it  was wiser                                                               
to add a population adjuster.  He reiterated that 5,000 seemed to                                                               
be a reasonable  figure since Alaska does not have  big spikes in                                                               
population.                                                                                                                     
                                                                                                                                
2:23:14 PM                                                                                                                    
SENATOR  HUGHES  offered one  approach,  that  if 3  percent  was                                                               
roughly 10,000,  the figure  could be  set at  1.5 percent  so it                                                               
would flow with the population.                                                                                                 
                                                                                                                                
SENATOR  WIELECHOWSKI answered  that  he had  no  issue with  1.5                                                               
percent, but he would like to hear the public testimony.                                                                        
                                                                                                                                
2:23:58 PM                                                                                                                    
DAVID DUNSMORE,  Staff, Senator  Bill Wielechowski,  Alaska State                                                               
Legislature, Juneau, Alaska, on behalf  of the sponsor of SB 161,                                                               
explained  that one  advantage of  having  a numerical  threshold                                                               
rather than  a formula was  that a formula would  fluctuate since                                                               
it was  tied to the  voter turnout  in the previous  election. He                                                               
stated  that presidential  elections  universally  have a  higher                                                               
voter turnout than  midterm elections. He referred  to the chart,                                                               
noting  that the  last  election had  a  dramatic bump.  However,                                                               
somewhat  paradoxically,  the  threshold to  become  a  qualified                                                               
party in  a midterm election  is actually  higher than that  in a                                                               
presidential election.                                                                                                          
                                                                                                                                
2:25:13 PM                                                                                                                    
CHAIR  HOLLAND  said he  understood  the  preference for  a  firm                                                               
figure.                                                                                                                         
                                                                                                                                
2:25:40 PM                                                                                                                    
SENATOR  SHOWER stated  that  5,000  was fine.  He  asked if  the                                                               
sponsor would reach out to other parties for comments.                                                                          
                                                                                                                                
2:26:24 PM                                                                                                                    
MR.  DUNSMORE pointed  out that  after  the bill  moved from  the                                                               
Senate  State Affairs  Committee, the  Alaska Constitution  Party                                                               
contacted him with support to lower the threshold.                                                                              
                                                                                                                                
2:26:48 PM                                                                                                                    
At ease                                                                                                                         
                                                                                                                                
2:27:05 PM                                                                                                                    
CHAIR HOLLAND reconvened the meeting.                                                                                           
                                                                                                                                
2:27:15 PM                                                                                                                    
SENATOR MYERS  noticed that the sponsor  statement indicated that                                                               
this was  being discussed  due to ballot  access changes  and the                                                               
Alaska  Public  Offices Commission  (APOC)  rules.  He asked  for                                                               
examples  of  differences  in  APOC  reporting  requirements  for                                                               
political parties.                                                                                                              
                                                                                                                                
MR.  DUNSMORE offered  to research  and report  to the  committee                                                               
with more details. He highlighted  that the two major differences                                                               
are  that political  parties can  create subdivisions  within the                                                               
party  that  are  treated  under  the  same  limit.  However,  an                                                               
individual group would need to  form a completely separate group.                                                               
For example, the Democratic and  Republican Parties have separate                                                               
House and Senate campaign accounts.  Second, there is a different                                                               
contribution limit for individuals  giving to parties and parties                                                               
contributing to candidates.                                                                                                     
                                                                                                                                
2:28:40 PM                                                                                                                    
CHAIR HOLLAND opened public testimony on SB 161.                                                                                
                                                                                                                                
2:29:06 PM                                                                                                                    
MIKE COONS,  representing self,  Palmer, Alaska,  thanked Senator                                                               
Wielechowski  for  bringing  up  the bill.  He  related  that  it                                                               
reminded him  that the  Green Party  and the  Alaska Constitution                                                               
Party  believe there  will be  parties in  2023 if  ranked-choice                                                               
voting  is repealed.  He offered  his view  that the  parties all                                                               
believe  in party  affiliation  and primaries  to  go along  with                                                               
them. He spoke in  support of SB 161. He agreed  that 5,000 was a                                                               
good figure, especially since the  smaller parties are requesting                                                               
that threshold.                                                                                                                 
                                                                                                                                
2:30:44 PM                                                                                                                    
CHAIR  HOLLAND  found  no further  testimony  and  closed  public                                                               
testimony on SB 161.                                                                                                            
                                                                                                                                
2:31:14 PM                                                                                                                    
CHAIR HOLLAND held SB 161 in committee.