04/23/2001 09:12 AM Senate FIN

                                                                                                                                
     CS FOR SENATE BILL NO. 187(STA)                                                                                            
      "An Act relating to absentee and special needs voting."                                                                   
                                                                                                                                
                                                                                                                                
This  was the first  hearing  for this  bill in  the Senate  Finance                                                            
Committee.                                                                                                                      
                                                                                                                                
LORETTA BROWN,  staff to  Senator Ward, read  the sponsor  statement                                                            
into the record as follows.                                                                                                     
                                                                                                                                
     This  legislation  will require  the director  of elections  to                                                            
     notify  the voting public  of all "absentee  in person  voting"                                                            
     locations  at least 60 days prior to an election.  It will also                                                            
     provide  a  uniform  statewide  opening  date for  absentee  in                                                            
     person voting.  Currently the location and opening  periods for                                                            
     absentee  voting stations is at the discretion  of the director                                                            
     of the  division of  elections and requires  no public  notice.                                                            
     This  has led  to some  inconsistencies  in  opening dates  and                                                            
     voting locations.                                                                                                          
     SB 187 requires that  the director of the division of elections                                                            
     provide  full public  notice of  the location  of all  absentee                                                            
     voting  stations at least  60 days prior  to each election.  No                                                            
     new  absentee voting  stations  sights may be  added or  opened                                                            
     after the 60-day notification period.                                                                                      
                                                                   th                                                           
     Absentee voting  stations will be operated on  or after the 15                                                             
     day before  a primary, general, or special election.  Qualified                                                            
     voter  may  apply  in person  for  an absentee  ballot  at  the                                                            
                                                   th                                                                           
     absentee  voting  station on  or after  the 15   day before  an                                                            
     election  up  to  and  including  the  date  of  the  election.                                                            
     Absentee voting stations can not be opened early.                                                                          
     Having   a  uniform   state   wide  opening   date  and   prior                                                            
     notification  of all absentee  voting in person locations  will                                                            
     make for less confusion  for the voters and a more even playing                                                            
     field for all concerned.                                                                                                   
                                                                                                                                
Amendment  #1: This amendment  changes the  number of days  required                                                            
for notification  of absentee voting station locations  from 30 days                                                            
to 45 days before each election.                                                                                                
                                                                                                                                
Senator Ward moved for adoption.                                                                                                
                                                                                                                                
Co-Chair Kelly objected for an explanation.                                                                                     
                                                                                                                                
Senator Ward  noted the Senate State  Affairs Committee had  changed                                                            
the requirement  from the  originally proposed  60 days, to  30 days                                                            
and this amendment would be a compromise.                                                                                       
                                                                                                                                
Senator Ward spoke to the  legislation itself. He shared that during                                                            
the previous legislative  election, he became aware  of "unexplained                                                            
radio  and television  advertisements"   sponsored by  his  opposing                                                            
candidate  and  candidates  in other  races.  He then  learned  that                                                            
absentee  voting  would  begin  at the  Dimond  Center  sooner  than                                                            
originally  scheduled.  He noted  the  Division of  Elections  spent                                                            
$35,000  advertising  the earlier  opening.  Speaking  on behalf  of                                                            
himself  and  other   candidates,  who  were  now   sitting  on  the                                                            
Committee,  he expressed, "This caught  some of us flat footed."  He                                                            
questioned  how  the opposing  candidates  learned  of  the  earlier                                                            
opening sooner than he and other Republican candidates did.                                                                     
                                                                                                                                
Senator Ward remarked the  reason for this legislation is to set the                                                            
opening  dates  into  law  rather  than at  the  discretion  of  the                                                            
lieutenant governor  and the director of the Division  of Elections.                                                            
He asserted that the process  is already established in statute, but                                                            
commented, "They violated that law."                                                                                            
                                                                                                                                
Senator  Ward  stated  that  while  30  days  is  not  adequate  for                                                            
notification  purposes,  45 days  is ample  time  for candidates  to                                                            
relay to voters when and where absentee voting is available.                                                                    
                                                                                                                                
Co-Chair Kelly removed  his objection and the amendment was ADOPTED.                                                            
                                                                                                                                
Senator  Ward  noted  neither  the Division  of  Elections  nor  the                                                            
Administration  opposed this legislation,  to his understanding.  He                                                            
stated this  legislation is "clean  up language to put into  writing                                                            
what we all thought the rules were."                                                                                            
                                                                                                                                
GAIL FENUMIAI,  Election Program Specialist, Division  of Elections,                                                            
Office of  the Governor,  agreed that the  division does not  oppose                                                            
the legislation.  She clarified  that the  absentee voting  stations                                                            
for the 2000 general  election were opened one week  prior to the 15                                                            
days originally  announced,  or 22 days prior  to Election  Day. She                                                            
stated this was done under  statutory authority to open those voting                                                            
locations  early  if  the  ballots   are  available  and  ready  for                                                            
distribution.  She noted this was an unusual circumstance.  She told                                                            
of voters  coming  into the regional  elections  offices asking  for                                                            
ballots, citing travel  plans and other reasons they would be unable                                                            
to wait until  the posted opening  date. She stressed all  political                                                            
parties were notified  by telephone of the earlier  opening and that                                                            
the division  advertises the beginning  of absentee voting  in every                                                            
election as part of normal procedures.                                                                                          
                                                                                                                                
Senator  Ward offered  a motion to  move from  Committee, CS  SB 187                                                            
(STA), with  accompanying zero  fiscal note  from the Office  of the                                                            
Governor.                                                                                                                       
                                                                                                                                
There was no objection and the bill MOVED from Committee.