04/03/2000 09:05 AM Senate FIN

SENATE JOINT RESOLUTION NO. 40                                                                                                  
Proposing amendments to the Constitution of the State                                                                           
of Alaska providing that the governor, United States                                                                            
senators, United States representative, and electors                                                                            
of the President and Vice-President of the United                                                                               
States be elected by a majority vote.                                                                                           
                                                                                                                                
This was the first hearing for this bill in the Senate                                                                          
Finance Committee.                                                                                                              
                                                                                                                                
SENATOR ROBIN TAYLOR expressed that in light of elections                                                                       
won by candidates, who received less than a majority of the                                                                     
votes, he believed the constitution should be amended to                                                                        
require a winning candidate to secure more than 50 percent                                                                      
of the votes.                                                                                                                   
                                                                                                                                
Senator Taylor stipulated that this amendment would result                                                                      
in a runoff election should a candidate receive less than                                                                       
50 percent of the ballots cast.                                                                                                 
                                                                                                                                
Senator Taylor stated that he supported the resolution,                                                                         
which he said was sponsored by the Senate Judiciary                                                                             
Committee at the request of the Senate Majority.                                                                                
                                                                                                                                
Co-Chair Torgerson asked why the president and vice-                                                                            
president were included in this resolution.                                                                                     
                                                                                                                                
Senator Taylor replied that the president and vice-                                                                             
president are actually elected through the Electoral                                                                            
College and that the delegates themselves are elected. He                                                                       
asserted that the delegates should receive a majority of                                                                        
the votes as well rather than a plurality.                                                                                      
                                                                                                                                
Senator Phillips asked for clarification of the definition                                                                      
of "majority" in the resolution.                                                                                                
                                                                                                                                
Senator Taylor answered a majority is 50 percent plus one                                                                       
vote. He did not know if the definition was specifically                                                                        
described in state statute, but argued this is what                                                                             
majority means.                                                                                                                 
                                                                                                                                
Co-Chair Torgerson said he inquired on the definition of                                                                        
majority from Department of Law and was supplied with the                                                                       
same answer as listed in a Black's Law Dictionary and                                                                           
others.                                                                                                                         
                                                                                                                                
KATHLEEN STRASBAUGH, Assistant Attorney General,                                                                                
Governmental Affairs Section, Civil Division, Department of                                                                     
Law, brought three items to the Committee's attention.                                                                          
First, she stated was the definition of majority, which                                                                         
caused confusion among others besides members of the                                                                            
Committee. She suggested that the definition should be                                                                          
detailed in the constitution along with this amendment.                                                                         
                                                                                                                                
The second issue Ms. Strasbaugh brought up was the language                                                                     
on page 1 line 16, through page 2, line 1 of the resolution                                                                     
stipulating that the legislature determines the procedure                                                                       
for arriving at a majority vote. She cautioned that this                                                                        
language could give the legislature more latitude than the                                                                      
resolution drafters intended.                                                                                                   
                                                                                                                                
Ms. Strasbaugh continued with the third item concerning the                                                                     
delegates to the Electorate College. She referenced AS                                                                          
15.30 that stipulates "a vote for the president is a vote                                                                       
for the elector." Article 5 Section 1 of the Alaska                                                                             
Constitution relates to the election of the president and                                                                       
the vice-president. She warned against enshrining the                                                                           
electorate in the constitution and then have the Electorate                                                                     
College extinguished, which she stressed, is a threatened                                                                       
possibility. She suggested leaving the existing language                                                                        
regarding the election of the president and vice president                                                                      
unchanged in the constitution.                                                                                                  
                                                                                                                                
Senator Adams asked if this resolution is a constitutional                                                                      
amendment or a revision.                                                                                                        
                                                                                                                                
Ms. Strasbaugh replied that the full implications of the                                                                        
outcome of Bess vs. Ulmer were not yet known and that this                                                                      
constitutional amendment litigation could change the                                                                            
resolution from an amendment to a proposed revision. She                                                                        
commented that this legislation looked simple but that it                                                                       
does propose changes to the state's electoral process,                                                                          
which might have other affects.                                                                                                 
                                                                                                                                
Senator Adams wanted to get a legal opinion on whether this                                                                     
resolution is considered an amendment or a revision. He                                                                         
stressed that without an opinion, a "gray area" would exist                                                                     
regarding this issue.                                                                                                           
                                                                                                                                
Co-Chair Torgerson commented that until the Supreme Court                                                                       
has ruled on the case, he thought it would not be possible                                                                      
to get a legal opinion. However, he requested the                                                                               
department try to prepare an opinion.                                                                                           
                                                                                                                                
Co-Chair Torgerson requested that Senator Taylor prepare                                                                        
answers to the questions posed by the department and he                                                                         
ordered the bill HELD in Committee.