Legislature(1993 - 1994)
02/03/1993 01:35 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 94 An Act making a supplemental appropriation for
costs of elections operations; and providing for an
effective date.
HB 94 was HELD in Committee for further
discussion.
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HOUSE BILL 94
"An Act making a supplemental appropriation for costs
of elections operations; and providing for an effective
date."
DON HARRIS, CHIEF OF STAFF, OFFICE OF THE LIEUTENANT
GOVERNOR, stated that the Division of Elections has
requested a supplemental in order to be able to continue
operations for the remainder of the fiscal year. Mr. Harris
provided the Committee with Attachment #1, a memorandum from
Cynthia Halterman, Budget Analyst, Office of Management and
Budget (OMB) to Shelby Stastny, Director, OMB, providing
background information and a financial analysis of the
requested supplemental funding. The request resulted from
recent reapportionment decisions and recommendations for
cooperation between various State agencies to perform tasks
necessary to successfully conducting primary and general
elections.
Representative Hoffman asked if there was a comparison of
expenditures from the FY 92 reapportionment versus the 1980
election. Mr. Harris offered to provide that information.
Representative Hoffman questioned if the hiring of temporary
personnel had been authorized. Representative Hanley
referenced Attachment #2 which provides factual information
on reapportionment. Representative Grussendorf pointed out
that the costs of the current reapportionment were ten times
higher than the last one.
Representative Hoffman asked for a breakdown of the amount
spent on hiring of temporary personnel. Mr. Harris
explained that the authorized number of employees was fifty-
two although the actual number hired was seventy-five.
There was also $285 thousand dollars of overtime expenses.
CAROL THOMPSON, ELECTIONS SUPERVISOR, SOUTHCENTRAL REGION
(DISTRICT 7 - 16), OFFICE OF THE LIEUTENANT GOVERNOR,
testified via teleconference. She stated that
reapportionment had a major effect on the Anchorage office
causing a backlog by increasing the number of polling
places. There were hundreds of phone calls each day because
of voter confusion. She added precincts must be clearly
established in order for the Division to go forward with
elections. Currently, there are twenty-six thousand
applications from the 1993 PFD which need to be entered into
the voter registration system by 4/01/93 for upcoming
municipal elections.
Representative Navarre pointed out that the Division of
Elections will run out of funds 2/15/93. He recommended
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providing a small supplemental which will allow them to
function until the end of the fiscal year. Co-Chair Larson
added additional alternatives:
1. Provide adequate funding in order to carry the
Division over for a temporary period of time.
2. Clearly define the obligations of the Division of
Elections with regard to costs associated with
functions and personnel. Separate that funding.
3. Provide a fully funded supplemental.
Representative Martin understood that special funds had been
appropriated to the Division of Elections from the Permanent
Fund Dividend (PFD). Representative Navarre replied that
funds had not been appropriated from the PFD to the Division
of Elections.
SHELLY GROWDEN, ELECTIONS SUPERVISOR, CENTRAL REGION
(DISTRICT 17-21, 24 & 27), OFFICE OF THE LIEUTENANT
GOVERNOR, testified via teleconference. Ms. Growden
reiterated the concerns of Carol Thompson. A large part of
her area is rural. By the time the reapportionment plan was
adopted, the Division of Elections had to adjust precinct
boundaries to fit within district boundaries and to reassign
all registered voters. She pointed out that all employees
had been reduced to a thirty hour work week. With the
reduced staffing and the effects of the reapportionment,
keeping current is difficult.
Representative Therriault asked if Ms. Growden and staff
were currently working on the unprocessed registration
applications. Ms. Growden noted at this time their office
each day receives hundreds of PFD applications. The Central
Region consists of forty-eight precincts. The priority of
that area is to prepare precinct election materials for the
3/02/93 elections.
Representative Navarre corrected an earlier statement and
noted there was a fiscal note submitted with the bill passed
last year which allowed for Permanent Fund Dividend to
provide funds to cover voters registration transfer fees.
This fiscal note amounted to $16 thousand General Fund
dollars to handle incoming registrations.
Co-Chair Larson stated that following the audit of the
Division, then the Budget and Audit Committee would schedule
a meeting. Moving from a preliminary audit to a final audit
includes a thirty day period in which the agency can respond
to the audit and any additional information requests. Mr.
Harris pointed out that payroll would end for the Division
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of Elections in the third week of February.
REPRESENTATIVE ULMER requested that the committee substitute
include funding to cover the Southeast Conference, et. al.,
attorney's fees. There are a number of communities which
funded the lawsuit and the State owes them these funds plus
a 10.5% interest charge from the 25th of June 1992 until the
amount is paid in full. Representative Therriault
understood that some of the attorney fees were being
disputed and recommended the disputes be individually
investigated. Co-Chair Larson thought reconciliation of
attorney fees should be handled by the Department of Law.
Representative Martin suggested the charges for the
reapportionment legal fees be kept separate from the
Election Division supplemental. Representative Navarre
explained that the lawsuits resulted from the
reapportionment process and the way in which it was
executed. There were a number of violations which occurred
during that process.
Co-Chair Larson asked if a lack of funding had caused the
Division of Elections to RSA money to the Department of Law
for defense of any reapportionment suits. Mr. Harris stated
that $125 thousand dollars was contracted from the Division
of Elections budget in order to hire an attorney. Also,
there is an obligation to the Department of Administration
for $230 thousand dollars for computer services plus an
additional billing of $82 thousand dollars from DOA for
election purposes.
Representative Hanley interjected that the action of the
Committee would determine if municipal elections would occur
this spring. He emphasized, that the most critical issue
before the Committee is to guarantee that elections can be
held. Co-Chair Larson asked if amounts due to the
Department of Administration and those for legal services
had been paid. Mr. Harris replied they have not.
(Tape Change, HFC 93-16, Side 1).
Representative Parnell asked if the award of the attorney
fees had been reduced to a judgement. Representative Ulmer
stated she understood they were and that all attorneys fees
were awarded with the exception of "expert witness" fees.
Representative Parnell asked if the intent would include the
attorneys fees reduced to judgement. Representative Ulmer
stated that was her intent.
Co-Chair Larson asked if the supplemental included a request
to pay the municipalities.
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DAN SPENCER, OFFICE OF MANAGEMENT AND BUDGET (OMB), OFFICE
OF THE GOVERNOR, offered to provide that information to the
Committee.
Representative Grussendorf asked if the Reapportionment
Board had a separate budget from the Division of Elections.
Mr. Harris stated they did.
Representative Brown referenced Attachment #1. She asked
how much of the reflected expenditures represent media
costs. Mr. Harris asked that someone from the Division of
Elections provide that information to the Committee.
Representative Brown questioned the increased salary for
election workers and asked how much of the budget resulted
from that increase. Mr. Harris stated that information was
not available.
Representative Brown asked if the charge-back from the
Department of Administration had included time required for
the remainder of the fiscal year. Mr. Harris explained that
the Division had incumbered $210 thousand dollars for
charge-backs although following the elections, OMB made an
additional reallocation in order to continue service until
2/15/93. Representative Brown inquired if the entire amount
had been for services already incurred. Mr. Harris noted
that there have been no funds requested for work between now
and the end of the fiscal year.
MICHAEL NIZICH, DIRECTOR, DIVISION OF ADMINISTRATIVE
SERVICES, OFFICE OF THE GOVERNOR, responded there are three
separate RSA's for various types of work totaling $284
thousand dollars. At this time, unpaid bills total $214
thousand dollars. The additional request includes estimates
for the remaining portion of the fiscal year including
billings not yet received.
Representative Brown asked the reason for increased use of
temporary hires during the past election.
CHARLOT THICKSTUN, DIRECTOR, DIVISION OF ELECTIONS, OFFICE
OF THE LIEUTENANT GOVERNOR, explained this resulted from the
condensation of six months of work into a two month time
period, creating a need for more employees. Waiting for the
reapportionment and the primary elections impacted the
situation.
Representative Brown repeated her question regarding media
expenditures. Ms. Thickstun stated that Lt. Governor
Coghill had provided television information to the public.
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Representative Hanley asked if the $356.2 thousand dollars
supplemental requested would cover Spring elections
throughout the State.
SHELLY GROWDEN, ELECTIONS SUPERVISOR, CENTRAL REGION
(DISTRICT 17-21, 24 & 27), OFFICE OF THE LIEUTENANT
GOVERNOR, testified via teleconference. She pointed out
that the Mantanuska Office would be having a special
election 4/93.
Representative Hanley asked if $356 thousand dollars would
be the needed amount to input the fourteen thousand names in
the Fairbanks area and the twenty-five thousand names in the
Anchorage area in time for the upcoming elections. Ms.
Thickstun stated that appropriation could not cover those
costs. The supplemental covers costs for only permanent
employees to return to a 37.5 hour work week plus the
addition of two temporary employees. There is no way the
work can be finished on schedule with only two temporary
employees.
Mr. Nizich noted that the $356.2 thousand dollar allocation
would restore the eighteen permanent full time staff to a
37.5 hour work week effective 3/01/93. Those funds would
also restore two permanent part-time positions and two
temporary positions to assist with the REAA's process. The
figures represent what the Division should need to continue
operations from 3/01/93 to 6/30/93. Representative Hanley
questioned if the appropriation of the funds would allow the
April elections to continue as scheduled.
Ms. Thickstun stated the registers will not be up to date
which will impact the elections. There are not funds
available to up date all registers. It would be necessary
to have an additional ten temporary employees immediately in
the Anchorage region alone.
Representative Brown asked the cost to hire ten temporaries
for six weeks in order to bring voter registration current
before the April elections. Mr. Nizich offered to provide
the Committee that information. Representative Brown
questioned the repercussions to those voters not included on
registers. Ms. Thickstun replied their only alternative, if
they were not listed on the register, would be to vote an
absentee ballot.
LOUISE HOWERTER, ELECTIONS SUPERVISOR SOUTHEAST REGION
(DISTRICT 1-6), OFFICE OF THE LIEUTENANT GOVERNOR, spoke to
the elections impact in the Southeast area. She stated that
work on reapportionment began in this area in October, and
consumed most of each day from that time forward. The
Region I office tried to cut cost by taking advantage of
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airline specials for travel and utilized the prisoner work
team to set up polling places.
Representative Brown asked if it was the responsibility of
the Division of Elections to provide maps of voting
districts. Ms. Thickstun stated it is and added that maps
were placed into the election pamphlets for the candidates.
Representative Brown felt those maps were unreadable. She
asked if it was a statutory requirement that a readable map
be provided. Ms. Thickstun did not know the source of the
map requirement. She added that maps are provided by the
Division of Elections Office, however, because this was an
interim plan the Division opted not to spend money on
interim maps.
Representative Brown inquired what has become of the new
geographic information system purchased for the purpose of
reapportionment and making the maps. Ms. Thickstun stated
that it is in the Office of Elections waiting to be used as
soon as there is a plan. Representative Brown asked if
census data was contained in that program at this time. Ms.
Thickstun replied it was. Representative Brown asked if
there was someone capable of running the program. Ms.
Thickstun stated, that currently the necessary personnel are
not available nor is the licensing fee paid. Representative
Brown asked if the capabilities of the system were available
to the Reapportionment Board. Ms. Thickstun stated that
Board is currently using the resources of the Department of
Labor. Representative Brown was surprised to hear that both
the Department of Labor and the Department of Natural
Resources have separate data systems.
Representative Hoffman asked how many fiscal officers have
been employed by the Division of Elections over the past two
years. Ms. Thickstun replied there have been four in that
time period. Representative Hoffman thought that was a lot
of employees for such a short period of time and the amount
of work needed to be completed.
Co-Chair Larson stated that HB 94 would remain in Committee
for further discussion and be rescheduled for 2/05/93.
Representative Therriault thought that legal fees should not
be included as part of the supplemental because it will
complicate the issue.
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