Legislature(1999 - 2000)

05/14/1999 02:15 PM House FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
HOUSE BILL NO. 141                                                                                                              
                                                                                                                                
An Act providing for preferential voting in state and                                                                           
local elections.                                                                                                                
                                                                                                                                
Work draft #1-LS0669\S, Kurtz, 4/19/99 was adopted on                                                                           
4/20/99.                                                                                                                        
                                                                                                                                
Co-Chair Therriault provided members with Amendment 1(copy                                                                      
on file).                                                                                                                       
                                                                                                                                
MIKE TIBBLES, STAFF, REPRESENTATIVE THERRIAULT explained                                                                        
Amendment 1. Amendment 1 would insert on line 8, page 2 one"                                                                    
and delete "candidates" and insert "one candidate for each                                                                      
office." The amendment clarifies that only one write in                                                                         
candidate per election can be marked as a preference.                                                                           
Current law only allows for one write in candidate. The                                                                         
amendment allows one write in candidate to be included in                                                                       
the voter's preference.                                                                                                         
                                                                                                                                
Representative J. Davies stated that the sentence is                                                                            
confusing. Co-Chair Therriault clarified that his motion                                                                        
would be conceptual and that the drafter could further                                                                          
clarify the language.                                                                                                           
                                                                                                                                
There being NO OBJECTION, it was so ordered.                                                                                    
                                                                                                                                
Co-Chair Therriault MOVED to ADOPT Amendment 2 (copy on                                                                         
file.) Mr. Tibbles explained that the amendment came as a                                                                       
request from the sponsor Representative Kott. Amendment 2                                                                       
would delete "first choice" on page 3, line 3. He explained                                                                     
that the language "first choice" would cause problems on the                                                                    
second and subsequent round of tabulation.                                                                                      
                                                                                                                                
GAIL FENUMIAI, ELECTION PROGRAM SPECIALIST, DIVISION OF                                                                         
ELECTION, OFFICE OF THE LIEUTENANT GOVERNOR provided                                                                            
information on HB 141. She clarified that after the first                                                                       
round elimination the next candidate that intention would be                                                                    
that the next candidate to be eliminated would be the                                                                           
candidate with the fewest votes, not the first choice least                                                                     
votes. She explained that after the first round, the                                                                            
candidate with the fewest first choice votes would have                                                                         
their second choice votes redistributed to the other                                                                            
candidates. If no candidate receives a majority then the                                                                        
candidate, in the remaining pool, that has the least number                                                                     
of votes would be eliminated and their second choice votes                                                                      
would be redistributed.                                                                                                         
                                                                                                                                
Co-Chair Therriault questioned if the language would be                                                                         
clarified by the addition of "that tabulation". Ms. Fenumiai                                                                    
responded that "accumulative" could be added.                                                                                   
                                                                                                                                
Representative J. Davies summarized that the second choice                                                                      
becomes a first choice. Ms. Fenumiai observed that if there                                                                     
were five candidates and candidate number five had the least                                                                    
first choice votes then they would be eliminated and their                                                                      
second choice votes would be redistributed to candidates                                                                        
two, three and four. The candidate with the least remaining                                                                     
votes of these candidates would next be eliminated and their                                                                    
votes redistributed.                                                                                                            
                                                                                                                                
Representative J. Davies recommended the addition of                                                                            
"retabulated" or some other modifier.                                                                                           
                                                                                                                                
KELLY SULLIVAN, STAFF, REPRESENTATIVE KOTT provided                                                                             
information on behalf of the sponsor. She noted that the                                                                        
sponsor supports the deletion of "first choice" on the                                                                          
advice of the Division.                                                                                                         
                                                                                                                                
Representative J. Davies MOVED to AMEND Amendment 2 by                                                                          
adding, "retabulated" before "first choice". "First choice"                                                                     
would remain in the legislation. There being NO OBJECTION,                                                                      
it was so ordered.                                                                                                              
                                                                                                                                
There being NO OBJECTION, Amendment 2 was adopted as                                                                            
amended. The new language read: "If no candidate receives a                                                                     
majority of the retabulated votes, then the remaining                                                                           
candidate with the fewest retabulated first choice votes                                                                        
shall be declared defeated."                                                                                                    
                                                                                                                                
Representative J. Davies provided members with Amendment 3                                                                      
(copy on file). Amendment 3 would add "for the offices of                                                                       
President and Vice-President of the United States." He noted                                                                    
that an Electoral College is used in the primary elections                                                                      
for President and Vice-President of the United States. Ms.                                                                      
Sullivan explained that the language was added to clarify                                                                       
that the preferential vote would be used for all elections.                                                                     
Representative J. Davies maintained that the system for                                                                         
selecting the President and Vice-President should be a                                                                          
nationally consistent process. Representative G. Davis                                                                          
pointed out that the legislation pertains to the popular                                                                        
vote not the Electoral College.                                                                                                 
                                                                                                                                
A roll call vote was taken on the motion.                                                                                       
                                                                                                                                
IN FAVOR: Davies, Grussendorf, Williams                                                                                         
OPPOSED: G. Davis, Austerman, Bunde, Mulder, Therriault                                                                         
                                                                                                                                
Representatives Foster, Kohring, and Moses were absent from                                                                     
the vote.                                                                                                                       
                                                                                                                                
The MOTION FAILED (3-5).                                                                                                        
                                                                                                                                
Mr. Tibbles reviewed the fiscal note. He noted that the cost                                                                    
for the election is every other year and is not needed in                                                                       
the first year. The fiscal note reflects $175 thousand                                                                          
dollars for software redesign.                                                                                                  
                                                                                                                                
Ms. Fenuumiai responded that the fiscal note is inadequate                                                                      
to allow the Division to implement the legislation                                                                              
effectively. She added that the estimation for the software                                                                     
redesign was based on the first draft of the legislation,                                                                       
which did not contain the complex primary accounting                                                                            
mechanism. She did not think that the funding would be                                                                          
sufficient to get the programming enhanced. The remaining                                                                       
reduced amounts in subsequent years are not adequate.                                                                           
                                                                                                                                
(Tape Change, HFC 99 - 139, Side 2)                                                                                             
                                                                                                                                
Representative J. Davies questioned why second choice votes                                                                     
are not counted. Co-Chair Therriault stressed that there                                                                        
would be no reason to switch to a person's second choice                                                                        
while their first choice is in the running. Representative                                                                      
J. Davies expressed further concerns with the legislation.                                                                      
He emphasized that it is difficult to anticipate the                                                                            
consequences of the system. He recommended that the                                                                             
legislation be held and discussed over the interim. He                                                                          
expressed concern that a person could get elected that had                                                                      
fewer first choice votes than another candidate did. He                                                                         
maintained that the issue is the number of registered voters                                                                    
that do not vote.                                                                                                               
                                                                                                                                
Representative Austerman felt that the legislation should be                                                                    
in the form of a resolution. He emphasized that there should                                                                    
be a vote of the people.                                                                                                        
                                                                                                                                
Representative Grussendorf spoke against moving the                                                                             
legislation. He pointed out that no other state has                                                                             
implemented the system for their elected officials. The                                                                         
system is only being used by the New York School Board,                                                                         
which is trying "to get out from under it."                                                                                     
                                                                                                                                
Representative Williams noted that the Division of                                                                              
Elections' fiscal note was reduced from $1.8 million dollars                                                                    
to $175 thousand dollars. Co-Chair Therriault pointed out                                                                       
that approximately $1 million dollars was included in the                                                                       
Division's fiscal note for new Accu-Vote machines for every                                                                     
voting location. The House Finance Committee fiscal note                                                                        
does not fund this request. Representative Williams noted                                                                       
the need to reduce additional spending.                                                                                         
                                                                                                                                
Co-Chair Mulder recommended that the legislation be held for                                                                    
further view.                                                                                                                   
                                                                                                                                
Representative G. Davis asked for more information regarding                                                                    
software needs. Ms. Fenumiai clarified that the current                                                                         
system that is responsible for tabulating ballots cannot                                                                        
accommodate the preferential voting system without                                                                              
substantial modification.                                                                                                       
                                                                                                                                
HB 141 was heard and HELD in Committee for further                                                                              
consideration.                                                                                                                  

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