Legislature(2001 - 2002)

02/20/2002 01:08 PM House JUD

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
HJR 25 - CONST AM: INITIATIVE/REFERENDUM PETITIONS                                                                            
HB 213 - INITIATIVE/REFERENDUM PETITIONS                                                                                      
                                                                                                                                
Number 1799                                                                                                                     
                                                                                                                                
CHAIR ROKEBERG announced that the  committee would next hear both                                                               
HOUSE  JOINT RESOLUTION  NO. 25,  Proposing an  amendment to  the                                                               
Constitution of  the State of  Alaska relating to  initiative and                                                               
referendum petitions;  and HOUSE BILL  NO. 213, "An  Act relating                                                               
to  initiative and  referendum petitions;  and  providing for  an                                                               
effective date."                                                                                                                
                                                                                                                                
Number 1820                                                                                                                     
                                                                                                                                
RANDY  RUARO, Staff  to Representative  William "Bill"  Williams,                                                               
Alaska State  Legislature, on behalf of  Representative Williams,                                                               
sponsor, said  that [HB 213  and HJR  25] adds to  the initiative                                                               
process a requirement that  initiative sponsors gather signatures                                                               
equal  to 7  percent of  the voters  who voted  in the  preceding                                                               
general election,  in three-fourths  - or  30 -  of the  40 House                                                               
districts, before  the initiative  is placed on  the ballot.   He                                                               
offered  that   this  change  would  guarantee   that  before  an                                                               
initiative reaches  the ballot,  there is "some  baseline minimal                                                               
showing  of  statewide  support."    He  said  that  the  sponsor                                                               
believes that this  is good public policy.  He  noted that of the                                                               
23  states that  have  some  form of  the  initiative process,  a                                                               
majority   of    them   have   adopted    "geographic   signature                                                               
requirements."                                                                                                                  
                                                                                                                                
MR.  RUARO said  that  Washington State  has legislation  pending                                                               
that   would   impose   an  11   percent   geographic   signature                                                               
requirement.   Arkansas, Missouri,  Nebraska, and  Ohio have  a 5                                                               
percent geographic signature requirement.   Idaho has a 6 percent                                                               
geographic  signature  requirement.   Florida  has  an 8  percent                                                               
geographic  signature requirement.    Montana,  Nevada, and  Utah                                                               
have a 10 percent geographic  signature requirement.  Wyoming has                                                               
a  15 percent  geographic signature  requirement.   Massachusetts                                                               
has a  20 percent  geographic signature  requirement.   And Maine                                                               
has  a little  different requirement  in  that not  more than  25                                                               
percent of  the signatures can  come from  any one district.   He                                                               
pointed out  that the 7  percent requirement, as proposed  by [HB
213 and  HJR 25],  tends to  "weigh in  on the  lower end  of the                                                               
scale" in  comparison to  some other states.   In  conclusion, he                                                               
urged members to support [HB 213 and HJR 25].                                                                                   
                                                                                                                                
REPRESENTATIVE  BERKOWITZ  asked:   "What  is  the problem  we're                                                               
trying to fix?"                                                                                                                 
                                                                                                                                
MR. RUARO  indicated that  although it may  not necessarily  be a                                                               
"problem,"  there is  a perception  that the  debates surrounding                                                               
initiatives  need to  be expanded  [beyond  the large  population                                                               
centers].  He did acknowledge,  however, that in members' packets                                                               
there is a handout indicating  that for one recent initiative, in                                                               
at least 24  House districts, enough signatures -  over 7 percent                                                               
- were  gathered.  "So, even  with the current process,  it seems                                                               
like  there is  some gathering  of statewide  support; this  just                                                               
formalizes it, I guess," he added.                                                                                              
                                                                                                                                
Number 1992                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ, to illustrate  the problem that he sees                                                               
with [HB 213 and HJR 25],  noted that the Idaho requirement cited                                                               
by Mr.  Ruaro has been overturned  by the [U.S. District  Court -                                                               
District of  Idaho] November 2001  Idaho Coalition United  et al.                                                             
v.  Pete T.  Cenarrusa decision.   Representative  Berkowitz also                                                             
noted  that the  Cenarrusa decision  cited a  U.S. Supreme  Court                                                             
case, Moore v. Ogilvie, 394 U.S. 814 (1969), which said:                                                                      
                                                                                                                                
     [It  is] no  answer  to the  argument  under the  Equal                                                                    
     Protection  Clause  that  this   law  was  designed  to                                                                    
     require   statewide  support   for   launching  a   new                                                                    
     political  party   rather  than  support  from   a  few                                                                    
     localities.    This  law  applies  a  rigid,  arbitrary                                                                    
     formula  to  sparsely  settled  counties  and  populous                                                                    
     counties  alike,  contrary  to the  constitutional  ...                                                                    
     theme  of equality  among citizens  in the  exercise of                                                                    
     their political  rights.  The  idea that one  group can                                                                    
     be  granted greater  voting  strength  than another  is                                                                    
     hostile  to  the  one  man,   one  vote  basis  of  our                                                                    
     representative government.                                                                                                 
                                                                                                                                
REPRESENTATIVE  BERKOWITZ mentioned  that  the  Moore v.  Ogilvie                                                             
case was also cited in the  2000 U.S. Supreme Court case, Bush v.                                                             
Gore, which said:   "... we invalidated  a county-based procedure                                                             
that diluted the influence of  citizens in larger counties in the                                                               
nominating   process."     Therefore,  Representative   Berkowitz                                                               
surmised, "we're  in a legal  posture now where the  U.S. Supreme                                                               
Court is,  at the very least,  hostile to the notion  that we can                                                               
[institute] geographically  based requirements  for initiatives."                                                               
He asked Mr. Ruaro to comment.                                                                                                  
                                                                                                                                
MR. RUARO noted  that he did come across the  Cenarrusa case, but                                                             
his research  indicated that that  case is under appeal  and that                                                               
the "attorney  for the state  of Idaho" has  expressed confidence                                                               
in being  able to overturn  that decision.   He relayed  that the                                                               
attorney said  that the court  misread Moore v. Ogilvie  and that                                                             
it dealt with  a geographic requirement for a  specific number of                                                               
voters - 200 signatures from each  of at least 50 of that state's                                                               
102 counties;  thus, by having  a set  number, if a  district had                                                               
less  than that  required number  of voters  in it,  too large  a                                                               
percentage of signatures must be gathered.                                                                                      
                                                                                                                                
MR.  RUARO pointed  out that  in contrast,  [HB 213  and HJR  25]                                                               
requires a percentage of signatures and  not a set number.  Thus,                                                               
he added,  "there is no dilution;  if you have 1,000  voters in a                                                               
rural district  you need 7  percent, if you have  10,000 [voters]                                                               
in  an  urban  [district]  you  need 7  percent,  so  there's  no                                                               
weighting  of  the  voters'  rights  differently,  it  remains  a                                                               
constant percentage in each district."                                                                                          
                                                                                                                                
REPRESENTATIVE BERKOWITZ  said that  he is interested  in finding                                                               
out, from  those who are supportive  of [HB 213 and  HJR 25], why                                                               
they  feel this  sort  of  change is  necessary.    He said  that                                                               
understanding  that reasoning  could assist  him in  developing a                                                               
solution to the perceived problem.                                                                                              
                                                                                                                                
CHAIR  ROKEBERG  posited  that  it might  be  based  on  "Alaskan                                                               
political sectionalism,"  an issue  about which he'd  written his                                                               
senior thesis.                                                                                                                  
                                                                                                                                
Number 2196                                                                                                                     
                                                                                                                                
KATHERINE  M. NELSON  testified via  teleconference, noting  that                                                               
she  collects a  lot of  signatures on  a statewide  basis for  a                                                               
variety  of  petitions,  said  that   increasing  the  amount  of                                                               
signatures per  district could hurt  many of the petitions.   She                                                               
mentioned  that she  did not  think it  is fair  to increase  the                                                               
number signatures  required because  it increases  the likelihood                                                               
that the petitions will be disqualified.                                                                                        
                                                                                                                                
Number 2260                                                                                                                     
                                                                                                                                
ALVIN  ANDERS, Chair,  Alaska  Libertarian  Party, testified  via                                                               
teleconference,  and  indicated he  would  be  entering into  the                                                               
record some  remarks made by  Kenneth P. Jacobus, who  was unable                                                               
to  attend  this  meeting  but  who  has  testified  at  previous                                                               
hearings on [HB 213 and HJR 25]:                                                                                                
                                                                                                                                
     There  is no  reason that  Republicans should  lead the                                                                    
     charge to deprive the voters  of Alaska of their rights                                                                    
     to initiative.   In particular,  [if] we -  speaking as                                                                    
     [a] Republican  - want to  elect a  Republican governor                                                                    
     at  the next  election and  retain Republican  seats in                                                                    
     the newly  reapportioned legislature, we cannot  have a                                                                    
     proposed  constitutional amendment  on the  ballot that                                                                    
     could  allow our  opponents to  argue that  Republicans                                                                    
     want  to   deprive  the  voters  of   Alaska  of  their                                                                    
     initiative rights.                                                                                                         
                                                                                                                                
MR. ANDERS, speaking on his own  behalf, said that in addition to                                                               
being the chair of the Alaska  Libertarian Party, he is the chair                                                               
of "Anchorage  Citizens for  Implementing Medical  Marijuana"; is                                                               
the past chair and the  current treasurer of "Freedom in Alaska";                                                               
and has  worked on numerous  initiatives in  the state.   He said                                                               
that [HB  213 and HJR 25]  would make it extremely  difficult and                                                               
expensive  for   "initiatives  to   proceed."    He   noted  that                                                               
supporters of  the change proposed  by [HB  213 and HJR  25] have                                                               
conceded the point that it is  not really necessary, since it has                                                               
been  demonstrated that  there is  already  statewide support  of                                                               
initiatives that get placed on the ballot.                                                                                      
                                                                                                                                
MR. ANDERS recounted that with  regard to the initiatives that he                                                               
has worked  on, "we're  always getting  initiatives [out  to] all                                                               
parts of the  state, we've flown people to Kodiak,  I've flown to                                                               
Kodiak  on my  own expense,  [and] we've  had people  fly out  to                                                               
Sitka  [and] to  Cordova."   But  most of  the signatures,  under                                                               
current law, can be gathered  by attending the various fairs from                                                               
Fairbanks to Ninilchik.  Changing  the signature requirement to 7                                                               
percent in  30 districts  means that if  one lives  in Ketchikan,                                                               
Bethel, or Nome and wants to  put an initiative on the ballot, it                                                               
would no  longer be  possible to  do so by  spending a  summer in                                                               
Anchorage or Wasilla working the fair circuit.                                                                                  
                                                                                                                                
Number 2372                                                                                                                     
                                                                                                                                
MR. ANDERS  said that under  the change  proposed by [HB  213 and                                                               
HJR 25],  a person  would have  to fly  into 30  out of  40 House                                                               
districts and  gather anywhere from  700 to 1,000  signatures per                                                               
district; this represents a 200  to 700 percent increase over the                                                               
current  requirements.    He  observed   that  it  has  not  been                                                               
demonstrated that the  change proposed by [HB 213 and  HJR 25] is                                                               
necessary, that  it solves  any problems,  or that  it guarantees                                                               
that  communities will  become more  involved  in the  initiative                                                               
process.   He pointed out  that Alaska already has  a "geographic                                                               
distribution  requirement, and  signatures  are already  gathered                                                               
from throughout the state.                                                                                                      
                                                                                                                                
MR. ANDERS,  referring to testimony  regarding other  states that                                                               
have  geographic signature  requirements, said  that these  other                                                               
states,  with "more  draconian  distribution requirements,"  also                                                               
have better road  systems; "I can drive to every  county in every                                                               
one  of those  states ...  listed."   If the  State of  Alaska is                                                               
willing to build  roads to [all of its  districts] throughout the                                                               
state, then perhaps that requirement  would make sense, he added.                                                               
He  pointed out  that  there  are ways  to  make [the  initiative                                                               
process] more  accessible to  "far-flung communities,"  and would                                                               
save the legislature money at the same time:                                                                                    
                                                                                                                                
     That ... is  very easily done by simply  getting rid of                                                                    
     the petition  booklets, that the state  prints at great                                                                    
     cost  to the  taxpayers, and  making the  petitions one                                                                    
     page, with no certificate  statement required - they're                                                                    
     already certified  if the  people signing  the petition                                                                    
     are registered voters - ...  that could be loaded up on                                                                    
     the  Internet, downloaded  [via] 'Adobe  Access Files,'                                                                    
     and signed  anywhere in the  state and mailed  back in.                                                                    
     So, if  you want  to make  the initiative  process more                                                                    
     inclusive and ... save the  taxpayers money at the same                                                                    
     time, get  rid of  the petition  booklets, allow  us to                                                                    
     circulate a one-page petition like  we do for municipal                                                                    
     petitions, and  ... return  to the days  when we  had a                                                                    
     grace period.                                                                                                              
                                                                                                                                
     ... If  I lived in  Nome and I,  at my own  expense, go                                                                    
     out and gather  30,000 to 40,000 signatures  - like the                                                                    
     folks  did on  the minimum-wage  initiative -  and then                                                                    
     come up just a few  signatures short, [only] to have to                                                                    
     do it  again the  next year,  there aren't  many people                                                                    
     that have  the resources that the  [American Federation                                                                    
     of  Labor  and  Congress of  Industrial  Organizations]                                                                    
     (AFL-CIO)  had  that could  put  an  initiative on  the                                                                    
     ballot.  We would  have had the minimum-wage initiative                                                                    
     on the ballot two years ago  if you had not changed the                                                                    
     grace   period.     So,   [Representative]   Williams's                                                                    
     initiative is not necessary,  there's been no testimony                                                                    
     given  that  demonstrates  that  it  is  necessary,  it                                                                    
     doesn't  correct any  harm, and,  in  fact, it  creates                                                                    
     great damage.                                                                                                              
                                                                                                                                
MR.  ANDERS,  in response  to  questions,  indicated he  has  not                                                               
received any  compensation for gathering signatures  for the many                                                               
initiatives that he has been  involved with, among them the "hemp                                                               
initiative,  ...   term-limits  initiative,  move-the-legislature                                                               
[initiative, and the tax-cap initiative]."                                                                                      
                                                                                                                                
TAPE 02-19, SIDE B                                                                                                              
Number 2498                                                                                                                     
                                                                                                                                
MR. ANDERS added  that typically, he is the one  that pays others                                                               
to help him  gather signatures.  Referring to  another issue with                                                               
which  he has  concerns and  that he  hopes the  legislature will                                                               
correct, he said:                                                                                                               
                                                                                                                                
     Currently, we  have an  unconstitutional, undemocratic,                                                                    
     unrepublican  requirement  that  you  can  pay  $1  per                                                                    
     signature.   This violates peoples'  free-speech rights                                                                    
     and  it's counter  to the  spirit  of free  enterprise;                                                                    
     it's  just  absolutely  silly.   And  what  we  do,  as                                                                    
     citizens putting  initiatives on  the ballot --  I hate                                                                    
     to  hurt your  feelings,  but it's  far more  important                                                                    
     than what you folks are  doing in Juneau.  People, when                                                                    
     they hear  our initiative, ...  get a chance  to decide                                                                    
     whether ... they  support it, and then, when  and if it                                                                    
     makes it on  the ballot, they [again] get  to decide if                                                                    
     they support it.                                                                                                           
                                                                                                                                
     Many  a time,  we've gone  to legislators  and [asked],                                                                    
     "Hey, why  did you vote  for this  bill?"  And  then we                                                                    
     find out  later [that] they  didn't even have  a chance                                                                    
     to read  it because  it was so  large.   And, moreover,                                                                    
     oftentimes  people complain  that these  bills ...  are                                                                    
     written  by lobbyists  and  passed  by legislators  who                                                                    
     don't even  read them;  [legislators] have  their staff                                                                    
     read  them and  report  on them.    Citizens that  sign                                                                    
     these  petitions  and vote  on  these  issues --  these                                                                    
     issues   are   debated,   they're   issues   that   the                                                                    
     legislature  won't touch,  and the  citizens feel  it's                                                                    
     absolutely their  only recourse, ... to  petition their                                                                    
     government.                                                                                                                
                                                                                                                                
MR. ANDERS continued:                                                                                                           
                                                                                                                                
     So   all  we're   doing  by   passing  [Representative]                                                                    
     Williams's bills  is costing  the state more  money and                                                                    
     creating a court battle that  the state's going to have                                                                    
     to resolve,  because it's  going to  go to  the supreme                                                                    
     court.  ...  And, moreover, it just makes  bad will for                                                                    
     the Republicans with  the electorate.  Now,  if this is                                                                    
     something Republicans  want to  champion at  this time,                                                                    
     that's  okay with  me, but  we'll be  having plenty  of                                                                    
     Libertarians on  the ballot for  people to  choose less                                                                    
     government  without  having  to go  for  somebody  that                                                                    
     supports  less government  and less  individual liberty                                                                    
     and less democracy.                                                                                                        
                                                                                                                                
Number 2404                                                                                                                     
                                                                                                                                
CHAIR   ROKEBERG   said   that   while  he   does   support   the                                                               
constitutional right  of the people  of Alaska to enter  into the                                                               
initiative  process, he  would point  out  that the  "legislature                                                               
continually has to rewrite or  readjust the bad drafting in every                                                               
initiative petition that's  come along in the  last eight years."                                                               
He opined  that even those  petitions that were sponsored  by Mr.                                                               
Jacobus were  poorly drafted  because of a  lack of  proper legal                                                               
counsel to assist with the drafting.                                                                                            
                                                                                                                                
MR.  ANDERS  said  he  would  pass  the  comments  regarding  the                                                               
drafting of initiatives on to  Mr. Jacobus.  Mr. Anders mentioned                                                               
that Senator  Ellis assisted him  with his  initiative pertaining                                                               
to same-day voter registration by  having the Legislative Affairs                                                               
Agency  draft it.   He  suggested that  perhaps Chair  Rokeberg's                                                               
concern  regarding  bad  draftsmanship  of  initiative  petitions                                                               
could  be remedied  during  the approval  process  by having  all                                                               
petitions  reviewed  and  redrafted by  the  legislative  Affairs                                                               
Agency.     He  noted  that   sometimes,  when   the  legislature                                                               
"corrected" what  it considered to  be a badly  written petition,                                                               
the voters did not look upon that correction favorably.                                                                         
                                                                                                                                
REPRESENTATIVE  OGAN asked  whether "people  read the  bills when                                                               
they sign these petitions?"                                                                                                     
                                                                                                                                
MR. ANDERS relayed  that often, when people  are first approached                                                               
to sign  a petition, they  won't sign  it at that  time; instead,                                                               
they  will  take  the  informational  pamphlets  home  for  later                                                               
review.   Then,  when  people are  subsequently approached,  they                                                               
will  sign the  petitions, particularly  if it  is an  issue that                                                               
receives  widespread  media debate.    He  noted that  initiative                                                               
petitions that  do not get  a lot  of media coverage  often don't                                                               
get  a lot  of  signatures either.   He  opined  that many  bills                                                               
proposed  by the  legislature  do  not receive  a  lot of  public                                                               
comment,  and suggested  that perhaps  all legislation  should be                                                               
subject to voter  approval after passage by the  legislature.  In                                                               
this way, he  posited, the public would become  more informed and                                                               
more involved in the process.                                                                                                   
                                                                                                                                
CHAIR ROKEBERG  remarked that  if the  "fourth estate"  in Alaska                                                               
were doing  a better job,  there would be better  publicity about                                                               
legislation.                                                                                                                    
                                                                                                                                
Number 2230                                                                                                                     
                                                                                                                                
REPRESENTATIVE  OGAN referred  to  the billboard-petition  issue,                                                               
and said:                                                                                                                       
                                                                                                                                
     There was blatant lies in  that drive.  I remember they                                                                    
     had on TV [an ad  that] said, "Billboards:  hundreds of                                                                    
     them, thousands  of them, as  far as the eye  can see."                                                                    
     And  they had  this graphic  cartoon ...  of billboards                                                                    
     popping up  ... along  the sides of  the roads.   [But]                                                                    
     ... billboards  were illegal in  this state.  ...  So I                                                                    
     guess one of  the things that I have  problems with ...                                                                    
     is [that]  there's a lack of  accountability and honest                                                                    
     advertising in these things.                                                                                               
                                                                                                                                
     And the people  that I've been approached  [by] to sign                                                                    
     petitions   are  obviously   getting  paid.     They're                                                                    
     hustling signatures;  they don't  really know  what the                                                                    
     issue is.   They're approaching  you with a  sound bite                                                                    
     of, [for example],  "Do you want to make  it illegal to                                                                    
     shoot  wolves from  airplanes?"   ... I  was approached                                                                    
     with that, ...  and that was already  illegal, and what                                                                    
     they were  banning was  shooting wolves  while airborne                                                                    
     on  the same  day, but  you actually  have to  land....                                                                    
     So, ... what do you do  [to] police your people to make                                                                    
        sure that they're representing these initiatives                                                                        
     honestly?                                                                                                                  
                                                                                                                                
Number 2157                                                                                                                     
                                                                                                                                
MR. ANDERS  said that that  is a good point.   He noted  that the                                                               
two examples  Representative Ogan  mentioned are  two initiatives                                                               
that he could  have been paid to circulate, but  he refused to do                                                               
so because  he disagreed with  them.   So, just like  people will                                                               
refuse to  sign a  petition because they  disagree with  it, many                                                               
people will refuse  to circulate a petition for  the same reason.                                                               
He said  that the  people who  are good  circulators are  able to                                                               
honestly and  accurately represent  the [petition].   He  said he                                                               
has  had  people   tell  him  that  they'd   sign  any  petition,                                                               
regardless of the  issue, simply because they  are huge champions                                                               
of the initiative process and they  feel that people have a right                                                               
to decide these issues.  With  regard to the issue of whether the                                                               
advertising is  honest, he said  that that  is the burden  of the                                                               
opposition:   to point out the  flaws.  He acknowledged  that the                                                               
billboard [initiative] advertising, which  was very effective and                                                               
very clever,  "was able to carry  the day."  He  remarked that it                                                               
seems he is  often in alliance with other  initiative groups, not                                                               
because he  supports their  causes, but because  he and  they all                                                               
support the initiative process.                                                                                                 
                                                                                                                                
REPRESENTATIVE  OGAN  asked Mr.  Anders  whether  he thinks  that                                                               
rural Alaskans should be disenfranchised from the process.                                                                      
                                                                                                                                
MR. ANDERS said absolutely not; that  is why he is opposed to the                                                               
change proposed by  [HB 213 and HJR 25], because  that is exactly                                                               
what  it  would do.    It  would  not only  disenfranchise  rural                                                               
Alaskans but all Alaskans, he opined.                                                                                           
                                                                                                                                
REPRESENTATIVE OGAN said  he disagrees; [HB 213 and  HJR 25] seem                                                               
to give  all Alaskans,  not just urban  Alaskans, the  ability to                                                               
drive the "petition process."                                                                                                   
                                                                                                                                
MR. ANDERS  argued that such  a change  would not make  it easier                                                               
for people  in rural Alaska to  put issues before the  voters; if                                                               
that  is the  goal, his  suggestion regarding  placing initiative                                                               
petitions  on the  Internet is  a  better solution.   The  change                                                               
proposed  by  [HB  213  and  HJR 25]  would  make  it  even  more                                                               
expensive than it  currently is for someone from  rural Alaska to                                                               
put something on the ballot, he opined.                                                                                         
                                                                                                                                
CHAIR ROKEBERG  pointed out  that if the  change proposed  by [HB
213 and  HJR 25] is adopted  by the legislature, the  voters will                                                               
have a chance to vote on that change as well.                                                                                   
                                                                                                                                
Number 2014                                                                                                                     
                                                                                                                                
KAREN  BRETZ, Alaskans  for Efficient  Government, testified  via                                                               
teleconference.    She  explained  that  Alaskans  for  Efficient                                                               
Government  is  the  organization   that  sponsored  the  tax-cap                                                               
initiative and  the ballot  initiative to  move the  Alaska State                                                               
Legislature from Juneau to  the Matanuska-Susitna Valley ("Mat-Su                                                               
Valley").    She  reminded  the  committee  that  the  initiative                                                               
process is  guaranteed to  Alaskan citizens  by the  Alaska State                                                               
Constitution,  and  opined that  HB  213  and  HJR 25  limit  the                                                               
constitutional  rights  of  Alaskan   citizens  to  petition  the                                                               
government.  She continued:                                                                                                     
                                                                                                                                
     You, the  members of the  legislature, are  our elected                                                                    
     representatives.   If the electorate believes  that the                                                                    
     legislature  is  not  addressing  certain  issues,  the                                                                    
     electorate has  the power  to take  matters in  its own                                                                    
     hands  and  place  issues on  the  ballot  through  the                                                                    
     petition process.   The petition  process serves  as an                                                                    
     important safety valve for the  people.  The resolution                                                                    
     proposes   to  force   us  to   vote  on   whether  our                                                                    
     constitutional  rights  should  be limited.    This  is                                                                    
     unacceptable.                                                                                                              
                                                                                                                                
     If  passed,  this  bill  and  resolution  will  further                                                                    
     alienate the  electorate.  From the  experiences of Mr.                                                                    
     Kalenka and  myself collecting  signatures to  make the                                                                    
     legislature   more   accessible,   I  tell   you,   the                                                                    
     electorate is  already jaded  and disillusioned.   They                                                                    
     want  their  voices  to  be  heard  more  clearly,  not                                                                    
     muffled.   And I will also  add that Mr. Kalenka  and I                                                                    
     were  not   paid  to   collect  signatures   [for]  the                                                                    
     legislative-move  initiative or  for the  tax cap.   In                                                                    
     fact, we spent  a great deal of our own  money and time                                                                    
     to place those issues on the ballot.                                                                                       
                                                                                                                                
MS. BRETZ continued:                                                                                                            
                                                                                                                                
     One argument  presented in  favor of  the bill  and the                                                                    
     resolution is  that they  will give  more power  to the                                                                    
     rural  communities.     This  isn't   necessary;  rural                                                                    
     communities  already have  the opportunity  to vote  on                                                                    
     all proposed  [initiatives and referendums],  just like                                                                    
     everyone  else  in  the  state   does.    The  proposed                                                                    
     restrictions will increase the  cost and work necessary                                                                    
     to  put  an issue  on  the  ballot; they  will  prevent                                                                    
     regular citizens  from participating in  the initiative                                                                    
     process.    Only  well-funded special  interest  groups                                                                    
     will  be able  to place  issues on  the ballot.   Those                                                                    
     well-funded  special interest  groups, in  effect, will                                                                    
     be able  to buy  a place on  the ballot,  while regular                                                                    
     citizens will  not be able  to get their  issues heard.                                                                    
     On behalf  of the voters of  Alaska, I urge you  to not                                                                    
     pass [HB 213 and HJR 25]  out of your committee.  Thank                                                                    
     you.                                                                                                                       
                                                                                                                                
CHAIR  ROKEBERG noted  that currently,  two-thirds  of the  House                                                               
districts have to be represented,  whereas the change proposed by                                                               
[HB 213 and HJR 25] will only  raise that number by three or four                                                               
districts.  He asked:  "Is it the 7 percent that troubles you?"                                                                 
                                                                                                                                
MS. BRETZ said:  "The entire  bill troubles me; the spirit of the                                                               
bill  is restricting  the rights  of the  people to  petition the                                                               
government, and I'm  disturbed that the legislature  is trying to                                                               
restrict that [right]."                                                                                                         
                                                                                                                                
Number 1855                                                                                                                     
                                                                                                                                
UWE  KALENKA, Alaskans  for Efficient  Government, testified  via                                                               
teleconference,  and said  simply that  [HB 213  and HJR  25] are                                                               
ill-conceived,  are  ill-advised,  and  should not  pass  out  of                                                               
committee.  [The proposed legislation]  tampers with the peoples'                                                               
constitutional rights, he opined, and  violates the spirit of the                                                               
[Alaska State] Constitution.                                                                                                    
                                                                                                                                
Number 1796                                                                                                                     
                                                                                                                                
MICHELE  KECK  testified via  teleconference,  and  said she  has                                                               
worked on several  initiatives as a consultant  and an organizer.                                                               
She opined that [HB 213 and  HJR 25] wouldn't solve the perceived                                                               
problem that the sponsor is trying  to fix.  Making the signature                                                               
phase  harder is  not  going to  make it  fairer  to the  smaller                                                               
communities; it's  just going to make  it harder for them  to get                                                               
things  on the  ballot.   In the  signature phase,  she observed,                                                               
people  sign  mostly just  so  that  things  will appear  on  the                                                               
ballot, not necessarily because they  support or oppose any given                                                               
issue.  She  elaborated:  "Out gathering  signatures, you'll hear                                                               
time and  time again,  'I'm not  sure if  I'll agree,  but, sure,                                                               
I'll sign  just to get it  on the ballot  and vote on it.'"   And                                                               
the reason people do this,  she surmised, is because they support                                                               
the initiative process; they want  to have the debate, and decide                                                               
and vote on the issues, themselves.   She posited that the public                                                               
does  not want  what they  perceive to  be a  restriction on  the                                                               
initiative process.                                                                                                             
                                                                                                                                
MS. KECK said that  [HB 213 and HJR 25] would  raise the costs of                                                               
initiatives, which will make it  more prohibitive for the smaller                                                               
communities  in  rural  Alaska  to  participate;  therefore,  the                                                               
people with  less money  - the average  citizens and  the average                                                               
groups -  will be limited in  their ability to participate.   She                                                               
opined that the ability to  participate in the initiative process                                                               
will  shift into  the hands  of professional  signature gatherers                                                               
and  outside organizations  with a  lot of  money to  "pull these                                                               
things  off."   She  also  opined  that the  7-percent-from-each-                                                               
district  requirement is  much too  high; currently,  there is  a                                                               
statewide  10 percent  requirement, which  averages out  to about                                                               
22,000 signatures.   She noted, however, that in  reality, to put                                                               
an  issue on  the ballot,  35,000  to 40,000  signatures must  be                                                               
gathered; therefore,  raising the requirement to  7 percent would                                                               
actually have  the effect of  requiring signatures from  about 12                                                               
percent of a district's registered voters.                                                                                      
                                                                                                                                
Number 1684                                                                                                                     
                                                                                                                                
MS.  KECK offered  that if  the goal  is to  make the  initiative                                                               
process more  accessible to  rural Alaska,  "we should  do things                                                               
like allow petitions on the e-mail,  or make it easier for people                                                               
in  rural  communities  to  sign,"  since  access  in  Alaska  is                                                               
limited.   To  have a  good initiative  campaign, she  explained,                                                               
"you do need to  go out and get support from  all sorts of people                                                               
around   the  state";   people   involved  with   Anchorage-based                                                               
petitions make  an effort  to go  out to the  airport and  to the                                                               
state fairs  to talk with  people who live outside  the Anchorage                                                               
community,  because  without  statewide support,  the  initiative                                                               
won't succeed.                                                                                                                  
                                                                                                                                
MS.  KECK,   on  the  issues  of   honest  advertising,  drafting                                                               
problems, and  sound bites, said  that those issues  are separate                                                               
from,  and  will  not  be  addressed  by,  making  the  signature                                                               
requirement harder.   She stated  that the initiative  process is                                                               
already hard enough, and that  the reason there are problems with                                                               
people gathering signatures on the street  is that there is a lot                                                               
of pressure to get so many  signatures in a short period of time.                                                               
She  said:   "We don't  need the  process made  harder."   If any                                                               
changes  occur, they  should  be  ones that  make  it easier  for                                                               
people to participate.   She suggested that one only  has to look                                                               
at the  number of  initiatives filed, as  compared to  the number                                                               
that actually make  it on the ballot, to see  that the initiative                                                               
process is not out of control and should be left alone.                                                                         
                                                                                                                                
CHAIR ROKEBERG,  referring to Ms.  Keck's statement  that passage                                                               
of [HB  213 and HJR 25]  would, in actuality, require  that about                                                               
12 percent  of a  district's registered  voters sign  a petition,                                                               
asked  whether  this  is  because  some  of  the  signatures  are                                                               
illegible or because  petitions are signed by people  who are not                                                               
registered voters.                                                                                                              
                                                                                                                                
MS. KECK explained  that petitioners ask people  whether they are                                                               
registered to vote  before they are allowed to  sign, but pointed                                                               
out that  because many people are  in a hurry when  they sign the                                                               
petition, oftentimes  what is hurriedly  written on  the petition                                                               
does not appear to match what  the Division of Elections has, and                                                               
so those  names gets  thrown out.   She  noted that  when address                                                               
information no longer matches what  the Division of Election has,                                                               
those names also  get thrown out, as  do names in which  use of a                                                               
middle  initial does  not  match.   Because  of  these and  other                                                               
reasons,  many names  are thrown  out, she  said, remarking  that                                                               
there is  no way to  verify that  a signature will  be considered                                                               
valid and thus count towards fulfilling the requirement.                                                                        
                                                                                                                                
Number 1515                                                                                                                     
                                                                                                                                
RYAN  KENNEDY,  Chairman,  Anchorage Citizens  for  Taxi  Reform,                                                               
testified  via teleconference,  and  after noting  that  he is  a                                                               
loyal Republican,  said that  he feels  that there  are a  lot of                                                               
problems with [HB  213 and HJR 25].   He opined that  [HB 213 and                                                               
HJR  25] would  be  introducing a  "federal  character" into  the                                                               
initiative process,  adding that  he does not  see any  reason to                                                               
make such a change.  He  pointed out that the governor is elected                                                               
by  a simple  majority of  votes and  does not  have to  garner a                                                               
certain number of votes according  to a geographical requirement.                                                               
So why should the initiative  process be any different, he asked.                                                               
He opined that  the only reason to  adopt [HB 213 and  HJR 25] is                                                               
to make the current initiative  process more difficult, and aside                                                               
from  that,  there is  no  compelling  reason for  adopting  this                                                               
legislation.                                                                                                                    
                                                                                                                                
MR. KENNEDY  noted that although  citizens have  a constitutional                                                               
right to  petition the  government, adoption of  [HB 213  and HJR
25] would simply be piling  more restrictions onto the initiative                                                               
process.   He recounted  that during the  signature phase  of the                                                               
initiative that he  was involved with, although  he could collect                                                               
signatures at  the airport, he  had to  first be issued  a permit                                                               
and then  was limited to  a certain area  and certain times.   He                                                               
also recounted  that when he  was filing  for the permit,  he was                                                               
told that  if the issuing agency  did not agree with  the subject                                                               
of his initiative,  he would not be issued the  permit that would                                                               
allow him to gather signatures at the airport.                                                                                  
                                                                                                                                
MR.  KENNEDY  noted  that  although   the  issuing  agency  later                                                               
apologized for  that statement  and agreed that  it did  not have                                                               
the  right  to   limit  Mr.  Kennedy's  right   to  petition  his                                                               
government, his point  is that [HB 213 and HJR  25] are merely an                                                               
attempt  to  limit  his  right  to  petition  and  make  it  more                                                               
difficult.   Pretty soon,  the only  people who  will be  able to                                                               
sponsor initiatives  are those  with "vested  interests," whereas                                                               
the  whole point  of the  initiative process,  he posited,  is to                                                               
circumvent  powerful special  interest groups  and the  political                                                               
pressures that they bring to bear on the legislature.                                                                           
                                                                                                                                
Number 1261                                                                                                                     
                                                                                                                                
SUSAN  E.  SCHRADER,  Alaska  Conservation  Voters  (ACV),  after                                                               
noting  that  the   ACV  is  a  coalition   of  34  environmental                                                               
organizations with a combined membership  of about 35,000 Alaskan                                                               
voters, said  that the ACV  has always opposed any  measures that                                                               
would restrict the initiative process.   She said that she agrees                                                               
with many  of the comments  made by previous speakers  opposed to                                                               
[HB 213 and HJR 25].  She continued:                                                                                            
                                                                                                                                
     I  did  want  to  point   out  two  pieces  of  factual                                                                    
     information that you might want  to consider.  And that                                                                    
     is ... that Alaskan voters  have spoken recently in two                                                                    
     instances on  the issue  of restricting  the initiative                                                                    
     process.  One,  you will recall, was  Ballot Measure 1,                                                                    
     which was the ballot in  November of 2000, and that was                                                                    
     a   proposed   amendment    to   the   [Alaska   State]                                                                    
     Constitution to  restrict the initiative process  so it                                                                    
     could not be used to  address wildlife issues.  ... I'd                                                                    
     like  to remind  you  that that  ballot measure  failed                                                                    
     overwhelmingly  by  65  percent;   in  District  5,  74                                                                    
     percent of the voters voted it down.                                                                                       
                                                                                                                                
     And I believe  this was not so much an  issue of voting                                                                    
     for or against  wolf control, this was  an issue voting                                                                    
     for  or against  limiting people's  ability to  use the                                                                    
     initiative  process -  essentially what  Alaskan voters                                                                    
     would  be  addressing  if  [HJR 25]  makes  it  to  the                                                                    
     ballot.    In District  11,  65  percent voted  no;  in                                                                    
     District 13,  70 percent voted  no; in District  19, 66                                                                    
     percent voted no; in District  27, 61 percent voted no;                                                                    
     in District 32, 59 percent  [voted no]; and in District                                                                    
     34,  60 percent  of the  voters voted,  "No, we  do not                                                                    
     want  our   rights  to   use  the   initiative  process                                                                    
     restricted."                                                                                                               
                                                                                                                                
     And  then  the  other  piece of  information  [that]  I                                                                    
     believe ... was attached to  our position paper ... was                                                                    
     a  poll  that  Alaska Conservation  Alliance  had  Ivan                                                                    
     Moore (ph) run in January.   ... There was one question                                                                    
     in  that  poll that  simply  asked,  "Do you  favor  or                                                                    
     oppose    measures    that   limit    citizen    ballot                                                                    
     initiatives?"   And  overwhelmingly, again,  75 percent                                                                    
     of those  polled, in  this Ivan  Moore poll,  said that                                                                    
     they  oppose such  measures.   So, I  just want  you to                                                                    
     have  that  information;  my prediction  would  be,  if                                                                    
     these measures did  make it to ballot,  that once again                                                                    
     Alaskan voters  will overwhelmingly turn it  down.  But                                                                    
     that is  certainly in  your hands,  whether or  not you                                                                    
     want to put it on the ballot.                                                                                              
                                                                                                                                
REPRESENTATIVE  COGHILL asked  how many  votes it  would take  to                                                               
fulfill a 7 percent requirement.                                                                                                
                                                                                                                                
Number 1649                                                                                                                     
                                                                                                                                
GAIL  FENUMIAI,  Election  Program  Specialist,  Central  Office,                                                               
Division  of  Elections,  Office   of  the  Lieutenant  Governor,                                                               
referred members to a spreadsheet  provided by the division.  She                                                               
explained  that the  spreadsheet  lists, by  House district,  the                                                               
number of  registered voters, the  number of people who  voted in                                                               
the  2000 general  election, and  7  percent of  that number  who                                                               
voted.  She  noted that the 7-percent figure is  dependent on the                                                               
voter turnout in each district  and ranges between 217 and [730].                                                               
She  also  noted  that  in   members'  packets  is  a  multi-page                                                               
spreadsheet detailing how many signatures  were verified for each                                                               
petition  over the  last several  years, and  what the  7 percent                                                               
requirement would  have been had  the change proposed by  [HB 213                                                               
and HJR  25] been in effect  at that time.   She reminded members                                                               
that currently, 10 percent is  required statewide, from 27 out of                                                               
40 House  districts.   In response to  a question,  she confirmed                                                               
that one  of the changes  proposed by [HB  213 and HJR  25] would                                                               
require that 30 out of 40 House districts be represented.                                                                       
                                                                                                                                
CHAIR  ROKEBERG mentioned  he does  have  concerns regarding  the                                                               
information  that Representative  Berkowitz presented,  and asked                                                               
that  the case  citations be  provided to  the committee.   Chair                                                               
Rokeberg  closed the  public hearing  on  HJR 25,  and asked  Mr.                                                               
Ruaro to state for the record what the purpose of HB 213 is.                                                                    
                                                                                                                                
MR.  RUARO  explained  that HB  213  merely  provides  conforming                                                               
amendments to  the statute should HJR  25 be adopted at  the next                                                               
general election.                                                                                                               
                                                                                                                                
Number 0837                                                                                                                     
                                                                                                                                
CHAIR  ROKEBERG  closed  the  public   hearing  on  HB  213,  and                                                               
announced that HB 213 and HJR 25 would be held over.                                                                            
                                                                                                                                

Document Name Date/Time Subjects