Legislature(2013 - 2014)CAPITOL 120
03/15/2013 01:00 PM House JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s):|| Commission on Judicial Conduct | |
| Select Committee on Legislative Ethics | |
| HB104 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | TELECONFERENCED | ||
| += | HB 104 | TELECONFERENCED | |
HB 104-ELECTION PROCEDURES; REAA ADVISORY BOARDS
1:21:26 PM
CHAIR KELLER announced that the final order of business would be
HOUSE BILL NO. 104, "An Act relating to election practices and
procedures; relating to the election of an advisory school board
in a regional educational attendance area; and providing for an
effective date." [Before the committee was CSHB 104(STA);
adopted as the work draft on 2/27/2013 was the proposed
committee substitute (CS) for HB 104, Version 28-GH1983\O,
Bullard, 2/27/13, which was amended on 3/11/13.]
REPRESENTATIVE GRUENBERG moved to adopt the proposed committee
substitute (CS) for HB 104, Version 28-GH1983\P, Bullard,
3/12/13, as the working document. There being no objection,
Version P was before the committee.
REPRESENTATIVE GRUENBERG noted that the amendments adopted thus
far are included in Version P.
1:23:21 PM
GAIL FENUMIAI, Director, Division of Elections, Office of the
Lieutenant Governor, stated that Version P appears to be
adequate and fine. She further stated that she is okay with the
amendments in Version P.
[The audio is inaudible from 1:23:44-1:25:54 p.m.]
CHAIR KELLER closed public testimony on HB 104.
1:25:27 PM
The committee took an at-ease from 1:25 p.m. to 1:27 p.m.
1:27:56 PM
ALPUEUS BULLARD, Attorney, Legislative Legal Counsel,
Legislative Legal and Research Services, Legislative Affairs
Agency (LAA), specified the necessary technical changes to
Amendment 1 that would conform it to Version P.
1:28:53 PM
REPRESENTATIVE LEDOUX moved that the committee adopt Amendment
1, labeled 28-GH1983\O.18, Bullard, 3/12/13, which read [with
technical changes to conform to Version P]:
Page 5, lines 8 - 17:
Delete all material and insert:
"* Sec. 11. AS 15.20.081(h) is amended to read:
(h) Except as provided in AS 15.20.480, an
absentee ballot returned by mail from outside the
United States or from an overseas voter qualifying
under AS 15.05.011 that has been marked and mailed not
later than election day may not be counted unless the
ballot is received by the election supervisor not
later than the close of business on the
(1) 10th day following a primary election
or special election under AS 15.40.140; or
(2) 15th day following a general election,
special runoff election, or special [THE] election,
other than a special election described in (1) of this
subsection."
Page 13, line 21:
Delete "AS 15.20.081(h), 15.20.081(i),"
Insert "AS 15.20.081(i)"
REPRESENTATIVE PRUITT objected.
1:30:38 PM
REPRESENTATIVE LEDOUX explained that her intention with
Amendment 1 is to [count an absentee ballot received] 15 days
[following] a general election, a special runoff election, or
any other special election. The Division of Elections, she
noted, suggested the change for both the primary and the general
elections because of things the division needed to do after the
primary that placed them in a time crunch. However,
Representative LeDoux opined that it doesn't appear that the
time crunch is related to the general election. Therefore, she
proposed Amendment 1 so that individuals overseas still have 15
days from the date the ballot was mailed to be received [and
counted] by the division.
1:31:52 PM
MS. FENUMIAI said that Amendment 1 would still allow the
division to close out the primary in a timely fashion and mail
ballots 45 days prior to the general election. She concurred
with Representative LeDoux that there isn't a time crunch
following the general election to mail any additional ballots,
and thus receipt of ballots 15 days following the general
election would work for the division processes. The division,
she remarked, will have to be cognizant and let voters know that
there are different deadlines for both election types.
REPRESENTATIVE PRUITT removed his objection.
There being no further objection, Amendment 1 was adopted.
1:32:47 PM
REPRESENTATIVE LEDOUX moved that the committee adopt Amendment
2, labeled 29-GH1983\0.19, Bullard, 3/12/13, which read [with
technical changes to conform to Version P]:
Page 2, following line 27:
Insert a new bill section to read:
"* Sec. 4. AS 15.10.170 is amended by adding a new
subsection to read:
(b) In addition to the watchers appointed under
(a) of this section, in a primary election, special
election under AS 15.40.140, or special runoff
election under AS 15.40.141, each candidate may
appoint one watcher in each precinct and counting
center."
Renumber the following bill sections accordingly.
REPRESENTATIVE PRUITT objected for discussion purposes.
1:33:31 PM
REPRESENTATIVE LEDOUX explained that Amendment 2 would address
poll watchers such that each candidate would choose his/her poll
watcher rather than the party. She recalled when she ran
against an incumbent in 2004 and was uncomfortable with the poll
watcher that was selected by the party because most of the
people in the party supported the incumbent.
REPRESENTATIVE LYNN expressed favor with Amendment 2.
CHAIR KELLER asked whether Amendment 2 would pose an additional
burden or cost to the Division of Elections.
MS. FENUMIAI answered that there wouldn't be a financial impact
to the division. However, there is the possibility that it
could cause additional angst for election staff because it could
result in more people in the polling place all day long, which
may cause voters to inquire about the extra people.
Administratively, the division will be able to handle this, she
said.
1:35:50 PM
REPRESENTATIVE PRUITT inquired as to any other ramifications of
Amendment 2.
MS. FENUMIAI replied that perhaps it could cause more confusion
at the polling places, particularly since voters don't
understand the poll watcher provisions. Many voters, she
related, feel uncomfortable that names are called out and marked
on a list. Currently, it can be difficult for election workers
to enforce procedures with poll workers. Again, she noted that
there is the possibility of increasing the number of people at
the polling place, many of which are small locations.
REPRESENTATIVE PRUITT asked whether Amendment 2 relates to
municipal elections.
MS. FENUMIAI answered that it would depend upon the individual
municipal ordinances. If the municipal ordinances refer to
Title 15, then Amendment 2 would relate to municipal elections.
If a municipal ordinance doesn't refer to Title 15, there is the
possibility that [the municipality] may need to make
adjustments.
REPRESENTATIVE PRUITT surmised then that there is a possibility
that there could be ramifications to Amendment 2 if a municipal
ordinance is tied to this. He then pointed out that Anchorage's
mayoral election is a nonpartisan election in which 15 people
could run. Therefore, there could be 15 people as poll
watchers, which he understood to be the concern Ms. Fenumiai is
discussing. He surmised that it could also impact a situation
in which there is a large primary or a special election.
1:39:36 PM
REPRESENTATIVE LEDOUX opined that she wasn't sure the current
statute would relate to those nonpartisan municipal elections
because they discuss the party selecting the poll watcher.
MS. FENUMIAI explained that Title 15 does only apply to state
conducted elections. As Representative Pruitt stated, it would
depend upon the municipal ordinances provisions related to its
election code.
REPRESENTATIVE PRUITT suggested then that the legislature might
not know the ramifications until cities review their own
ordinances and have to make potential adjustments.
1:41:03 PM
CHAIR KELLER related his understanding that under existing
statute one can't be present in a polling place unless one is
present to vote. He asked whether it's a regular occasion that
people are asked to leave.
MS. FENUMIAI replied that although it isn't a regular occasion,
there have been occasions when someone has been hanging around
and making people feel uncomfortable. Obviously, elections are
an open process that people are allowed to observe. Still,
polling places must be kept as secure as possible, and therefore
it's difficult for election workers to keep a watch on extra
people.
1:42:01 PM
REPRESENTATIVE GRUENBERG asked what a counting center is and
whether more than one poll watcher should be allowed in some of
the larger counting centers, such as Anchorage.
MS. FENUMIAI explained that a counting center is a location
where ballots are counted, such as at the polling places or the
regional offices at the Division of Elections. In further
response, Ms. Fenumiai reminded the committee that the
division's process is very open and transparent. In fact,
observers are allowed during the absentee and questioned ballot
review and counting processes. She recalled that the Anchorage
region 2 office has five Accu-Vote units counting absentee and
questioned ballots at once. The Anchorage region 2 office is
the largest office with the largest number of Accu-Vote
machines. Ms. Fenumiai, referring to ballot security, pointed
out that observers watch from a distant and aren't allowed to be
behind the tables or touching ballots.
REPRESENTATIVE GRUENBERG asked whether one observer could
adequately monitor a five-table room.
MS. FENUMIAI, noting that she couldn't attest to an individual's
observation skills, said that there isn't much to watch other
than election staff scanning ballots through the Accu-Vote
machine and obtaining copies of tapes after the machine
completes tabulating a district's ballots. She then explained
that the job of the two bipartisan people is to ensure that the
number of ballots in the envelope matches the number of ballots
scanned into the unit. If the counts are off, the process
starts over.
1:45:10 PM
REPRESENTATIVE PRUITT posed a scenario in which there is a
contested primary election for a three-person race. He then
asked whether each candidate can already have an observer.
MS. FENUMIAI explained that during the post-election process,
candidates appoint observers to attend the absentee and
questioned ballot review and they are allowed to have an
observer at each table conducting the absentee and questioned
ballot review. The division, she related, has been very open,
hasn't specified a number of observers, and has allowed people
to observe from a distance. Ms. Fenumiai stated that the
division attempts to maintain crowd control while allowing the
process to be open to the public.
REPRESENTATIVE PRUITT removed his objection, but noted that a
counting center may not be necessary to be included in
[Amendment 2].
REPRESENTATIVE GRUENBERG interjected that he liked including the
counting centers.
CHAIR KELLER, upon determining there was no further objection,
announced that Amendment 2 was adopted.
1:47:16 PM
[The audio is inaudible from 1:48:05-1:48:42 p.m.]
REPRESENTATIVE GRUENBERG moved to adopt Amendment 3, labeled 28-
GH1983\P.5, Bullard, 3/14/13, which read:
Page 4, lines 20 - 24:
Delete all material and insert:
"(2) permit a qualified voter to apply to vote an
absentee ballot by electronic transmission at any time
during a calendar year, subject to AS 15.20.081(b);"
REPRESENTATIVE PRUITT objected.
[The audio is inaudible from 1:48:55-1:49:20 p.m.]
1:49:25 PM
TED MADSEN, Staff, Representative Gruenberg, Alaska State
Legislature, explained that in Version P the request to utilize
an absentee ballot by electronic transmission is only applicable
to absent uniformed service voters and overseas voters.
Amendment 3 would extend the right to vote an absentee ballot by
electronic transmission to any Alaskan voter.
REPRESENTATIVE GRUENBERG interjected that Amendment 3 would
provide everyone the same right to apply for an absentee ballot
by electronic transmission. He explained that with an absentee
ballot by electronic transmission, the voter is sent the ballot
electronically and the individual has to sign it and mail it
back. Representative Gruenberg highlighted that Amendment 3
would allow people who are currently unable to obtain ballots,
such as individuals who are shut-ins, located in the Bush, or
for whom it's easier to vote from home to obtain a ballot
electronically. From a policy perspective, he opined that it's
important for anyone to receive his/her ballot. The individual
will still have to either mail in or deliver the absentee
ballot.
1:51:51 PM
REPRESENTATIVE LEDOUX inquired as to whether individuals who
aren't overseas or in the military are already allowed to
receive a ballot via an electronic transmission. She further
inquired as to whether Version P changes that.
MS. FENUMIAI concurred that any voter may apply to receive a
ballot via electronic transmission. The difference, however, is
that the federal law currently allows military and overseas
voters to apply to receive that ballot any time during the
calendar year. Voters who aren't in the military or overseas
would have to wait until 15 days prior to the election to apply
to receive a ballot via electronic transmission, but they have
always been able to vote it. Amendment 3 would allow all voters
to apply to receive a ballot via electronic transmission at any
time through the year rather than having two different filing
periods.
1:52:58 PM
REPRESENTATIVE PRUITT expressed a preference, in terms of the
administration of it by the division, to maintain the
requirement to wait until 15 days prior to the election to apply
to receive a ballot via electronic transmission.
CHAIR KELLER inquired as to whether the change proposed in
Amendment 3 would create an additional burden for the division.
MS. FENUMIAI answered that she didn't foresee Amendment 3
causing a different administrative burden on the division. In
fact, the change might make quite a few voters happy to not have
to wait until 15 days prior to the election. Therefore, passage
of Amendment 3 would result in everyone being able at any time
to receive a ballot via electronic transmission.
REPRESENTATIVE PRUITT questioned what happens to an individual
who doesn't receive a ballot via electronic transmission because
the division's email sent it to spam and it's not close to the
election timeframe and isn't being awaited.
MS. FENUMIAI explained that could happen now with military and
overseas voters as they could apply in January for an absentee
ballot by electronic transmission and not receive it until 45
days before an election. When the division receives an
application, the voter receives an email that the division
received the application to receive the ballot by electronic
transmission and that the voter will be notified when he/she can
access the ballot. Ms. Fenumiai opined that under Amendment 3
it wouldn't be different than those who qualify now to apply any
time during the year and still have to wait until 45 days prior
to the election to receive their ballot.
1:56:35 PM
REPRESENTATIVE LEDOUX asked if those receiving their ballot via
electronic transmission waive their right to privacy.
MS. FENUMIAI concurred, adding that statute specifies that the
voter has to acknowledge that he/she is waiving his/her right to
a confidential ballot. The aforementioned has been in statute
since fax voting was implemented in the 1990s.
REPRESENTATIVE LEDOUX inquired as to the percentage of the
absentee ballots that are by electronic transmission or fax.
MS. FENUMIAI answered that it's a small number. Prior to the
online ballot delivery system, in a presidential election year
there might be 2,000-3,000 voting by fax. In the most recent
election, she recalled that about 7,000 voters chose to receive
a ballot by electronic transmission, with the majority of them
using the online ballot delivery system versus the fax machine.
In further response to Representative LeDoux, Ms. Fenumiai
explained that the voter has to print their oath and affidavit,
sign, scan, and send it as an attachment by email, mail, or fax.
1:58:16 PM
REPRESENTATIVE GRUENBERG noted that Amendment 3 is a simple
amendment that attempts to make it easier for others to vote.
1:58:41 PM
REPRESENTATIVE PRUITT removed his objection.
CHAIR KELLER objected, commenting that he wasn't sure that it
would be clear to voters that they are waiving their privacy
rights. He characterized Amendment 3 as a big change for which
the ramifications are unknown.
1:59:32 PM
REPRESENTATIVE PRUITT asked when the affidavit is completed.
MS. FENUMIAI explained that first the voter has to apply and
submit a completed application with signature. The oath and
affidavit envelope is completed at the time of voting. The oath
and affidavit envelope has to be signed by the voter who has to
provide a unique identifier and has to be witnessed by at least
one person over the age of 18 who signs to confirm that he/she
saw the voter sign the oath and affidavit envelope. In response
to Representative LeDoux, Ms. Fenumiai clarified that the voter
oath and certificate includes language specifying that the voter
acknowledges he/she is waiving a portion of his/her right to a
secret ballot by casting a vote in this manner. These ballots
come to the division to be placed in secrecy sleeves so the
Absentee Board can review them as are all absentee ballots.
CHAIR KELLER asked whether for those voters overseas it's
conceivable not to learn they are waiving their right to a
confidential ballot until right before they vote.
MS. FENUMIAI offered that the notice to the voter that he/she is
waiving a portion of his/her right to a secret ballot might also
be on the application, but said that would require further
research to confirm.
REPRESENTATIVE LEDOUX surmised then that for the overseas voter,
it's a choice of waiving the right of privacy or not voting.
The aforementioned is the case currently, she noted. However, a
voter in the state who receives the notice that by using an
absentee ballot by electronic transmission they are waiving a
portion of their right to privacy has the choice of either
waiving their privacy rights or finding a way to get to the
polls on election day.
2:03:01 PM
REPRESENTATIVE GRUENBERG expressed hope that Chair Keller could
reconsider his objection to Amendment 3, which only allows the
voter to apply a little earlier than the 15 days.
CHAIR KELLER pointed out, however, that passage of Amendment 3
also allows more people to have access to an [absentee ballot]
by electronic transmission.
MS. FENUMIAI clarified that the right to vote by electronic
transmission is open to everyone; it's just the period of time
when a voter can apply for an application is different. When
fax voting was implemented, it was to accommodate overseas
military voters and was to be used as a method of last resort.
Ms. Fenumiai said although she couldn't predict whether
Amendment 3 would open up online electronic voting to more
people, she related that this year the number of online
electronic voters increased this year.
REPRESENTATIVE LEDOUX surmised then that currently everyone has
the right to vote by electronic transmission, but military and
overseas voter can apply anytime during the year whereas others
can only apply 15 days prior to an election. Therefore, the
only change with Amendment 3 is that anyone can apply to vote an
absentee ballot by electronic transmission at any time.
MS. FENUMIAI stated her agreement with Representative LeDoux's
understanding. In response to an earlier question, Ms. Fenumiai
specified that the waiver of confidentiality is on the voting
materials not on the ballot.
2:05:56 PM
CHAIR KELLER still maintained his objection to Amendment 3, and
noted that he isn't asking committee members to follow his lead
and doesn't mind being "rolled."
REPRESENTATIVE LYNN said he has difficulty deciding on Amendment
3.
2:06:40 PM
A roll call vote was taken. Representatives LeDoux and
Gruenberg voted in favor of the adoption of Amendment 3.
Representatives Lynn, Pruitt, and Keller voted against it.
Therefore, Amendment 3 failed to be adopted by a vote of 2-3.
2:07:07 PM
REPRESENTATIVE GRUENBERG moved to adopt Amendment 4, labeled 28-
GH1983\P.3, Bullard, 3/14/13, which read:
Page 5, following line 17:
Insert a new bill section to read:
"* Sec. 12. AS 15.20.081(i) is repealed and
reenacted to read:
(i) An absentee ballot application submitted by
a qualified voter or on behalf of a qualified voter is
valid through the two general elections following the
date the application is submitted. If a voter casts an
absentee ballot in accordance with (d) - (f) of this
section, the voter's absentee ballot application
remains valid through the two general elections
following the election in which the ballot was cast.
However, nothing in this subsection requires the
director or an election supervisor to send an absentee
ballot to a voter after the director or election
supervisor has received actual notice that mail sent
to the permanent mailing address of the voter, or a
different address provided by the voter, is
undeliverable to the voter at that address."
Renumber the following bill sections accordingly.
Page 13, line 21:
Delete ", 15.20.081(i),"
REPRESENTATIVE PRUITT objected.
2:07:49 PM
MR. MADSEN explained that Amendment 4 would repeal and reenact
AS 15.20.081(i) to allow for an absentee ballot application
submitted by a qualified voter to be valid for two general
elections following the date the application was submitted.
However, if the division receives notice that an item of mail
sent to the registered voter at the address he/she has provided
on the absentee ballot is undeliverable, the division no longer
needs to send materials to the voter at that address. Amendment
4 replaces the repeal of AS 15.20.081(i) in the current
legislation, which addresses allowing qualified absent uniformed
service members and overseas voters to have a similar system of
rolling absentee ballot.
2:09:40 PM
CHAIR KELLER noted that his objection is not to the concept of
Amendment 4 but rather that the concept is another piece of
legislation in another committee. Therefore, he opined that
it's inappropriate for this committee to have this discussion at
this time. Chair Keller then requested that the offeror of the
Amendment 4 withdraw it, otherwise he will object.
2:10:44 PM
The committee took an at-ease from 2:10 p.m. to 2:15 p.m.
2:15:35 PM
REPRESENTATIVE GRUENBERG withdrew Amendment 4.
2:15:46 PM
REPRESENTATIVE GRUENBERG moved that the committee rescind its
action in failing to adopt Amendment 3. There being no
objection, the committee rescinded its action in failing to
adopt Amendment 3 [and the committee treated the motion to adopt
Amendment 3 with Chair Keller's objection as once again before
it].
REPRESENTATIVE GRUENBERG informed the committee that adoption of
Amendment 3 wouldn't increase the number of voters; it merely
provides voters more time to apply.
CHAIR KELLER withdrew his objection to Amendment 3.
There being no further objection, Amendment 3 was adopted.
2:17:15 PM
REPRESENTATIVE LYNN moved to report CSHB 104, Version 28-
GH1983\P, Bullard, 3/12/13, as amended, out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, CSHB 104(JUD) was reported from the
House Judiciary Standing Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSHB 104 (JUD) ver. P.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| Division of Elections Response to HB 104 Questions.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| HB 104 Amendment P.8 GO Bond Election Pamphlet Info.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| HB 104 Amendment P.7 Election Pamphlets.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| HB 104 Amendment P.6 Online Voter Registration.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| HB 104 Amendment P.5 Absentee Ballot by Electronic Transmission.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| HB 104 Amendment P.4 Municipal Elections.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| HB 104 Amendment P.3 Rolling Absentee Voting.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |
| HB 104 Amendment P.2 Election Pamphlet plus GO bond.pdf |
HJUD 3/15/2013 1:00:00 PM |
HB 104 |