02/06/1993 08:00 AM House STA

  HB 47:  ABSENTEE BALLOTS -- PRIMARY ELECTIONS                                
                                                                               
  Number 357                                                                   
                                                                               
  TOM ANDERSON, LEGISLATIVE AIDE TO REPRESENTATIVE TERRY                       
  MARTIN, PRIME SPONSOR of HB 47 said, "We found constituents                  
  did not receive the right ballots."  He referenced the                       
  decision on Zawacki vs. State.  He stated Representative                     
  Martin opted to change the law, but those not choosing open                  
  ballots were disenfranchised because they still received the                 
  open ballot (wanted closed Republican, but was sent an open                  
  ballot).  He said, "A person who does not signify gets all                   
  the ballots allowed by party by-laws.  Example:  Democrats                   
  will not be sent Republican ballot.  It is a felony if both                  
  ballots be sent back, even if unused."                                       
                                                                               
  REPRESENTATIVE ULMER asked "Where is the section that says                   
  it is a felony to mark both ballots?"                                        
                                                                               
  CHAIRMAN VEZEY, "I do not recall it to be a felony."                         
                                                                               
  MR. ANDERSON, "I do believe it to be a felony though.  I                     
  will inquire with legal services."                                           
                                                                               
  REPRESENTATIVE ULMER, "I just wonder about confusion, if not                 
  fraud.  I would like info on this, therefore, I have                         
  questions concerning how it works."                                          
                                                                               
  Number 455                                                                   
                                                                               
  CHAIRMAN VEZEY added if republican party said others could                   
  not vote in their primary, or if included republican party                   
  candidates.                                                                  
                                                                               
  MR. ANDERSON, "If they did not mark the desired ballot, they                 
  (and Republican) would receive all allowable ballots.  At                    
  present, this is not the case."                                              
                                                                               
  CHAIRMAN VEZEY, "Don't refer to Democrat ballot as other                     
  ballot."                                                                     
                                                                               
  Number 525                                                                   
                                                                               
  CHIP TOMA, a former employee of the Division of Elections,                   
  said, "Let elections devise a plan for this.  Save expense.                  
  You are confusing the issue with this.  Situations do work                   
  themselves out."                                                             
                                                                               
  ADJOURNMENT                                                                  
                                                                               
  CHAIRMAN VEZEY, with no further comments on terms limit                      
  bill, stated a proposal was being drafted.  He then                          
  adjourned the meeting at 9:29 a.m.