Legislature(1993 - 1994)

02/22/1994 08:00 AM House STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
  Number 529                                                                   
                                                                               
  LAURA GLAISER, STAFF PERSON, DIVISION OF ELECTIONS, offered                  
  suggestions to SSHB 346.  She said the policies stated by                    
  Mr. Chenoweth are all in compliance with SB 303, drafted by                  
  her office.  Representatives from the Federal Election                       
  Commission and the Department of Justice (DOJ) worked with                   
  her to draft a bill which arrived at the Department of Law                   
  in September or October, and was submitted as SB 303.  She                   
  said, in drafting the bill, waivers and exemptions were not                  
  seen.  When the permanent fund dividend application process                  
  was illustrated to representatives from the DOJ, they could                  
  only reply "we won't tell you what you can do to be in                       
  compliance, we'll just sue you when you aren't."  Ms.                        
  Glaiser stated the DOJ will not review a state's bills first                 
  to see if they are even near compliance.  The DOJ is going                   
  to wait until Alaska is challenged and then force the state                  
  to make the changes.  SB 303 is an attempt to make the most                  
  minimum changes to Alaska's laws.  She asked if (they) cared                 
  if SB 303 affected voter turnout, believing registering                      
  additional people will not help, if they do not go to the                    
  polls to vote.  The Federal Election Commission told Ms.                     
  Glaiser they were not concerned with voter turnout.  She                     
  noted she had been working with Representative Ulmer on HB
  346 and pointed out there had been changes to suit their                     
  concerns in SSHB 346.                                                        
                                                                               
  MS. GLAISER was concerned about Section 5 of SSHB 346,                       
  requiring witnessing of a by-mail voter registration                         
  application, because Section 93 of the Federal Act states                    
  that no requirement can be made for notarization or other                    
  formally authentication may be included.  SB 303 has removed                 
  witnessing from all of the forms.  She relayed that other                    
  states are similarly blending these changes into their state                 
  laws, even though the federal act primarily relates to                       
  federal elections.  To set up a separate program for only                    
  federal elections would be nearly impossible to do.                          
                                                                               
  (REPRESENTATIVE SANDERS returned to the meeting at 8:38                      
  a.m.)                                                                        
                                                                               
  Number 569                                                                   
                                                                               
  CHAIR VEZEY asked if SB 303 passed, the state would no                       
  longer allow two persons to witness a voter registration,                    
  and make it harder to register to vote.                                      
                                                                               
  Number 572                                                                   
                                                                               
  REPRESENTATIVE OLBERG clarified SB 303 requires no witnesses                 
  to register to vote, the "Chicago provision."                                
                                                                               
  Number 574                                                                   
                                                                               
  CHAIR VEZEY responded any person could fill out a form, sign                 
  it, and they are registered.                                                 
                                                                               
  Number 575                                                                   
                                                                               
  MS. GLAISER explained the provision related to by-mail voter                 
  registration and by-mail voting.  She saw a conflict between                 
  requiring those who apply in person to be witnessed and not                  
  requiring witnessing from those who apply by mail.                           
                                                                               
  Number 581                                                                   
                                                                               
  CHAIR VEZEY believed the current mail-in form requires the                   
  signature of two citizens of the state of Alaska.                            
                                                                               
  Number 582                                                                   
                                                                               
  MS. GLAISER replied yes.                                                     
                                                                               
  Number 584                                                                   
                                                                               
  REPRESENTATIVE ULMER clarified signatures are required at                    
  present, and also in SSHB 346.  She pointed out SSHB 346 has                 
  eliminated the requirement of a notary.  She felt the                        
  requirement to notarize was the provision in conflict with                   
  federal law, and asked Ms. Glaiser if it was her                             
  understanding that the interpretation is that the federal                    
  law requires no witnessing requirements for registration by                  
  mail.                                                                        
                                                                               
  Number 590                                                                   
                                                                               
  CHAIR VEZEY was not aware of anywhere in voter registration                  
  or voting where a notary signature is required.                              
                                                                               
  Number 592                                                                   
                                                                               
  MS. GLAISER  stated a notary is required by existing law.                    
                                                                               
  Number 596                                                                   
                                                                               
  REPRESENTATIVE ULMER referenced page 3, Section 5, of the                    
  existing law AS 15.07.070(b), regarding the notary public.                   
  SSHB 346 would remove this.  Page 3, line 17-22, of the                      
  existing law can be read with regard to what notarization is                 
  required.                                                                    
                                                                               
  Number 600                                                                   
                                                                               
  MS. GLAISER noted the exact language of the law had been,                    
  and is suggested to be removed in SSHB 346 as well as SB
  303.  "The form shall be executed before notary public, a                    
  commissioned officer of the armed forces including the                       
  national guard, a district judge or magistrate, a United                     
  States Postal Official, or other person qualified to                         
  administer oath.  If none of the officials listed in this                    
  subsection is reasonably accessible, the person shall have                   
  the form witnessed by two persons over the age of 18 years."                 
                                                                               
  CHAIR VEZEY clarified a notary is a public official who can                  
  register an individual to vote.                                              
                                                                               
  MS. GLAISER said yes.                                                        
                                                                               
  Number 607                                                                   
                                                                               
  CHAIR VEZEY asked why the notary requirement should be taken                 
  out; thereby, narrowing the number of public officials who                   
  can register individuals to vote                                             
                                                                               
  Number 609                                                                   
                                                                               
  MS. GLAISER responded with the federal mandate, it is                        
  believed the removal of all the stipulations will make it                    
  easier for a person to vote.  When the Federal Elections                     
  Commission was asked whether witnessing was formal                           
  authentication, they replied yes.                                            
                                                                               
  Number 613                                                                   
                                                                               
  CHAIR VEZEY commented the federal government seemed to be                    
  advocating the election process be opened up to election                     
  fraud.  The current form at least gives some independent                     
  verification that the information is true.  He gave an                       
  example of fraud, which used to take place years ago in                      
  Chicago, where names from the cemetery were used to register                 
  voters.  He felt the results of SSHB 346 would be ludicrous.                 
                                                                               
  Number 618                                                                   
                                                                               
  MS. GLAISER shared Chair Vezey's concerns. She stated when                   
  she met with the federal government, it was very frustrating                 
  to her because their legislators who worked on this Act were                 
  not present at any of the meetings.  She could not find any                  
  other response for Alaska to get into compliance.                            
                                                                               
  Number 627                                                                   
                                                                               
  CHAIR VEZEY felt opening up the elections and inviting voter                 
  fraud would not be a "feather in the cap of democracy."                      
  Voter fraud has been a serious problem in the United States.                 
  He stated the legality of John F. Kennedy's presidential                     
  election as an example.                                                      
                                                                               
  MS. GLAISER replied she has read extensively on voter fraud;                 
  however, Alaska must work within the federal mandate.  The                   
  federal government argued is "it is just as easy to have two                 
  fraudulent witnesses as it is to commit fraud on your own."                  
  Individuals do still have to sign a disclaimer that the                      
  information given is true, and it is a misdemeanor if it is                  
  falsified.                                                                   
                                                                               
  Number 639                                                                   
                                                                               
  CHAIR VEZEY commented an individual could, in the meantime,                  
  vote ten times under false names.                                            
                                                                               
  Number 640                                                                   
                                                                               
  MS. GLAISER replied only once.                                               
                                                                               
  Number 642                                                                   
                                                                               
  CHAIR VEZEY stated people can be very clever and there are                   
  records of dead people voting in the United States.                          
                                                                               
  Number 644                                                                   
                                                                               
  MS. GLAISER believed Chair Vezey's concerns had been voiced                  
  in Congress and "this is what's resulted."                                   
                                                                               
  Number 646                                                                   
                                                                               
  REPRESENTATIVE OLBERG stated at the Oil Spill Trustees                       
  meeting, there is never a written legal opinion when they                    
  discuss a proposal.  Something is proposed, passed on to the                 
  Justice Department, and the Justice Department says they do                  
  not like it.  When the Oil Spill Trustees ask the DOJ if                     
  they want to put their disagreement in writing, they reply,                  
  "no we would not."  If the DOJ did submit a written                          
  disagreement, Representative Olberg stated, the court would                  
  probably find the statement illegal.  He felt Ms. Glaiser                    
  may have had a similar type of conversation with the DOJ.                    
                                                                               
  Number 655                                                                   
                                                                               
  CHAIR VEZEY said if this scenario troubled Representative                    
  Olberg, he should note there has been about a 25 percent                     
  increase in the number of federal attorneys within the last                  
  year or two.                                                                 
                                                                               
  Number 658                                                                   
                                                                               
  REPRESENTATIVE KOTT felt the objective of the federal                        
  mandate is to get people registered, even if they do not                     
  want to respond and vote.  He could not understand why the                   
  federal mandate was introduced as it is.  Representative                     
  Kott expressed concern over the purging of records, and                      
  wondered if the records would swell tremendously.  What                      
  would the Division of Elections do to minimize the overload                  
  and keep track of those moving around and out of the state.                  
                                                                               
  MS. GLAISER replied she had similar concerns.  Alaska is                     
  fortunate to have a computerized voting system, other states                 
  are in a much worse position in trying to adapt.  The                        
  Division of Elections has a computerized registration list,                  
  which will be the master copy to suit the federal mandate.                   
  The district printouts will be in order because Alaska has                   
  questioned and absentee ballots, a form of "fail safe                        
  voting" in federal terms.  The concern of the federal                        
  mandate is federal elections.  No one in Alaska will have                    
  their rights abridged by the current process of purging                      
  individuals from the voting system.  The lack of voting                      
  cannot be the only reason a person is purged, a notice must                  
  be sent.                                                                     
                                                                               
  TAPE 94-18, SIDE B                                                           
  Number 000                                                                   
                                                                               
  MS. GLAISER said the voters will have the opportunity to                     
  vote honestly and fairly with the questioned ballot system.                  
  If a person votes on a questioned ballot, he/she will                        
  automatically be put back on the master list.  Signing a                     
  petition, after not voting for two-four years, will                          
  automatically move a person back on to the precinct and                      
  district lists.  The federal mandate has helped the Division                 
  of Elections open up the voting system and make it better                    
  and more accessible to Alaskans.                                             
                                                                               
  Number 015                                                                   
                                                                               
  REPRESENTATIVE KOTT clarified the lists will be clear and                    
  expressed his current lists have three or four families                      
  assigned to the same household.  Because the current problem                 
  may compound by two-fold, Representative Kott felt the lists                 
  would not be very clear.                                                     
                                                                               
  Number 033                                                                   
                                                                               
  MS. GLAISER responded the Division of Elections is doing the                 
  best they can to work with the voter registration cards.  It                 
  is the person's responsibility to keep the cards clear and                   
  the Division makes the changes as soon as they are                           
  available.  The simultaneous registration through motor                      
  vehicles, provided by the motor voter law, will enhance the                  
  records.                                                                     
                                                                               
  Number 049                                                                   
                                                                               
  REPRESENTATIVE OLBERG asked if every seasonal employee who                   
  comes to Alaska and accesses any of these services is going                  
  to be or may be registered to vote.                                          
                                                                               
  Number 058                                                                   
                                                                               
  MS. GLAISER answered as long they meet the requirements for                  
  voter registration, they will be registered.  Individuals                    
  who are trying to receive permanent fund dividends are                       
  already registering to vote and will probably continue to do                 
  so.  SSHB 346 and SB 303 do not include provisions to block                  
  this kind of registration.  The Division of Elections is                     
  open to suggestions.                                                         
                                                                               
  Number 073                                                                   
                                                                               
  REPRESENTATIVE ULMER asked for the other two suggestions Ms.                 
  Glasier had mentioned, as the committee had only heard one.                  
                                                                               
  Number 077                                                                   
                                                                               
  LAURA GLAISER stated Section 10 of SSHB 346, considers those                 
  people working within state agencies, which have been                        
  declared voter registration agencies, to be considered                       
  registrars.  Therefore, requiring training and possible                      
  testing and evaluation by the Division of Elections.  She                    
  stated, in the research she has done with the Division of                    
  Elections, in SB 303 the affected state agencies would be                    
  considered voter registration agencies, but not registrars.                  
  This is to give the agencies the freedom to perform their                    
  registration tasks, without requiring the testing,                           
  evaluation, and the record keeping by the Division of                        
  Elections. As registrars, she said, they would just add to                   
  the bureaucracy, and the testing and evaluation by the                       
  Division of Elections will require a full-time employee to                   
  manage it.                                                                   
                                                                               
  MS. GLAISER mentioned her concern with state agencies                        
  assisting people in the voter registration application.  She                 
  suggested the use of a sheet that state agencies could hand                  
  out which gives a written description of the different                       
  parties.  Each party could write a 50-word or less                           
  description in their own words.  This would avoid putting                    
  the state employee in an awkward position when a person asks                 
  a compromising question.                                                     
                                                                               
  MS. GLAISER noted SSHB 346 fails to designate a chief                        
  election official and Section 10 of the National Voter                       
  Registration Act requires each state to designate a state                    
  officer to be responsible for the coordination of this Act.                  
  SB 303 names the director of the Division of Elections to do                 
  this.                                                                        
                                                                               
  Number 139                                                                   
                                                                               
  REPRESENTATIVE ULMER returned to the registrars issue in                     
  Section 10 of Federal Motor Voter Act.  If the employee                      
  assisting registration is not considered a registrar, but                    
  should have some training, how important is it to designate                  
  that employee as somebody else.  She wanted to clarify if                    
  Ms. Glaiser meant only one employee in the agency or more,                   
  and if they would be properly trained.                                       
                                                                               
  Number 154                                                                   
                                                                               
  MS. GLAISER replied there would be a training seminar for                    
  those employees within the agencies that would be providing                  
  the voter assistance.  If a trained employee left his/her                    
  position, the responsibility would exist to train the                        
  incumbent employee or have a yearly refresher training                       
  seminar.  The training for registrars currently takes about                  
  15-20 minutes.  Not naming the separate agencies as                          
  registrars will prevent them from having to be tested and                    
  evaluated.                                                                   
                                                                               
  Number 173                                                                   
                                                                               
  REPRESENTATIVE ULMER asked if the agency employees should be                 
  specially designated as voting assistants, so they do get                    
  the training and are different from other employees without                  
  the training.  The additional step up to registrar would not                 
  be required.                                                                 
                                                                               
  Number 176                                                                   
                                                                               
  MS. GLAISER answered SB 303 did not name the employees                       
  specifically.  Through regulation, policy and procedure                      
  between the agencies, they were going to be accepted as                      
  those people who will be assisting filling out the forms.                    
  She did not have a problem with naming them voting                           
  assistants and then define it in SSHB 346.  Her objective                    
  was to avoid the added bureaucracy, cost, and record keeping                 
  to the state.                                                                
                                                                               
  Number 189                                                                   
                                                                               
  REPRESENTATIVE ULMER asked if registrars had to keep track                   
  of how many people they register and send it in.                             
                                                                               
  Number 191                                                                   
                                                                               
  MS. GLAISER responded the registrars system is kept                          
  separately in a computer file.  They are tested, can be                      
  evaluated, are responsible to the director, and they are                     
  appointed at the director's will.  She noted this provision                  
  is an agreement between the agency and the Division of                       
  Elections to come into compliance with the federal act.  The                 
  agencies do not serve at the pleasure of the director, so as                 
  not to come into conflict with certain agency rules.                         
                                                                               
  Number 217                                                                   
                                                                               
  REPRESENTATIVE KOTT clarified that this is an unfunded                       
  mandate from the federal government and there are no grant                   
  monies available.                                                            
                                                                               
  MS. GLAISER answered Representative Kott was correct.                        
                                                                               
  Number 227                                                                   
                                                                               
  REPRESENTATIVE KOTT wondered what the percentage of                          
  unregistered individuals in Alaska might be.                                 
                                                                               
  Number 231                                                                   
                                                                               
  MS. GLAISER replied she was not sure, but she guessed 67                     
  percent were not registered.  At the last general election,                  
  82.9 percent of voters turned out to vote.  She noted this                   
  percentage of voting individuals was relayed to the Federal                  
  Election Commission.  The participation and voter                            
  registration drives in Alaska are phenomenal, she thought.                   
                                                                               
  Number 242                                                                   
                                                                               
  CHAIR VEZEY believed there are approximately 340,000                         
  registered voters and a significantly high percentage of                     
  voter registration in Alaska.                                                
                                                                               
  Number 252                                                                   
                                                                               
  REPRESENTATIVE KOTT asked Ms. Glaiser if 82.9 percent                        
  applied to registered voters.                                                
                                                                               
  MS. GLAISER said Representative Kott was correct.  The                       
  Division of Elections is researching how much it would cost                  
  to increase voter registration and at what percentage it                     
  would increase.  They do not know now.  She explained that                   
  if 85 percent are reached through motor vehicle                              
  registration, every household is reached with permanent fund                 
  dividend applications, and others reached through H&SS, the                  
  registration process will overlap.  The Division of                          
  Elections would like to do the most at the least expense.                    
                                                                               
  REPRESENTATIVE KOTT commented the cliental which will now be                 
  registered generally do not vote.  He noticed the conflict                   
  in  the objective to get people registered, but not to                       
  ensure they actually vote.  He felt the objective should be                  
  the latter.  Representative Kott asked what the status of SB
  303 was.                                                                     
                                                                               
  MS. GLAISER answered SB 303 was in Senate State Affairs                      
  Committee and will be heard next week.                                       
                                                                               
  Number 283                                                                   
                                                                               
  REPRESENTATIVE OLBERG inquired if there were any statistics                  
  as to how many people actually registered with the                           
  application included with the permanent fund dividend (PFD)                  
  application.                                                                 
                                                                               
  MS. GLAISER replied the first year, there were a great deal                  
  of errors with individuals filling out the form incomplete.                  
  The form serves as a notification of a change of address,                    
  more so than increasing voter registration.  There is a low                  
  percentage which affect increasing voter registration.                       
                                                                               
  Number 297                                                                   
                                                                               
  REPRESENTATIVE OLBERG commented the state pays people a                      
  dividend to register to vote and asked what more incentive                   
  must there be.  An individual acquires an address, driver's                  
  license, and a voter registration when they first come to                    
  Alaska to establish a residency date to get a dividend.  He                  
  noted Alaska is the only state which pays $900 a year to                     
  register to vote and asked Ms. Glasier if that had been                      
  suggested as a possible exemption.                                           
                                                                               
  MS. GLAISER affirmed Representative Olberg, and replied the                  
  attorney she has dealt with has worked with Alaska on                        
  reapportionment issues and he was very familiar with the                     
  unique features Alaska has to offer.  She said the                           
  attorneys, with their knowledge, still could not answer or                   
  confirm Alaska would be exempt with the PFD application.                     
  She has been in several meetings to discuss challenging                      
  solely on the basis of the PFD application, and no one felt                  
  secure the state would win in court.  Having the court                       
  decide something much worse for the state was more of a                      
  concern.                                                                     
                                                                               
  REPRESENTATIVE GARY DAVIS reiterated other states were given                 
  waivers and wanted to know why they were.                                    
                                                                               
  Number 324                                                                   
                                                                               
  MS. GLAISER responded North Dakota was exempted because they                 
  have no voter registration at all, and the other possibility                 
  was if an individual could register simultaneously at the                    
  poll when going to cast a vote.  Congress' intent was to                     
  make in as simple as possible.                                               
                                                                               
  REPRESENTATIVE G. DAVIS asked if both of those exemptions                    
  were used in North Dakota.                                                   
                                                                               
  CHAIR VEZEY clarified there were two states.                                 
                                                                               
  REPRESENTATIVE G. DAVIS understood.                                          
                                                                               
  REPRESENTATIVE OLBERG suggested the committee should                         
  consider the options that Ms. Glaiser mentioned as                           
  exemptions.  At least an individual would have to physically                 
  be there to vote.                                                            
                                                                               
  Number 348                                                                   
                                                                               
  MS. GLAISER responded Alaska cannot go back and change our                   
  current laws, it would have had to be in place when the                      
  president signed the Federal Motor Voter Law.                                
                                                                               
  Number 355                                                                   
                                                                               
  Hearing no more testimony, CHAIR VEZEY held SSHB 346 in                      
  committee for further review.  He called for a recess at                     
  9:06 a.m. and noted HB 483 would be postponed by sponsor                     
  request.                                                                     

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