Legislature(2003 - 2004)
04/17/2003 08:12 AM House STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 266-ELECTIONS [Contains discussion of SB 24, which was incorporated into HB 266, and brief mention of HB 221.] Number 2160 CHAIR WEYHRAUCH announced that the last order of business was HOUSE BILL NO. 266, "An Act relating to elections, questioned ballots and questioned voters, voter registration, training of election officials, preparation of election materials, voter identification, absentee voting, counting ballots, and the primary election; and providing for an effective date." Number 2126 LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, read from "the sponsor statement" [included in the committee packet], which read as follows [original punctuation provided]: In October, 2002, President Bush signed the "Help America Vote Act," (H.R. 3295) into law (P.L. 107- 252). HAVA is the result of a bipartisan effort in Congress to make sweeping changes to federal election laws to improve the overall administration of elections, increase accessibility to those with disabilities, and also to prevent voter fraud. Many changes required under HAVA do not require amending Alaska statute, but HB 266 includes those necessary to meet federal mandates. Changes recommended in the bill before you follow the intent of the federal law and do not place unnecessary burdens on the voter. It is imperative that these changes mandated by federal law are passed by the Legislature this year. HB 266 also includes changes the Division recommends. The Division supports the language recommended in Senator Lincoln's SB 24, and it has been included in this bill with her permission. Other changes regarding returning identification/voter cards to other jurisdictions, reference to a "master list," and adding types of information that can be provided by the voter when registering in person are requested by the Division in this bill. Perhaps the most significant change NOT mandated by the federal act, but recommended in this bill is replacing the terms "non partisan" and "undeclared" with the term "unaffiliated." Many voters do not know the difference between the two classifications and make numerous party affiliation changes between the "non partisan" and "undeclared." This would eliminate confusion on the part of the voter, while not affecting their access to the ballot. The Division of Elections asks for your support of House Bill 266. Number 2025 CHAIR WEYHRAUCH asked what the difference currently is between "non partisan" and "undeclared". MS. GLAISER said that the answer varies from individual to individual. She added, "That's the whole point of the change." She noted that there's no legal definition in "the definition section" of statutes. In response to a question by Representative Lynn, she replied that she does not know the history [of the two terms]. CHAIR WEYHRAUCH asked if the Department of Justice requires review and approval of [HB 266] after it has been adopted, or if [the bill] had already been approved. Number 1930 SARAH FELIX, Assistant Attorney General, Civil Division (Juneau), Department of Law (DOL), said, "We would submit this for pre-clearance to the Department of Justice after it's adopted." CHAIR WEYHRAUCH asked Ms. Felix what her confidence level is that [HB 266], in its present form, would be approved by the Department of Justice. MS. FELIX responded that she is very confident that it would be approved. She said, "We really [have] just gone according to the letter of HAVA. The Department of Justice has sent us a letter saying they are ready and waiting for the states to begin sending these sorts of bills in for pre-clearance. So, I think we're all set to go." CHAIR WEYHRAUCH asked if the state also has a plan of implementation ready. MS. FELIX deferred the question to Ms. Glaiser. MS. GLAISER stated that [the division] is also required "under this federal law" to prepare a state plan. She mentioned a state planning committee meeting and a draft form, [which] will go out for public notice from April 28 to May 28 [2003]. She indicated there would be a public hearing, and she said that the state plan would be submitted to the Federal Election and Administration Commission. MS. GLAISER, in response to a question by Chair Weyhrauch, acknowledged that SB 24 was introduced this year. In response to a follow-up question from Chair Weyhrauch, she confirmed that SB 24 has been incorporated, in full, into HB 266; therefore, it is not necessary [to remain] as a stand-alone bill. She mentioned that Senator Georgianna Lincoln met with Lieutenant Governor Loren Leman [regarding the issue]. REPRESENTATIVE HOLM noted that there are two other bills regarding voter fraud. He mentioned that one of them is HB 221. He said he was wondering if those bills should be incorporated into [HB 266]. MS. GLAISER responded that she would prefer to keep [HB 266] lean. She noted that federal mandates are involved and said that she doesn't want to do anything to slow the bill down. REPRESENTATIVE GRUENBERG indicated not wanting to "screw this bill up, because this is a federal requirement." Number 1643 MS. GLAISER, in response to a request by Representative Gruenberg, told the committee that she had spoken with him [outside of the meeting], at which time he had noted that the federal law requires that [the division] "identify voters through a free access system if their question ballot was not counted, or [only a] portion of their question ballot was counted. Same for an absentee ballot." She stated that the current division policy is to send the voter a letter. She continued as follows: Since the federal law required either a website or a toll free number, ... this bill repeals the section where it requires that we send a letter in addition. Representative Gruenberg's amendment would require us to send a letter as well as have the free access system. It's something we already do; it will not cause an additional cost, but it is an extra process. REPRESENTATIVE GRUENBERG mentioned that Jack Chenoweth [Legislative Legal and Research Services] had just cited a legal opinion on [an amendment Representative Gruenberg wants to offer]. He deferred further explanation to his staff. Number 1572 JUSTIN ROBERTS, Staff to Representative Gruenberg, Alaska State Legislature, explained that the amendment would require the division of "send out the mailer and have the Internet system." He referred to the second page of a letter [from Jack Chenoweth, included in the committee packet], which is regarding partially counted votes. He continued as follows: Right now, what the bill does is it takes out all requirements to notify the people if you partially counted their votes. And so what we weren't sure about was whether or not we are going to insert both the requirement that this be on the electronic system and the requirement to hand out the mailer, or just the requirement that it be on the electronic system. Right now, there's no requirement to notify. REPRESENTATIVE GRUENBERG noted that [HB 266] must be passed and into law by July [2003]. He stated his belief that if a person's ballot is not counted, that person should be notified. He asked Chair Weyhrauch if he would grant him time until the bill's next committee meeting to discuss the issue of an amendment with his staff, Ms. Glaiser, and Jack Chenoweth. CHAIR WEYHRAUCH asked Ms. Glaiser when the House Finance Standing Committee would hear the bill. MS. GLAISER replied that she could "put her request, 'Pending Referral'." REPRESENTATIVE GRUENBERG stated that he thinks that if a person's ballot is not going to be counted, that person ought to be sent a letter [informing him/her of that]. CHAIR WEYHRAUCH said that he needs to know what the policy implications of that are and wants the benefit of the division's views on it. REPRESENTATIVE LYNN remarked that not everyone knows how to use the Internet or has access to it. Number 1290 MS. GLAISER noted that Representative Mary Kapsner had served on the state planning committee and requested that there be a toll- free number, in addition, for those who do not have Internet access. She said that the division thought that it would be more lean and do away with the letters, but she expressed willingness to send out the letters if the committee wants the division to do so. She said there will be more time and expense involved. CHAIR WEYHRAUCH commented that there is a fiscal impact, as well. He asked, "You do a letter now, don't you?" MS. GLAISER said that her understanding of the fiscal note is that it's an additional cost. "We currently do a letter, so I don't think we would increase the fiscal note if we (indisc.), but again, I would defer to you," she added. REPRESENTATIVE BERKOWITZ said, "I like those question ballots. I like having the term 'questions' instead of 'provisional', and I was wondering how critical it is for you all to shift that term." MS. GLAISER stated that it is conforming language that is used in federal law, as well as the language that will be used by other states, but is not mandated by the federal government; therefore, if the committee members all decided that they like the term "question ballots", the division will call them that. Number 1176 REPRESENTATIVE BERKOWITZ moved to adopt Conceptual [Amendment 1], to "restore the term, 'question' where 'provisional' has been inserted." REPRESENTATIVE GRUENBERG asked if that relates to his own amendment, or is separate. REPRESENTATIVE BERKOWITZ indicated that [Conceptual Amendment 1] strictly pertains to "which term we'll want to use for the ballots." REPRESENTATIVE GRUENBERG said he would work on his own amendment over the weekend. CHAIR WEYHRAUCH, in response to Ms. Glaiser, confirmed that the bill would be heard again by the committee at its next meeting. MS. GLAISER confirmed that she would be happy to work with Representative Gruenberg. CHAIR WEYHRAUCH indicated that the bill would be heard and held. REPRESENTATIVE BERKOWITZ reminded the committee that his motion to adopt [Conceptual Amendment 1] is pending. CHAIR WEYHRAUCH asked Representative Berkowitz if he wanted to address it now. He restated Representative Berkowitz's motion to adopt [Conceptual Amendment 1]. [No objection was stated.] REPRESENTATIVE GRUENBERG requested that Conceptual Amendment 1 be included in a committee substitute to be available to the committee by the bill's next hearing. Number 0905 CHAIR WEYHRAUCH clarified that [Conceptual Amendment 1] was adopted. REPRESENTATIVE GRUENBERG suggested that the title of the bill be tight before it leaves the committee. REPRESENTATIVE BERKOWITZ concurred with Representative Gruenberg. He said, "You have an act relating to elections. We're talking campaign finance reform, we're talking everything here." REPRESENTATIVE LYNN requested that the previously stated issue regarding the terms "undeclared" and "non partisan" be addressed. [HB 266 was heard and held.]
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