Legislature(2003 - 2004)
04/22/2004 08:40 AM House STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 523-VOTERS/VOTING/POLITICAL PARTIES/ELECTIONS VICE-CHAIR HOLM announced that the last order of business was HOUSE BILL NO. 523, "An Act relating to qualifications of voters, voter registration, voter residence, precinct boundary modification, recognized political parties, voters unaffiliated with political parties, early voting, absentee voting, ballot counting, voting by mail, initiative, referendum, recall, and definitions; and providing for an effective date." Number 2000 REPRESENTATIVE SEATON moved to adopt the committee substitute (CS) for HB 523, Version 23-GH2021\V, Kurtz, 4/21/04, as a work draft. VICE-CHAIR objected for discussion purposes. Number 2006 REPRESENTATIVE COGHILL, on a procedural note, informed Vice- Chair Holm that it is not necessary to object for discussion purposes to the motion to adopt a committee substitute (CS). If there is no objection to a CS, then that's the CS that is before the committee. VICE-CHAIR HOLM removed his objection [to Version V]. REPRESENTATIVE GRUENBERG [moved to adopt] Amendment 1, labeled 23-GH2021\V.1, Kurtz, 4/22/04, which read as follows: Page 1, line 5, following "ballot counting,": Insert "optically scanned and electronically generated ballots," Page 5, following line 4: Insert new bill sections to read: "* Sec. 6. AS 15.15.030(13) is amended to read: (13) The [NOTWITHSTANDING ANY OTHER PROVISION OF THIS TITLE, THE] director may provide for the optical scanning of ballots [VOTING BY USE OF ELECTRONIC BALLOTING EQUIPMENT OR OPTICALLY SCANNED BALLOTS] where the requisite equipment is available. [IF THE DIRECTOR PROVIDES FOR VOTING BY USE OF ELECTRONIC BALLOTING EQUIPMENT, THE DIRECTOR SHALL PROVIDE ELECTRONIC BALLOTING EQUIPMENT THAT WOULD ALLOW VOTERS WITH DISABILITIES, INCLUDING THOSE WHO ARE BLIND OR VISUALLY IMPAIRED, TO CAST PRIVATE, INDEPENDENT, AND VERIFIABLE BALLOTS.] * Sec. 7. AS 15.15.030 is amended by adding a new paragraph to read: (14) The director may provide for voting by use of electronically generated ballots by a voter who requests to use a machine that produces electronically generated ballots. * Sec. 8. AS 15.15 is amended by adding a new section to read: Sec. 15.15.032. Use of electronically generated ballots. (a) If the director provides for voting by use of electronically generated ballots, the director shall provide balloting equipment that would allow voters with disabilities, including those who are blind or visually impaired, to cast private, independent, and verifiable ballots. The director may not provide for more than one machine that produces electronically generated ballots in a precinct or in a regional supervisor's office, except where the director determines that additional machines are needed to accommodate the needs of individuals with disabilities, including individuals with physical limitations or visual impairments. (b) Software for voting by use of electronically generated ballots shall be tested and certified under AS 15.20.900. (c) The director shall provide for a paper record of each electronically generated ballot that can be (1) reviewed and corrected by the voter at the time the vote is cast; and (2) used for a recount of the votes cast at an election in which electronically generated ballots were used." Renumber the following bill sections accordingly. Page 19, following line 28: Insert new paragraphs to read: "(38) "electronically generated ballot" means any ballot other than a paper ballot that is physically marked by the voter using a writing instrument or a mechanical device; (39) "optically scanned ballot" means a paper ballot designed to be read by an optical scanning machine." Renumber the following paragraphs accordingly. Page 20, line 28: Following "APPLICABILITY.": Insert "(a)" Delete "18 - 40" REPRESENTATIVE GRUENBERG explained that Amendment 1 incorporates the ideas from another bill regarding elections, which was sponsored by Representative Les Gara and then by Representative Bill Harris. Number 2068 VICE-CHAIR HOLM asked if there was any objection to Amendment 1. No objection was stated; therefore, Amendment 1 was so ordered. Number 2091 REPRESENTATIVE GRUENBERG [moved to adopt] Amendment 2, labeled 23-GH2021\V.2, Kurtz, 4/21/04, which read as follows: Page 10, line 29, through page 11, line 17: Delete all material and insert: "* Sec. 23. AS 15.45.130 is repealed and reenacted to read: Sec. 15.45.130. Certification of circulator. Before being filed, each petition shall be certified by an affidavit by the person who personally circulated the petition. In determining the sufficiency of the petition, the lieutenant governor may not count subscriptions on petitions not properly certified at the time of filing or corrected before the subscriptions are counted. The affidavit must state in substance that (1) the circulator signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.105; (2) the person is the only circulator of that petition; (3) the signatures were made in the circulator's actual presence; (4) to the best of the circulator's knowledge, the signatures are those of the persons whose names they purport to be; (5) the signatures are of persons who were qualified voters on the date of signature; (6) the circulator has not entered into an agreement with a person or organization in violation of AS 15.45.110(c); (7) the circulator has not violated AS 15.45.110(d) with respect to that petition; and (8) if the circulator has received payment or agreed to receive payment for the collection of signatures on the petition, before circulating the petition, the circulator prominently placed, in the space provided under AS 15.45.090(5), the name of each person or organization that has paid or agreed to pay the circulator for collection of signatures on the petition." REPRESENTATIVE GRUENBERG explained that Amendment 2 redrafts AS 15.45.130, making only one substantive change. He directed attention to [the last sentence of] Section 23, [beginning on page 11, line 15, of Version V], which read as follows: In determining the sufficiency of the petition, the lieutenant governor may not count subscriptions on petitions not properly certified. REPRESENTATIVE GRUENBERG stated his concern that there may be a technical problem with a petition, and he explained that Amendment 2 would allow a supplement affidavit in order to add missing information. [Vice-Chair Holm turned the gavel back over to Chair Weyhrauch.] Number 2176 CHAIR WEYHRAUCH asked if any objection had been [stated] to Amendment 2. Number 2186 REPRESENTATIVE COGHILL objected [to Amendment 2]. Number 2190 CHAIR WEYHRAUCH requested a roll call vote, which was ultimately voided. REPRESENTATIVE GRUENBERG reiterated the purposed of Amendment 2 and said he hoped it would be fairly benign. Number 2223 REPRESENTATIVE COGHILL expressed interest in knowing the court's past position on this issue. CHAIR WEYHRAUCH emphasized the importance of addressing HB 523 expeditiously. Number 2290 LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, stated that she doesn't think it's wrong to allow someone to file a supplementary [affidavit] to make a correction. CHAIR WEYHRAUCH stated that the committee, presented with a lengthy [Amendment 2], doesn't know how to analyze it in context of its historical basis or the legal issues surrounding it. REPRESENTATIVE GRUENBERG clarified that the amendment had been drafted, using the same language, but "setting it out a little clearer." Number 2330 CHAIR WEYHRAUCH announced that the committee would put aside Amendment 2 for now. TAPE 04-68, SIDE B Number 2339 MS. GLAISER turned attention to [Amendment 3, labeled 23- GH2021\V.3, Kurtz, 4/21/04], which read as follows: Page 4, line 1, following "confidential.": Insert "(a)" Page 4, line 3, following "voter's": Insert "age or" Page 4, following line 9: Insert new subsections to read: "(b) In addition to the information in (a) of this section, the name and address of an individual who has been the victim of domestic violence shall be confidential and not open to public inspection if the individual requests in writing that the individual's name and address not be released. (c) Notwithstanding other provisions, and in compliance with federal law, information made confidential by this section may be released by the division (1) to a local, state, or federal government agency, including to the child support enforcement agency created in AS 25.27.010 or the child support enforcement agency of another state; the agency receiving information under this paragraph may use the information only for governmental purposes authorized under law; (2) in compliance with a court order; or (3) if the person who is the subject of the information has provided written consent to the release." MS. GLAISER noted that both Representative Berkowitz and Representative Gruenberg had, at prior hearings of HB 523, spoke about protecting voting information and victims of domestic violence, and ensuring that courts, police, and the Child Support Enforcement Division (CSED) could have access [to voter information] if needed. She said that's what [Amendment 3] would do. She indicated that [Amendment 3] was drafted by request to incorporate the concerns of the committee. REPRESENTATIVE GRUENBERG said [Amendment 3] would add subsections (b) and (c). Number 2229 REPRESENTATIVE GRUENBERG, in response to a remark from Representative Lynn, indicated that the requirement for a voter's telephone number had not been taken out of the bill. MS. GLAISER confirmed that was true. [HB 523 was heard and held.]
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