Legislature(2003 - 2004)
04/26/2004 08:17 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 Number 0049 CHAIR WEYHRAUCH announced that the first 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 0096 REPRESENTATIVE GRUENBERG moved to adopt the proposed committee substitute (CS) for HB 523, Version 23-GH2021\W, Kurtz, 4/22/04, as work draft. No objection was stated; therefore, Version W was before the committee. REPRESENTATIVE GRUENBERG stated that he would offer two alternative amendments regarding a rolling ballot, labeled W.7 and W.8 [moved as Amendment 1]. The former [proposes] a rolling ballot precinct by precinct and the latter [proposes] a rolling ballot that will roll each individual ballot. He explained that rolling each individual ballot means that each person in line to vote would get a different order of candidates on his/her ballot. Number 0215 REPRESENTATIVE GRUENBERG moved to adopt [Amendment 1], labeled 23-GH2021\W.8, Kurtz, 4/24/04, which read as follows: Page 1, line 5, following "absentee voting,": Insert "ballot design," Page 4, following line 29: Insert a new bill section to read: "* Sec. 5. AS 15.15.030(6) is repealed and reenacted to read: (6) For each contested office, the division shall rotate the order in which candidates' names appear on the ballot to ensure, as much as reasonably possible, that each candidate's name appears at the top of the list an equal number of times on the ballots that are distributed." Renumber the following bill sections accordingly. Page 6, following line 5: Insert a new bill section to read: "* Sec. 10. AS 15.15.040 is amended by adding a new subsection to read: (d) Every sample ballot containing the names of candidates must also include the following statement: "Candidates' names may appear in a different order on the actual ballot."" Renumber the following bill sections accordingly. Page 22, line 3: Delete "secs. 21 - 43" Insert "secs. 23 - 45" Page 22, line 6: Delete "sec. 8" Insert "sec. 9" Number 0239 CHAIR WEYHRAUCH objected. REPRESENTATIVE GRUENBERG said he would consider W.7 as a friendly amendment. He stated, "I'm just doing the one versus the other." CHAIR WEYHRAUCH asked, "So, you're saying W.7 would be a friendly amendment to W.8?" REPRESENTATIVE GRUENBERG answered yes. [W.7 read as follows:] Page 1, line 5, following "absentee voting,": Insert "ballot design," Page 4, following line 29: Insert a new bill section to read: "* Sec. 5. AS 15.15.030(6) is repealed and reenacted to read: (6) The order in which candidates for each office are placed on the general election ballot shall be randomly determined by the director for the lowest numbered precinct in the house district in which candidates are running. The order of placement shall be rotated for each successively numbered precinct. Absentee ballots in each house district shall be printed as though they were for an additional precinct in the house district and that precinct were the highest numbered precinct in the house district." Renumber the following bill sections accordingly. Page 6, following line 5: Insert a new bill section to read: "* Sec. 10. AS 15.15.040 is amended by adding a new subsection to read: (d) Every sample ballot containing the names of candidates must also include the following statement: "Candidates' names may appear in a different order on the actual ballot."" Renumber the following bill sections accordingly. Page 22, line 3: Delete "secs. 21 - 43" Insert "secs. 23 - 45" Page 22, line 6: Delete "sec. 8" Insert "sec. 9" Number 0300 JOE SONNEMAN reminded the committee that he had testified at a previous hearing on HB 523 regarding ballot rotation, which he noted is also known as the rolling ballot. He said it's the traditional method that was used in Alaska for approximately 70 years. He said he had felt strongly enough about continuing that method of "breaking up the rotation, essentially by voter," that he took the issue to court. He said the Division of Elections argued that that method may confuse voters, because the sample ballot and the actual ballot may differ. He reported that the supreme court minority wrote that a simple, clear disclaimer would cure any confusion, and he noted that both Amendment 1 and W.7 have such a clear disclaimer. MR. SONNEMAN said the supreme court noted another possible source of confusion. He explained that the division, at the time of the court case, only had a drawing for the first letter of a candidate's last name. One way to fix that, he said, is to have a rolling ballot where each candidate is in a different position and each voter gets a different ballot. Mr. Sonneman suggested the committee have a letter of intent to express the intent that any positional bias that does exist be distributed equally. MR. SONNEMAN offered his belief that Representative Lynn had [in a prior hearing of HB 523] expressed hesitation about the precinct method. Mr. Sonneman offered an example showing that that method is still a lottery system. He emphasized his preference for the ballot rotation system. He said he thinks Representative Coghill had expressed concern that things not be changed too much. He proffered that if consistency is desired, the rotating ballot that was in effect for 70 years should be used. Number 0679 REPRESENTATIVE SEATON asked if the Division of Elections foresees any hurdles in implementing a full rotational ballot. Number 0694 LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, stated for the record, "If the question is, 'Can we implement it?,' the answer's yes." She reminded the committee that implementing this plan is not about improving voters' access, but about a candidate's placement on the ballot. In response to a question from Representative Seaton, she confirmed that the rotation would be built into the ballots for any house district, and "that amount of ballots would be given to each absentee voting station." In response to a question from Representative Lynn, she confirmed that the alphabet has already been drawn [for the upcoming 2004 election ballots] and is posted on the division's website. Number 0842 REPRESENTATIVE LYNN observed that his name is currently placed before any of his opponents' names; therefore, it would be to his benefit to "keep it the way it is." Notwithstanding that, he indicated that he was shocked to hear about the "2.5 percent," which, in a close election could mean "one fellow as compared to the other fellow, which has nothing to do with the qualifications or issues." Number 0873 CHAIR WEYHRAUCH stated his understanding that Representative Gruenberg wanted to discuss "W.8 in the context of W.7." REPRESENTATIVE GRUENBERG announced that he would only offer Amendment 1, W.8, without W.7 as a friendly amendment. CHAIR WEYHRAUCH, in response to a question from Representative Lynn, clarified that the amendment called W.8 is Amendment 1, and it is the amendment that [proposes] rolling the candidates' names. Number 0924 A roll call vote was taken. Representatives Seaton, Lynn, Berkowitz, and Gruenberg voted in favor of Amendment 1. Representative Weyhrauch voted against it. Therefore, Amendment 1 was adopted by a vote of 4-1. Number 0973 REPRESENTATIVE GRUENBERG moved to adopt Amendment 2, labeled 23- GH2021\W.5, Kurtz, 4/24/04, which read as follows [with one handwritten change]: 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 a voter who has been the victim of domestic violence shall be confidential and not open to public inspection if the voter requests in writing that the voter'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; (3) to a person holding a writ of execution against the person or property of the voter; or (4) if the voter about whom information has been requested has provided written consent to the release." CHAIR WEYHRAUCH objected. REPRESENTATIVE GRUENBERG brought attention to [paragraph 4] of Amendment 2, which, before the handwritten changes, had originally read: "(4) if the voter who is the subject of the information has provided written consent to the release." REPRESENTATIVE LYNN asked if [Amendment 2] relates to telephone numbers, an issue which he indicated had been brought up at a previous hearing on HB 523. REPRESENTATIVE GRUENBERG directed attention to page 4, [lines 1- 2], which read: "The following information set out in state voter registration records is confidential and is not open to public inspection:". He noted that the voter's telephone number is included in the ensuing list. He explained, "And the only way it could be opened under here would be if it comes in under subsection (c) [in Amendment 2]." REPRESENTATIVE LYNN indicated that he wants to protect anyone who's been the subject of abuse [from having his/her phone number listed]. He explained that he would like candidates to be able to use [the division's] records to contact potential voters, so that the issues can be discussed by phone. He emphasized that, just like with the phone book, a person should be able to provide his/her name to the Division of Elections or choose to keep that information private. REPRESENTATIVE GRUENBERG responded that it's an issue that has not been addressed thus far in Amendment 2. He pointed out once more that the phone number is made confidential on page 4, line 6. He said the issues Representative Lynn discussed would require an amendment. He asked if it could be an amendment separate from Amendment 2, which he offered to bring before the House Judiciary Standing Committee. REPRESENTATIVE LYNN agreed to work with Representative Gruenberg. CHAIR WEYHRAUCH suggested Representative Lynn make the amendment to Amendment 2 now. Number 1200 REPRESENTATIVE LYNN moved to adopt a conceptual amendment to Amendment 2, on page 4, line 6, to make voters' telephone numbers available to candidates and voters, with the exception of instances in which there has been specific requests for the number not to be available. CHAIR WEYHRAUCH objected for discussion purposes. He asked Ms. Glaiser how she would administer that. Number 1245 MS. GLAISER replied that the new voter system that will be purchased by the division has a screen that prevents access "to those voters." Currently, she said, the division has to code the database, which she said protects that information. She said, "We don't have a great deal of requests, but we do have several, and those people are hidden in a voter list." CHAIR WEYHRAUCH asked, "Is this amendment necessary?" MS. GLAISER answered yes. She said it would give the division the legal platform to "do what we've done." She said, "If we're going to build this confidentiality clause in - which we didn't ever have before - then we need a place where [state government] can access it if they need it for court records or law enforcement, or for any other reason." She added, "Now, I don't know whether you're talking about the conceptual part of the amendment yet." CHAIR WEYHRAUCH said the conceptual amendment is just "making the telephone available." Number 1311 MS. GLAISER, in response to questions from Representative Seaton, confirmed that currently a candidate has access to a voter's past voting history, name, and address, but the division does not reveal the voter's place of birth, social security number, or driver's license number, for example. She revealed that she knows of one private company named, Motznik (ph), that blends many public documents together, compiling information from hunting and fishing records, for example. That company makes a list that has more data on it than the division provides, she said. In response to a follow-up question from Representative Seaton, she said it's her understanding that the only change effected by the conceptual amendment to Amendment 2 would be to release the telephone number with the address and voting history. Number 1386 REPRESENTATIVE BERKOWITZ indicated that this issue was addressed regarding a permanent fund matter last week. He said he sees a situation materializing in which "we serially address releases of [domestic violence] victim information, depending on what it is." He stated that there ought to be some blanket provision in state law that precludes release [of that information] and protects confidentiality rather than [addressing the issue on a bill-by-bill basis]. Number 1421 REPRESENTATIVE GRUENBERG requested that the issue not be addressed in a conceptual amendment right now, but rather be it worked on at a later point. CHAIR WEYHRAUCH reminded the committee that a motion is on the floor to adopt the conceptual amendment to Amendment 2. REPRESENTATIVE GRUENBERG stated, "The reason it's not a simple amendment is people have to opt in and opt out of it and will have to look at how they did that on the telemarketing bill, ... and that took a lot of crafting." Number 1463 MS. GLAISER, in response to a question from Representative Lynn, explained that [asking for] phone numbers on the voter registration began a long time ago. She indicated that on a voter application a person can check that he/she wants to be an election worker, and supplying a phone number helps the division contact that registered voter. Number 1515 REPRESENTATIVE SEATON objected to the conceptual amendment [to Amendment 2]. He indicated his disagree with "putting out to the general public everybody's telephone numbers." REPRESENTATIVE LYNN said he is willing to vote on the conceptual amendment to Amendment 2 now, or address the issue later in the next committee of referral. The committee took an at-ease from 8:45 a.m. to 9:08 a.m. REPRESENTATIVE LYNN advocated for more information to candidates. He said nothing takes the place of a candidate going door to door. He said that only second to that is having a telephone contact in order to discuss issues. He said he wants to assist that, but would work with Representative Gruenberg on the issue. Number 1654 REPRESENTATIVE LYNN withdrew the conceptual amendment to Amendment 2. Number 1695 CHAIR WEYHRAUCH drew attention to the handwritten change on Amendment 2 [text provided previously] and suggested that Amendment 2 be made a conceptual amendment so that "the drafters can take the language and put it [in] whatever form that comports with that handwritten note." CHAIR WEYHRAUCH removed his objection to Conceptual Amendment 2. He clarified that he is now calling the entire Amendment 2, Conceptual Amendment 2. REPRESENTATIVE GRUENBERG concurred. Number 1726 CHAIR WEYHRAUCH asked if there was any further objection to Conceptual Amendment 2. There being none, Conceptual Amendment 2 was adopted. Number 1746 REPRESENTATIVE GRUENBERG [moved to adopt] Amendment 3, labeled 23-GH2021\U.2, Kurtz, 4/20/04, which read as follows: Page 4, lines 18 - 23: Delete all material and insert: "(A) by publication three times in a newspaper of general circulation in the precinct; or (B) if there is not a newspaper of general circulation in the precinct, by posting written notice in three conspicuous places as close to the precinct as possible; at least one posting location must be in the precinct;" CHAIR WEYHRAUCH objected [for discussion purposes]. REPRESENTATIVE GRUENBERG moved to adopt Amendment 1 to Amendment 3 as follows: In subparagraph (A) Between "a" and "newspaper" Insert "local" In subparagraph (B) Between "a" and "newspaper" Insert "local" Number 1820 MS. GLAISER said [Amendment 1 to Amendment 3] would be helpful to the division and would get notices in the papers where the most voters will be able to read about them. CHAIR WEYHRAUCH withdrew his objection and announced that Amendment 1 to Amendment 3 was adopted. REPRESENTATIVE GRUENBERG noted that a memorandum is attached to Amendment 3. Number 1872 CHAIR WEYHRAUCH removed his objection to Amendment 3, as amended. He asked if there was further objection. There being none, Amendment 3, as amended, was adopted. Number 1885 REPRESENTATIVE GRUENBERG moved to adopt Amendment 4, labeled 23- GH2021\W.6, Kurtz, 4/24/04, which read as follows: Page 11, line 30, through page 12, line 18: Delete all material and insert: "* Sec. 26. 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." Page 14, line 29, through page 15, line 16: Delete all material and insert: "* Sec. 34. AS 15.45.360 is repealed and reenacted to read: Sec. 15.45.360. 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 person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.335; (2) the person is the only circulator of the petition; (3) the signatures were made in the circulator's actual presence; (4) to the best of the circulator's knowledge, the signatures are the signatures of 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 15.45.340(b); (7) the circulator has not violated AS 15.45.340(c) with respect to that petition; and (8) before circulation of the petition, the circulator prominently placed, in the space provided under AS 15.45.320(6), if the circulator has received payment or agreed to receive payment for the collection of signatures on the petition, the name of each person or organization that has paid or agreed to pay the circulator for collection of signatures on the petition." Renumber the following bill sections accordingly. Page 17, following line 9: Insert a new bill section to read: "* Sec. 39. AS 15.45.570 is amended to read: Sec. 15.45.570. Statement of warning. Each petition must [AND DUPLICATE COPY SHALL] include a statement of warning that a person who signs a name other than the person's own to the petition, or who knowingly signs more than once for the same proposition at one election, or who signs the petition while knowingly not a qualified voter, is guilty of a class B misdemeanor." Renumber the following bill sections accordingly. Page 18, lines 5 - 22: Delete all material and insert: "* Sec. 43. AS 15.45.600 is repealed and reenacted to read: Sec. 15.45.600. 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 person signing the affidavit meets the residency, age, and citizenship qualifications for circulating a petition under AS 15.45.575; (2) the person is the only circulator of the petition; (3) the signatures were made in the circulator's actual presence; (4) to the best of the circulator's knowledge, the signatures are the signatures of 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 15.45.580(b); (7) the circulator has not violated AS 15.45.580(c) with respect to that petition; and (8) before circulation of the petition, the circulator prominently placed, in the space provided under AS 15.45.560(5), if the circulator has received payment or agreed to receive payment for the collection of signatures on the petition, the name of each person or organization that has paid or agreed to pay the circulator for collection of signatures on the petition." Page 22, line 3: Delete "secs. 21 - 43" Insert "secs. 21 - 44" REPRESENTATIVE GRUENBERG said, "When we saw this in its previous version, it only dealt with Section 15.45.130." Kathryn Kurtz, Legal Counsel, Legislative Legal and Research Services, saw that there were three statutes involved - one on initiatives, one on referendums, and one on recalls - and she made the conforming amendment to AS 15.45.360 and AS 15.45.600. Representative Gruenberg said Ms. Kurtz set the sections out much more clearly and drafted them in current style. Number 1981 REPRESENTATIVE GRUENBERG explained that Amendment 4 is basically technical, except that, substantively, it will allow "things on the petition to be corrected before the subscriptions are counted." He said if somebody makes a mistake, the petition shouldn't be thrown out, because that affects hundreds of people who have signed the petition in good faith. Number 2018 MS. GLAISER indicated that [Amendment 4] addresses some of the court's concerns. She said, "If we find ... a circulator hasn't filled out the affidavit, we can make that correction and then count all those signatures in the books, rather than casting them aside due to a technical failure by the circulator." In response to a question from Chair Weyhrauch, she stated that, in current law, it's a misdemeanor for someone to sign a petition who is knowingly not a qualified voter. CHAIR WEYHRAUCH asked what the basis for Amendment 4 is. MS. GLAISER answered that Amendment 4 was Representative Gruenberg's idea. She suggested it falls into place with the Hinterberger v. State of Alaska, which she explained was in regard to a hemp petition that was heard in superior court. CHAIR WEYHRAUCH asked if the Hinterberger case was on appeal. MS. GLAISER answered no. She said the lieutenant governor held a press conference to say that [the division] would "address all of the concerns." She stated, "The judge was clear about accountability reports, and that's within ... the original version of the bill and it still remains. This is just additional -- we certainly could include that as an improvement to the process." She continued as follows: What the judge was addressing was that government doesn't create barriers to the people petitioning the government; that it's a reasonable -- and that they understand that right out in front, which is also why the division then went and picked up referendum and recall and made them very similar in this bill, so that when people do petition their government on either three of those occasions, that they're all similar and they're held to the same standards: circulators are the same; affidavits are the same; a misdemeanor's a misdemeanor; because you're always petitioning your government. Number 2139 CHAIR WEYHRAUCH withdrew his objection [to Amendment 4]. He asked if there was further objection. There being no further objection, Amendment 4 was adopted. Number 2146 REPRESENTATIVE GRUENBERG, in response to a question from Chair Weyhrauch, indicated that he had one or two more amendments to offer, but would prefer to wait until there was a full committee at the next hearing on HB 523. [HB 523 was heard and held.]
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