Legislature(2007 - 2008)CAPITOL 106
02/09/2008 11:00 AM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB277 | |
| HB287 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 277 | TELECONFERENCED | |
| *+ | HB 287 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 277-PERMANENT ABSENTEE VOTING 11:10:27 AM VICE CHAIR ROSES announced that the first order of business was HOUSE BILL NO. 277, "An Act establishing a permanent absentee voting option for qualified voters." 11:10:37 AM REPRESENTATIVE JOHNSON moved to adopt the committee substitute (CS) for HB 277, Version 25-LS1095\E, Bullard, 1/25/08, as a work draft. [No objection was stated, and Version E was treated as before the committee.] 11:11:03 AM REPRESENTATIVE BOB BUCH, Alaska State Legislature, introduced HB 277 as joint prime sponsor. He said the proposed legislation would create a permanent absentee voting option for Alaskan voters, whereby an absentee ballot would be sent to anyone who applied for permanent absentee voting status. The voter would not have to reapply for an absentee ballot for every election, but would only have to apply once. The intent of the bill is to make voting more convenient for Alaskans, many of whom have seasonal jobs in the fishing and mining industries or on the North Slope. Those people would have the comfort of knowing that they would receive their ballot in the mail and be able to vote, no matter where they are, he said. Furthermore, HB 277 would streamline the absentee voting process for the Division of Elections by cutting down on paperwork and administrative costs. REPRESENTATIVE BUCH reported that permanent absentee voting has gaining popularity all over the country; currently eight states allow it, while 21 other states have some version of it, for example, no-excuse absentee balloting or mandatory vote by mail systems. He specified that HB 277 would facilitate absentee voting only for those voters who choose it. Voters would still have the option of requesting a one-time absentee ballot, and they could also choose to vote at their regular polling place. REPRESENTATIVE BUCH said HB 277 would not change any of the existing statutes that govern absentee balloting, except to provide for a permanent option. He indicated that the same statues that currently govern regular absentee ballot use would extend to govern permanent absentee ballots. The bill would apply only to state elections - not local elections. The proposed legislation would take effect [January 1], 2009. He relayed that HB 277 is supported by the Division of Elections, whose representatives are on hand to answer questions related to the absentee process and how this option would be implemented. The bill also has the support of the U.S. Postal Service and postal carriers, who are available via teleconference for comment. Furthermore, HB 277 has bi-partisan support. He urged the committee to support the bill. 11:13:59 AM REPRESENTATIVE BUCH, in response to a question from Representative Johansen, described the current process by which a person votes absentee. In response to a follow-up question, he indicated that Alaska does not have a [mandatory] mail-in ballot system, although some states are moving in that direction. He said, "This, by increment, gives us an opportunity to look at this system and see if it's something that we would approve of and will work here. And so, slowly, by giving voters options, we may eventually get there - I don't know." REPRESENTATIVE JOHANSEN said he is curious whether "we're inching towards that sort of a system." REPRESENTATIVE BUCH responded, "This is just another option." 11:15:40 AM REPRESENTATIVE DOLL turned to information included in the committee packet [on page 3 of a 14-page handout of information compiled by Project Vote], which read: "When fraud is found, absentee ballots are often indicated." She paraphrased the ensuing information, which read [original punctuation provided]: Absentee ballot fraud takes four general forms, (1) forging signatures or signing fictitious names; (2) coercing or influencing a vote; (3) vote buying; and (4) misappropriating absentee ballots. Absentee ballot fraud by members of both major political parties has been substantiated in several high-profile civil and criminal cases. REPRESENTATIVE DOLL asked Representative Buch for his comments. 11:16:33 AM REPRESENTATIVE BUCH noted that there is testimony to that effect available from those who are caretakers of "those security issues," and he deferred comment to them. 11:17:01 AM VICE CHAIR ROSES asked what kind of safeguards are in place to prevent a situation in which a person might mail his/her absentee ballot early, forget it has been done, and go to the polling place to vote, thereby inadvertently voting twice. 11:17:38 AM REPRESENTATIVE BUCH said there is a security system currently in place throughout the Division of Elections that allows duplicate votes to be found; however, he said he does not know the exact procedure involved. He said other options, such as voting at a polling place and voting absentee in front of a registrar, would not be precluded because of this option. 11:18:24 AM VICE CHAIR ROSES asked if, under the bill, a person who is signed up for permanent absentee voting and then chooses another option of voting would have to sign up again for the permanent absentee voting. 11:18:37 AM REPRESENTATIVE BUCH offered his understanding that the answer to that question is no; however, he said he would like confirmation from someone from the Division of Elections. 11:19:09 AM GAIL FENUMIAI, Director, Division of Elections, confirmed that the division supports HB 277 and that there would be no fiscal impact on the division for implementing the proposed process. She said the division currently has a strong absentee by mail program. In the 2004 election, she noted, over 71,000 people voted using one form of absentee voting or another. She recollected that the division processed over 50,000 by mail applications during the 2004 presidential election. In response to a question from Representative Coghill, she said she does not have statistics regarding the number of voters whose addresses have changed since applying resulting in returned mail to the division. She stated, "I believe the way the bill is drafted, that if we mail a ballot to a voter who wants to be a permanent absentee voter and it comes back undeliverable, we would cease mailing any future ballots to that voter until they notify us ... of a different ballot mailing address." 11:21:14 AM REPRESENTATIVE COGHILL said an essential factor in considering the proposed legislation would be the federal requirement related to maintaining and purging a voter list. He asked if there have been any problems to date regarding the credentialing of absentee voters, and whether the proposed legislation would create further problems related to the definitive identity of those filling out the absentee vote. MS. FENUMIAI said currently a person must provide some form of identification in his/her by mail application, such as the last four digits of the social security number, date of birth, driver's license, state identification number, and he/she must sign an oath regarding identity. Furthermore, when the voter votes that ballot, it must be witnessed by somebody who is authenticating that that person is really the person who is signing the open affidavit on the back of that envelope. She said the process would not change because of HB 277. 11:22:36 AM REPRESENTATIVE COGHILL emphasized the importance of trying to second-guess how someone could scam the process. He said he likes the idea, but even in open and absentee voting, where voters self-identify, there is the opportunity for fraud, such as using someone else's identity. He said voting in person increases the chances to ensure authenticity. 11:23:31 AM REPRESENTATIVE BUCH responded, "This isn't the first time this has been put in effect; there is some history on this ...." He said he shares Representative Coghill's concern regarding fraud. 11:24:08 AM REPRESENTATIVE COGHILL asked if a cross-check system is already in place. 11:24:24 AM MS. FENUMIAI responded that the same procedures used now for the annual vote by mail applications would be applied to the permanent absentee voter. She said there are currently statutes on the books regarding voter fraud, including related penalties. 11:25:04 AM REPRESENTATIVE COGHILL commented that he could buy the division's list [of addresses] for those voters in his district and mail something to everyone on that list, and he would anticipate receiving 30 percent of that mailing returned "undeliverable." He said that is a problem. 11:25:30 AM MS. FENUMIAI responded that the onus would be on the voter to provide an updated address, and if it was a new permanent mailing address, the division would make that correction on its voter registration records. She said the absentee by mail application serves a dual purpose; it is an initial registration form and source for updating any information on the voter's current voter's registration record. 11:26:00 AM REPRESENTATIVE DOLL asked how long it takes the division to conduct a crosscheck. 11:26:26 AM MS. FENUMIAI explained that when the division reviews the ballots, it would note in its system if a person had already voted through an early voting process, and the ballot would not be counted. In response to a question from Representative Doll regarding military ballots, she explained that currently military and overseas citizens have the option to apply to vote by mail and have a ballot sent to them for the next two general elections. She offered her understanding that that law changed in 2006. The onus is still on the voter to let the division know that he/she has a new ballot mailing address. She stated, "This would be a further extension of that, and it would put them on as a permanent absentee voter indefinitely." She said she does not know how the division could simplify the process to make it easier on the voter. 11:28:56 AM MS. FENUMIAI, in response to a question from Representative Johnson, stated her understanding that 71,000 people voted in one form of absentee voting in the 2004 presidential election. In response to a follow-up question, she said she does not know how many absentee by mail forms were sent out, but she said she could find out. REPRESENTATIVE JOHNSON confirmed that he would like to know the answer. 11:29:36 AM MS. FENUMIAI, in response to Representative Johnson, offered her understanding that if a voter does not make an attempt to vote in any form in two election cycles, the division sends notification that he/she will be removed from the list of voters. 11:30:14 AM REPRESENTATIVE JOHNSON remarked that he thought "it was much more difficult than that." He asked how many years there are in two election cycles. 11:30:24 AM MS. FENUMIAI said she believes that would be a 4-year cycle. She said she would like to look up the statute and provide further information. 11:30:34 AM REPRESENTATIVE JOHNSON asked if a voter on the permanent absentee voting list, as proposed by the bill, would be removed from the list if he/she did not vote [for two election cycles]. 11:30:56 AM MS. FENUMIAI responded that she does not believe so, because that voter would have maintained a form of contact by indicating that he/she wished to be a permanent absentee voter; however, she suggested the need for legal interpretation. 11:31:12 AM REPRESENTATIVE JOHNSON asked for clarification that if he were to apply [for permanent by mail voting], he could never be taken off the list of voters. 11:31:18 AM MS. FENUMIAI said she needs to look at the list maintenance laws to confirm that. She suggested that the bill sponsor may wish to consult with Legislative Legal and Research Services. 11:31:32 AM REPRESENTATIVE JOHNSON remarked that there are places where voting turnout is low. He expressed concern regarding adding people to a list off which their names can never be taken. He said, "There's going to come a point where it's just not going to function well for us to know what we're doing as a democracy." 11:32:22 AM MS. FENUMIAI told the committee that she had just been supplied with the applicable statute, which read as follows: Sec. 15.07.130. Voter registration list maintenance. (a) Periodically, at times of the director's choosing, but no less frequently than in January of each calendar year, the director shall examine the master register maintained under AS 15.07.120 and shall send, by nonforwardable mail to the voter's registration mailing address, a notice requesting address confirmation or correction to each voter (1) whose mail from the division has been returned to the division in the two years immediately preceding the examination of the register; (2) who has not contacted the division in the two years immediately preceding the examination of the register; or (3) who has not voted or appeared to vote in the two general elections immediately preceding the examination of the register. (b) If a registered voter has not, within the preceding four calendar years, contacted the division and has neither voted nor appeared to vote in a local, regional school board, primary, special, or general election during the last four calendar years and a notice sent to the voter under (a) of this section was returned as undeliverable, the voter shall be advised by a notice sent by forwardable mail to the voter's last known address that registration will be inactivated unless the voter responds to the notice no later than 45 days after the date of the notice sent under this section. The director shall maintain on the master register the name of a voter whose registration is inactivated. The director shall cancel a voter's inactive registration in accordance with the procedures set out in 42 U.S.C. 1973gg-6 (sec. 8, National Voter Registration Act of 1993) after the second general election that occurs after the registration becomes inactive if the voter does not contact the division or vote or appear to vote. MS. FENUMIAI offered her understanding that the list that a legislator has access to is one showing only active voters. 11:33:54 AM REPRESENTATIVE JOHNSON concluded that the bill would not really create a permanent list. 11:34:10 AM MS. FENUMIAI indicated that that appears to be the case. 11:34:35 AM REPRESENTATIVE JOHANSEN asked what percentage of voters has utilized absentee voting in the last couple elections. 11:34:52 AM MS. FENUMIAI said other than the aforementioned number of approximately 50,000 people who applied to vote by mail in 2004, she does not know the return rate or how the overall percentage equates in terms of those who vote in person at the polling locations. 11:35:12 AM REPRESENTATIVE JOHANSEN drew attention to [page 6 of the aforementioned Project Vote handout] and noted that eight states are listed as having ["Permanent No Fault Absentee" voting]. He said he is trying to figure out how many Alaskans are voting absentee currently and what sort of impact [HB 277 would have on that number]. He said the possibility of a considerable increase in the number of people who vote through the absentee by mail process leads to concern regarding security measures and how the division would keep an accurate list. He asked Ms. Fenumiai if she has studied "the other states" in terms of how they "handle the questions" that [Representatives Coghill and Johnson] have put forth thus far. 11:36:22 AM MS. FENUMIAI answered that she has not seen the list of "other states," but would definitely look into the matter. 11:36:33 AM REPRESENTATIVE JOHANSEN said he would like to understand how other states function that have "very high levels of doing this method," rather than leaving it to the Division of Elections to figure the matter out on its own. 11:37:06 AM REPRESENTATIVE BUCH offered his understanding that [included in the committee packet] there is testimony related to this concern from the postal service, and that testimony would provide answers to some of the previously stated questions. 11:37:29 AM MS. FENUMIAI asked for confirmation that the aforementioned eight states are "permanent ... by mail voting only." She said the bill's proposal differs from a system that has all by mail elections. She pointed out that Oregon is a state that requires every voter to vote by mail. The proposed legislation would give the option for a person to apply only once if he/she wanted to vote by mail. 11:38:08 AM REPRESENTATIVE JOHANSEN admitted that he does not know the definition of permanent no fault absentee voting, but reiterated his wish for studies to be done to learn about the processes of other states, as well as to anticipate how the change will affect Alaska's system. 11:39:01 AM REPRESENTATIVE JOHNSON asked how many people were deleted from the list of voters since the last two presidential cycles. 11:39:30 AM MS. FENUMIAI said she would get that statistic for the committee. 11:39:47 AM REPRESENTATIVE BUCH said, "The hope ... of the other states was that this would improve voter participation." He said Oregon, the only state to currently have [required] voting by mail, has close to an 80 percent voting rate. He continued: Now, this process here hasn't had the same kind of response, and even though it gave a certain level of convenience and added that, they haven't seen the increments, even though that was the hope. So, being realistic with this, I also have to report what's in your packet, that it doesn't testify to that fact that it has increased the participation to the extent that people had wished. 11:40:50 AM REPRESENTATIVE JOHNSON asked Ms. Fenumiai to confirm that there would be no additional cost incurred if the bill is passed. 11:41:10 AM MS. FENUMIAI suggested perhaps the fiscal note should have been an indeterminate fiscal note. She said, "Many of these people may be those who apply and vote every year anyway. It's very difficult to gauge, I believe, how much this will increase the by mail voting program." 11:41:35 AM REPRESENTATIVE JOHNSON noted that the bill would be heard by the House Finance Committee. 11:41:43 AM LARRY BENSON, President, American Postal Workers Union AFL-CIO, Midnight Sun Area Local 2756, said state election ballots would be sent indefinitely to the homes of those voters who had registered as permanent absentee voters. The safeguard built in to HB 277, he said, is the requirement that permanent absentee voters vote in every election. Mr. Benson stated his understanding that when a permanent absentee voter fails to vote in any election, that voter's name would be removed from the list of permanent absentee voters and he/she would no longer receive a ballot in the mail in the future. However, he noted that the bill would also allow the permanent absentee voter who has been removed from the list of permanent absentee voters to reregister. Permanent absentee ballots would not be forwarded to a voter's new address. He said, "In the case of a voter moving to a new home location, the postal service would return those ballots to the Division of Elections for final determination." The voter, after moving, would be allowed to reregister for permanent absentee voter status. He said that would give the division the ability to clean up the list of voters. 11:44:02 AM MR. BENSON stated that the Postal Inspection Service and the Office of the Inspector General are the law enforcement divisions within the postal service, and both agencies have a high conviction rate related to all criminal mail matters. Regarding on-time delivery, Mr. Benson described the postal service as a professional delivery service with over 200 years of experience in sortation and the delivery of mail. Furthermore, he said the postal service has no problem with high volumes of First Class mail that must be processed within a deadline. He offered federal income tax season mail as an example. At present, the postal service in Alaska has an on- time delivery rating of 96.15 percent. MR. BENSON, regarding voter turnout, said in the state of Oregon, where it is mandatory to vote by mail, and where voter turnout has increased, vote by mail has an 81 percent approval rating. He stated that offering permanent absentee vote by mail in Alaska will increase voter turnout, although it is hard to gauge what that increase will be. In Alaska, absentee votes will be beneficial to many of the state's citizens who work in areas away from the polling places, such as working parents, the elderly, and the disabled. MR. BENSON said the states of Washington, Oregon, and California report a savings in the cost of elections through the use of vote by mail, and he predicted Alaska will also experience a cost savings. He stated that permanent absentee vote by mail would provide greater procedural integrity; there would be a paper trail for each vote cast, unlike electronic voting machines, which are susceptible to computer hackers. Vote by mail has shown no increase in voter registration fraud, despite 19 different states having used it in at least one election, he reported. Furthermore, he cited, "There are no reports that indicate that permanent absentee vote by mail has any direct or indirect effect on partisan composition of the electorate." MR. BENSON named some benefits of permanent absentee by mail voting. First, receiving a ballot in the mail two weeks before an election reminds the voter that an election is imminent. Second, it allows voters to research candidates and issues and vote at their convenience. Furthermore, it would eliminate decisions within the voting booth. Mr. Benson stated: The American Postal Workers Union brings this bill forward to ensure that all Alaskans have equal access to voting, and for all the other reasons I presented here, I ask you for your support of passing HB 277. 11:47:50 AM MR. BENSON, in response to a question from Representative Doll, said if a person moves out of state and has a forwarding address on file with the postal service, a ballot that was sent out would be returned to the Division of Elections, because it cannot be forwarded. 11:48:53 AM MS. FENUMIAI confirmed that the outgoing envelope in which a ballot is sent has written instructions on it that let the postal service know that the mail is not forwardable. 11:49:15 AM DORSEY ROLAND, National Association of Letter Carriers, acknowledged the previously stated concerns regarding how the proposed bill would function. He said the bill merely proposes that voters, who are already allowed to vote by mail, be allowed the option of making their absentee by mail voting method permanent. It would provide "an ease for the voter" and cut down on some of the paperwork that must be done by the Division of Elections. Mr. Roland said when a voter provides an application to the division, he/she provides proof of identity and a signature for verification. When a ballot is mailed into the division, it is verified by that signature. By doing this, the division is creating a verifiable paper trail. He said, "It definitely doesn't produce any missing ballots." He said Oregon has not had any instances of fraud [related to the vote by mail system]. In fact, such a system helps to purge a voting list, which results in a truer figure of the percentage of the voter turnout in elections. He stated that he is not certain how that happens but could "track that information down" for the committee. Mr. Roland said he looks at HB 277 as a way to increase voter turnout. 11:53:16 AM REPRESENTATIVE JOHANSEN said he agrees with doing what is possible to get more people involved. He noted that the postal workers seem to be testifying on the functions of the Division of Elections, and he said he is curious as to their involvement. 11:53:53 AM MR. ROLAND said the issue is of interest to him. He told the committee that he has a friend who is a postal carrier in Portland, Oregon, who was instrumental in getting Oregon's vote by mail laws passed in that state. He clarified that he is not an expert on the law. REPRESENTATIVE JOHANSEN complimented Mr. Roland for being a citizen who is active in government and who took the time to find out how the regulations work. 11:54:43 AM REPRESENTATIVE JOHNSON asked Mr. Roland how much more mail the postal service in Oregon has received since the vote by mail was instituted. 11:55:03 AM MR. ROLAND responded that the postal service has seen a revenue increase of approximately $450,000. 11:55:50 AM VICE CHAIR ROSES, after ascertaining that there was no one else to testify, closed public testimony. 11:55:59 AM REPRESENTATIVE JOHNSON directed attention to page 2, [lines 25- 29], which read as follows: (c) For each state primary, general, and special election, and each other election for which the state has responsibility for the conduct of the election, the director or an election supervisor shall send an absentee ballot to each voter designated as a permanent absentee voter for that election and who is otherwise qualified to vote in that election. REPRESENTATIVE JOHNSON asked Ms. Fenumiai to "outline the other elections that the state is responsible for." 11:56:15 AM MS. FENUMIAI responded that the other elections the division oversees are those held in unincorporated areas of the state where the division conducts school board elections and regional educational attendance area elections. It also oversees local liquor option elections, dissolution elections, and incorporation elections on behalf of the local boundary commission. 11:57:04 AM MS. FENUMIAI, in response to a question from Representative Johnson, confirmed that the permanent absentee by mail voting would pertain to state elections only; if local municipalities want to offer this kind of voting, they would have to adjust their local ordinances. In response to a follow-up comment from Representative Johnson, she stated her belief that it would be the responsibility of the division to make it clear to voters that the option would only be for state elections. 11:58:07 AM REPRESENTATIVE JOHNSON stated concern that there may be a disenfranchisement of voters, and he asked if there is any way to have a unified election process. 11:59:08 AM MS. FENUMIAI explained that the current system requires people to apply separately for local elections. Since voters are used to applying separately for the two kinds of elections, she said, she is "not sure if this would really, truly have that much of a negative impact on the current process." 11:59:48 AM REPRESENTATIVE JOHNSON said, "The 'I'm not sure' part causes me some concern, because neither am I, and I would like to be sure." 11:59:58 AM MS. FENUMIAI, in response to Representative Johnson, said the municipalities use the state voter registration list; however, they don't use the absentee voter list, since it is only applicable to state elections. 12:00:23 PM REPRESENTATIVE DOLL stated that although she has concerns about fraud, the thought of being able to bring more people to vote is a strong argument in favor of the proposed legislation; therefore, she stated her support of HB 277. 12:01:30 PM REPRESENTATIVE BUCH said the intent of the bill is to provide another option - a convenience to voters. He expressed appreciation for the comments of the committee. 12:02:13 PM REPRESENTATIVE JOHNSON reiterated that he likes the concept of increasing voter participation, but is concerned that the bill would set up a separate system that would be confusing to voters. He said he is not yet comfortable with HB 277. 12:03:16 PM REPRESENTATIVE DOLL moved to report CSHB 277, Version 25- LS1095\E, Bullard, 1/25/08, out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, CSHB 277(STA) was reported out of the House State Affairs Standing Committee.
| Document Name | Date/Time | Subjects |
|---|