Legislature(2013 - 2014)CAPITOL 106

02/19/2013 08:00 AM House STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ HB 104 ELECTION PROCEDURES; REAA ADVISORY BOARDS TELECONFERENCED
Moved CSHB 104(STA) Out of Committee
+= HB 10 EXEC ETHICS: LEGAL FEES/FAMILY TRAVEL TELECONFERENCED
Moved CSHB 10(STA) Out of Committee
+ Bills Previously Heard/Scheduled TELECONFERENCED
        HB 104-ELECTION PROCEDURES; REAA ADVISORY BOARDS                                                                    
                                                                                                                                
8:07:24 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN announced  that the first order of  business was HOUSE                                                               
BILL  NO.  104,  "An  Act  relating  to  election  practices  and                                                               
procedures; relating to the election  of an advisory school board                                                               
in a regional  educational attendance area; and  providing for an                                                               
effective date."                                                                                                                
                                                                                                                                
8:07:28 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute  (CS)  for  HB   104,  Version  28-GH1983\N,  Bullard,                                                               
2/15/13, as a work draft.   [No objection was stated, and Version                                                               
N was considered before the committee.]                                                                                         
                                                                                                                                
8:07:57 AM                                                                                                                    
                                                                                                                                
GAIL  FENUMIAI, Director,  Division of  Elections, Office  of the                                                               
Lieutenant  Governor,   presented  the  sectional   analysis  for                                                               
Version  N to  HB 104  [included  in the  committee packet],  and                                                               
brought attention to  Section 1 of the  sectional analysis, which                                                               
read as follows [original punctuation provided]:                                                                                
                                                                                                                                
     Section  1 -  specifies that  the division  may conduct                                                                    
     elections  for  advisory   school  boards  in  regional                                                                    
     educational attendance areas.                                                                                              
                                                                                                                                
MS.  FENUMIAI   said  the  division  already   conducts  regional                                                               
attendance  area  elections  the  first  Tuesday  of  October  in                                                               
approximately 19  regional educational attendance  areas (REAAs).                                                               
She  continued  to Section  2  in  the  analysis, which  read  as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
     Section  2 -  allows  a child  turning  18 who  resides                                                                    
     outside  the  U.S. to  register  and  vote absentee  if                                                                    
     their  parent  or  guardian  was  domiciled  in  Alaska                                                                    
     immediately  before leaving  the U.S.  This section  is                                                                    
     aimed at  voters who turn  18 while living  abroad with                                                                    
     their parents or guardians.                                                                                                
                                                                                                                                
MS. FENUMIAI, in  response to Chair Lynn, confirmed  that many of                                                               
those children  are military dependents  living abroad,  but some                                                               
are  children of  parents  who have  jobs  overseas but  maintain                                                               
their registered  voter status in  Alaska.  She  turned attention                                                               
to Sections 3-6 of the  sectional analysis, which read as follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 3  - Amends AS  15.10.170 to require  that po1l                                                                    
     watchers be persons that are  registered to vote in the                                                                    
     state.                                                                                                                     
     Section  4  -  Amends  AS  15.10.180  to  require  that                                                                    
     persons on  the state  ballot counting review  board be                                                                    
     registered voters in the state.                                                                                            
                                                                                                                                
     Section 5 - Amends AS  15.13.374(f) to provide that the                                                                    
     name of  a person  requesting an advisory  opinion from                                                                    
     the  Alaska Public  Offices Commission  is confidential                                                                    
     and  must be  redacted from  both the  request and  the                                                                    
     opinion before the opinion is made public.                                                                                 
                                                                                                                                
     Section 6 - allows  the division to designate municipal                                                                    
     clerks  to  serve  as   absentee  voting  officials  in                                                                    
     municipalities  where the  division  does  not have  an                                                                    
     absentee voting station.                                                                                                   
                                                                                                                                
MS. FENUMIAI, regarding  Section 3, pointed out that  to date, no                                                               
one who  has served on the  ballot counting review board  has not                                                               
been  a registered  voter.   She  said the  political parties  in                                                               
Alaska are  allowed to present  the division with "some  names of                                                               
people who can serve on the  review board."  Regarding Section 6,                                                               
she  said  currently  many municipal  clerks  serve  as  absentee                                                               
voting officials  in municipalities  where the division  does not                                                               
have  absentee  voting stations  and  to  provide voting  to  all                                                               
voters 15 days before and including Election Day.                                                                               
                                                                                                                                
8:10:40 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI  directed attention  to Section  7 of  the sectional                                                               
analysis, which read as follows [original punctuation provided]:                                                                
                                                                                                                                
     Section  7   -  clarifies   that  voters   (other  than                                                                    
     uniformed services voters or  overseas voters) who wish                                                                    
     to  receive  their  ballot by  electronic  transmission                                                                    
     must comply with the  same ballot application deadlines                                                                    
     applicable to absentee voting in person.                                                                                   
                                                                                                                                
MS. FENUMIAI  explained that someone who  is not a member  of the                                                               
military or  overseas voter  must wait until  15 days  before the                                                               
election to  receive a ballot electronically,  whereas members of                                                               
the military  and uniformed, overseas citizens  can apply anytime                                                               
throughout the  calendar year per  federal law.  She  returned to                                                               
the  Section  Analysis,  to  Section 8,  which  read  as  follows                                                               
[original punctuation provided]:                                                                                                
                                                                                                                                
     Section 8 -  clarifies that ballots are  sent to voters                                                                    
     as  soon as  they are  available for  distribution with                                                                    
     the  exception  of   uniformed  services  and  overseas                                                                    
     voters whose  ballots must be  mailed 45 days  prior to                                                                    
     the election.                                                                                                              
                                                                                                                                
MS.  FENUMIAI,  in response  to  the  chair, clarified  that  the                                                               
division currently  follows that  federal law,  but thinks  it is                                                               
best to  put it into  state law, as well.   She said  the federal                                                               
requirement has been in place  since November 2010.  She directed                                                               
attention to Section  9 of the sectional analysis,  which read as                                                               
follows [original punctuation provided]:                                                                                        
                                                                                                                                
       Section 9 - removes the reference to receipt of by-                                                                      
        mail ballots (postmarked from overseas) 15 days                                                                         
     following the election.                                                                                                    
                                                                                                                                
MS.  FENUMIAI said  the division  is proposing  that be  removed,                                                               
because  "they  are  getting  their  ballots  about  three  weeks                                                               
earlier than normal,  and we feel that they are  having plenty of                                                               
time  to return  their ballots."   She  indicated that  [under HB
104],  all  ballots would  be  due  back  10 days  following  the                                                               
election,  which would  assist the  division in  closing out  the                                                               
primary  in  time  to  prepare  for the  general  election.    In                                                               
response to Chair Lynn, she said  the division waits to count the                                                               
absentee ballots  turned in until  after doing the  voter history                                                               
of people who have voted at  their polling places, to ensure that                                                               
there are not any people who  voted both at the polling place and                                                               
absentee or absentee in person.                                                                                                 
                                                                                                                                
8:13:09 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  expressed concern that under  Version N of                                                               
HB 104, there may not be  sufficient time for an overseas voter's                                                               
ballot,  postmarked on  Election Day,  to reach  the division  in                                                               
time to be counted.                                                                                                             
                                                                                                                                
MS.  FENUMIAI  said there  is  a  slight possibility  that  might                                                               
happen;  however, she  said  she  cannot guess  how  often.   She                                                               
reported that the  number of ballots received between  day 10 and                                                               
15 is small.   She noted that the State of Alaska  has one of the                                                               
more  liberal  policies  for   receiving  by-mail  ballots  post-                                                               
Election Day; many states require  receipt of ballots by close of                                                               
polls on Election Day.  She  said the division feels that many of                                                               
the  military and  overseas voters,  by  receiving ballots  about                                                               
three  weeks  ahead  of  time,  are  timely  in  returning  their                                                               
ballots.   In  response to  a  follow-up question,  she said  the                                                               
division would  be proactive  in getting the  word out  to voters                                                               
about the  time requirements of  postmarking and  returning their                                                               
ballots.                                                                                                                        
                                                                                                                                
REPRESENTATIVE HUGHES surmised that  mail service to Alaska takes                                                               
longer;  therefore, she  opined  that it  would  be important  to                                                               
"have a greater allowance than other states."                                                                                   
                                                                                                                                
MS. FENUMIAI responded  that she has no  knowledge regarding mail                                                               
service taking  longer to  get overseas.   She  emphasized, "That                                                               
extra five days at the end  of the primary election does push the                                                               
division  to  the limit  to  be  able  to  get ...  the  election                                                               
certified,  because  we  can't start  the  certification  process                                                               
until after  all those  ballots are  in and  counted in  order to                                                               
meet  that  45-day  deadline  for  the  General  Election."    In                                                               
response to  Representative Hughes,  she said  she would  have to                                                               
research  to find  out  how  many of  the  ballots are  currently                                                               
coming  in  between  the  tenth  and  fifteenth  days  after  the                                                               
election.  In response to the  chair, she reiterated that it is a                                                               
very small number.                                                                                                              
                                                                                                                                
REPRESENTATIVE HUGHES clarified  her request is to  know how many                                                               
of those  ballots that are  received by the division  between the                                                               
tenth and  fifteenth days  after election  have been  mailed from                                                               
overseas.                                                                                                                       
                                                                                                                                
8:16:31 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON, regarding  Section 7,  asked why  there                                                               
are different  timelines set between uniformed  and non-uniformed                                                               
overseas citizens.                                                                                                              
                                                                                                                                
MS. FENUMIAI  answered that it  would be  up to the  Alaska State                                                               
Legislature  to decide  whether  to change  the  timelines.   She                                                               
stated that  [the Uniform Overseas  Citizens Absentee  Voting Act                                                               
(UOCAVA)]  applies  only to  uniformed  overseas  citizens.   She                                                               
continued:                                                                                                                      
                                                                                                                                
     Forty-five days mailing a ballot  - delivering a ballot                                                                    
     to them -  they can apply any time  during the calendar                                                                    
     year to  receive their ballot electronically.   And our                                                                    
     current  state law  just allows  for those  voters that                                                                    
     are non-UOCAVA  to wait until the  15-day period before                                                                    
     the election to apply.                                                                                                     
                                                                                                                                
REPRESENTATIVE  ISAACSON  asked  what  the advantage  is  to  the                                                               
military person to have a much more liberal time period.                                                                        
                                                                                                                                
MS. FENUMIAI deferred to Paddy  McGuire of the Federal Assistance                                                               
Voting Program to answer that question.                                                                                         
                                                                                                                                
8:18:17 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI returned  to the sectional analysis,  to Section 10,                                                               
which read as follows [original punctuation provided]:                                                                          
                                                                                                                                
     Section  10 -  adds harmonizing  language from  federal                                                                    
     law that  ballots for  uniformed services  and overseas                                                                    
     voters will  be mailed  45 days  prior to  an election.                                                                    
     Also  adds  that   voters  living,  working,  traveling                                                                    
     outside the  U.S. at election  time or those  living in                                                                    
     remote areas of the state  will have a ballot mailed 45                                                                    
     days prior to an election.                                                                                                 
                                                                                                                                
CHAIR LYNN queried as to the definition of "remote area".                                                                       
                                                                                                                                
MS. FENUMIAI said she would find the definition in statute.                                                                     
                                                                                                                                
8:19:09 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  in response to  Representative Keller,  related that                                                               
the language  of Section 5  [text provided previously]  was added                                                               
to Version  N at  his request  to prevent  people who  request an                                                               
advisory opinion from  being publicly attacked.   He posited that                                                               
it  is important  that  people not  be reluctant  to  ask for  an                                                               
advisory  opinion  from  the  Alaska  Public  Offices  Commission                                                               
(APOC).  He surmised  that 99 times out of 100  the answer to the                                                               
question asked "applies to everyone."                                                                                           
                                                                                                                                
8:21:11 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI, regarding the definition  of "remote area", brought                                                               
the  committee's attention  to  [AS 15.20.082(a)],  in which  the                                                               
term is used as follows [original punctuation provided]:                                                                        
                                                                                                                                
                                                                                                                                
          (a) The director shall prepare special absentee                                                                       
     ballots under this  section for use in  a state primary                                                                    
     election,  a  state  general   election,  and  a  state                                                                    
     special election  when the voter notifies  the director                                                                    
     in  writing  that  the  voter  expects  to  be  living,                                                                    
     working, or traveling outside the  United States at the                                                                    
     time of the election, or in  a remote area of the state                                                                    
     where  distance, terrain,  or other  natural conditions                                                                    
     deny the voter reasonable access  to a polling place at                                                                    
     the time of the election.  ...                                                                                             
                                                                                                                                
MS.  FENUMIAI brought  attention to  Sections  11 and  12 in  the                                                               
sectional analysis,  which read as follows  [original punctuation                                                               
provided]:                                                                                                                      
                                                                                                                                
     Section 11  - removes the  reference to receipt  of by-                                                                    
     mail  ballots   (postmarked  from  overseas)   15  days                                                                    
     following the election.                                                                                                    
                                                                                                                                
     Section 12 -  changes the date of  the primary election                                                                    
     to  the  second Tuesday  in  August  (currently is  the                                                                    
     fourth Tuesday in August).                                                                                                 
                                                                                                                                
MS. FENUMIAI,  in response to  Chair Lynn, explained  the purpose                                                               
of Section  12 is  to ensure  that the division  will be  able to                                                               
comply with the  45-day ballot mailing for  the General Election.                                                               
Currently, she said, there is a  three-day window in which to get                                                               
the  ballots mailed  for the  General Election  per federal  law.                                                               
She indicated  that recounts  and court  challenges can  push the                                                               
division close to exceeding the current time limit.                                                                             
                                                                                                                                
8:22:50 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI moved on to Sections  13 through 19 of the sectional                                                               
analysis, which read as follows [original punctuation provided]:                                                                
                                                                                                                                
Section 13 - changes the withdrawal date for primary election                                                                   
candidates to 52 days prior to the primary election (currently                                                                  
is 48 days).                                                                                                                    
                                                                                                                                
Sections 14 and 15 - change the date to replace unopposed                                                                       
incumbent candidates to 54 days prior to the primary election                                                                   
(currently is 50 days) and filling of vacancy by party petition                                                                 
to 52 days prior to the primary election (currently is 48 days).                                                                
                                                                                                                                
Sections 16 and 17 - change the date to replace a candidate                                                                     
nominated at the primary election to 64 days before the general                                                                 
election (currently is 48 days).                                                                                                
                                                                                                                                
Section 18 - changes the withdrawal date for a candidate                                                                        
appearing on the general election ballot to 64 days prior to the                                                                
general election (currently is 48 days).                                                                                        
                                                                                                                                
Section 19 - changes the withdrawal date for judicial candidates                                                                
to 64 days prior to the general election (currently is 48 days).                                                                
                                                                                                                                
8:23:51 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI,  in response to Representative  Isaacson, explained                                                               
that  the  "52  days"  [in  Section 13]  refers  to  the  primary                                                               
election,  and judicial  candidates  appear only  on the  General                                                               
Election ballot;  judicial and  legislative candidates  will have                                                               
the same withdrawal deadline:  64 days.                                                                                         
                                                                                                                                
8:24:24 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI brought attention to Sections 20-23 of the                                                                         
sectional analysis, which read as follows [original punctuation                                                                 
provided]:                                                                                                                      
                                                                                                                                
     Section  20  -  Adds   a  new  subsection  amending  AS                                                                    
     15.58.030  to   require  the  lieutenant   governor  to                                                                    
     publish   an  electronic   election  pamphlet   on  the                                                                    
     division's   internet   website   before   each   state                                                                    
     election.  Photograph and  statement  are provided  and                                                                    
     paid for by candidate and  that the information must be                                                                    
     published  within   one  week   from  receipt   of  the                                                                    
     information.                                                                                                               
                                                                                                                                
     Section 21 - adds federal definitions of absentee                                                                          
     uniformed services voters and overseas voters.                                                                             
                                                                                                                                
     Section 22 - allows municipal clerks to serve as                                                                           
     absentee voting officials in municipalities where the                                                                      
     division does not have an absentee voting station.                                                                         
                                                                                                                                
     Section 23 - repeals provision for ballots postmarked                                                                      
     from overseas to be received 15 days following                                                                             
     election (all ballots would be received 10 days                                                                            
     following the election as provided in AS                                                                                   
     15.20.081(e)); repeals the allowance of an absentee                                                                        
     application from a uniformed services or overseas                                                                          
     voter to be extended for two general elections                                                                             
     (harmonize with federal law); repeal the requirement                                                                       
     to send special absentee ballots.                                                                                          
                                                                                                                                
8:25:32 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI,  in  response  to   a  series  of  questions  from                                                               
Representative Hughes,  said a person  age 18  or over who  is in                                                               
Alaska may  register to vote in  Alaska [at least] 30  days prior                                                               
to  an election.   She  said  she cannot  answer questions  about                                                               
residency  and  how  that  would  apply  to  the  Permanent  Fund                                                               
Dividend  (PFD).     She  clarified   that  under   the  proposed                                                               
legislation,  a person  under the  age of  18 who  was originally                                                               
domiciled in Alaska but turned  18 while living overseas would be                                                               
able to register to vote an Alaska ballot.                                                                                      
                                                                                                                                
8:29:05 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI, in  response  to  Chair Lynn,  said  a person  who                                                               
registers to  vote in Alaska  while living overseas  must provide                                                               
an out-of-state postmark.  Further,  he/she must provide proof of                                                               
ties to  Alaska, which  could include  the following:  a military                                                               
leave and earnings statement, a  residence address in Alaska, and                                                               
a  copy  of  property  tax   records.    The  person  gives  this                                                               
information to the division as  true and correct under penalty of                                                               
perjury.                                                                                                                        
                                                                                                                                
8:29:52 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER   asked  Ms.   Fenumiai  to   address  the                                                               
significance of the repeal of [AS 15.20.081(i)] in Section 23.                                                                  
                                                                                                                                
MS.   FENUMIAI   explained   that  currently   absentee   by-mail                                                               
applications by  military and  overseas voters  are good  for the                                                               
next two  General Elections, but  under HB 104 they  would expire                                                               
after one year.                                                                                                                 
                                                                                                                                
8:31:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTIS asked Ms.  Fenumiai to outline the timeline                                                               
of a ballot for a person voting absentee in Florida.                                                                            
                                                                                                                                
MS.  FENUMIAI  said the  person  would  most likely  receive  the                                                               
ballot about  three weeks  prior to the  election, would  have to                                                               
get it postmarked  by Election Day, and the ballot  would have to                                                               
be received  by the division no  more than 10 days  following the                                                               
election.   She said that  gives the  person about 30  days after                                                               
receipt of the ballot to get it back to the division.                                                                           
                                                                                                                                
REPRESENTATIVE  GATTIS offered  her understanding  that under  HB
104, the  voters overseas would  have 10 days after  the election                                                               
to return their ballots instead of  15 days, which would make the                                                               
time they are given equal to  the time a domestic voter currently                                                               
has.                                                                                                                            
                                                                                                                                
MS.  FENUMIAI confirmed  that  is correct  and  added that  those                                                               
nondomestic voters "are  also getting their ballot  about 22 days                                                               
before the domestic voters."                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTIS  said  Ms.   Fenumiai  had  addressed  her                                                               
question.                                                                                                                       
                                                                                                                                
8:33:10 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS, regarding  Sections  3  and 4  of                                                               
Version N,  asked how common  it is  for poll watchers  and state                                                               
ballot  counting review  board members  to be  registered out  of                                                               
state.                                                                                                                          
                                                                                                                                
8:33:42 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI  answered  that  poll  watchers  are  appointed  by                                                               
political  party; the  division  receives a  list  of those  poll                                                               
watchers  and  issues  a  badge  for each  to  wear.    She  said                                                               
campaigns can also appoint them.   She said currently there is no                                                               
provision that those  poll watchers must be  registered voters in                                                               
Alaska.   The state  review board members  are also  appointed by                                                               
political party,  so they have  to be registered with  the party,                                                               
and there  has never been  a member of the  board that was  not a                                                               
registered voter in Alaska.  She  added, "That's where we get our                                                               
names from."                                                                                                                    
                                                                                                                                
8:34:32 AM                                                                                                                    
                                                                                                                                
CHAIR  LYNN said  there was  concern raised  at the  last General                                                               
Election  about overseas  oversight of  elections.   He indicated                                                               
that  under Sections  3 and  4 of  Version N,  there would  be no                                                               
possibility of a noncitizen  influencing elections, because those                                                               
overseeing elections would  have to be registered  voters, and in                                                               
order to be a registered voter,  a person must be a U.S. citizen.                                                               
He  offered his  understanding  that "this  doesn't stop  anybody                                                               
from overseas or here from  observing the electing process as any                                                               
one of us might."                                                                                                               
                                                                                                                                
MS. FENUMIAI confirmed, "It does  not stop anybody from observing                                                               
an  election,  but  however  they would  not  have  poll  watcher                                                               
authority."    She explained  that  a  poll watcher  has  certain                                                               
authorizations, which  include standing by the  election workers,                                                               
hearing   the   names   of  voters,   and   challenging   voters'                                                               
qualifications.                                                                                                                 
                                                                                                                                
8:35:59 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI,  in  response  to  Representative  Kreiss-Tomkins,                                                               
reviewed  the changes  that would  be  made to  Section 11  under                                                               
Version N.                                                                                                                      
                                                                                                                                
8:36:31 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI,  in response  to  a  question from  Representative                                                               
Kreiss-Tomkins  regarding  Section  20,  said  currently  statute                                                               
requires a printed  version of a pamphlet for  a primary election                                                               
only when ballot measures appear  on the primary election ballot.                                                               
The  statute  further requires  the  division  to post  candidate                                                               
information on line.                                                                                                            
                                                                                                                                
CHAIR LYNN  said ideally the  primary election  information would                                                               
be published  the same as  the General Election  information, but                                                               
doing so would be too costly.   The best alternative is to direct                                                               
a voter to find the information on line.                                                                                        
                                                                                                                                
8:37:41 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI, in  response to  Representative  Hughes, said  the                                                               
division  posts a  full  electronic version  of  the pamphlet  on                                                               
line, but  there has been  no consideration of  discontinuing the                                                               
paper version,  because many people  still do not have  access to                                                               
the Internet.                                                                                                                   
                                                                                                                                
8:39:49 AM                                                                                                                    
                                                                                                                                
PADDY  McGUIRE,   Deputy  Director,  Federal   Voting  Assistance                                                               
Program,  U.S.  Department  of Defense  (DoD),  stated  that  the                                                               
Federal  Voting Assistance  Program is  the Pentagon  agency that                                                               
works to ensure military and  overseas voters have an opportunity                                                               
to successfully  cast a  ballot.  He  commended the  governor and                                                               
lieutenant  governor of  Alaska,  as well  as  Ms. Fenumiai,  for                                                               
their leadership in  this issue.  Mr. McGuire  opined that moving                                                               
the  primary earlier  would be  a significant  change that  would                                                               
support the efforts of the program  to ensure the ballots cast by                                                               
military and overseas  voters are counted.  He  offered to answer                                                               
questions from the committee.                                                                                                   
                                                                                                                                
CHAIR LYNN observed that having  a shorter election period before                                                               
the primary election may mean a less expensive campaign.                                                                        
                                                                                                                                
8:42:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ISAACSON asked  what the  benefit would  be to  a                                                               
service  member to  be able  to "request  an absentee  ballot all                                                               
year round  and then have  a greater period  of time in  which to                                                               
respond."  He continued:                                                                                                        
                                                                                                                                
     If it's good for  the service member, conceivably would                                                                    
     it  be good  for anyone  who  is a  ... civilian  voter                                                                    
     overseas?  We  have many civilians who  also follow our                                                                    
     troops; this would not apply  to them; and I'm thinking                                                                    
     contractors and so forth.                                                                                                  
                                                                                                                                
CHAIR LYNN,  regarding absentee rolls,  said there  are civilians                                                               
living  in  extremely remote  locations  who  apply for  absentee                                                               
ballots.                                                                                                                        
                                                                                                                                
REPRESENTATIVE  ISAACSON  said  he  would  like  Mr.  McGuire  to                                                               
clarify  the  benefit  to  the   military  member  and  tell  the                                                               
committee whether  he thinks the  benefit should be  applied more                                                               
broadly to civilians.                                                                                                           
                                                                                                                                
8:43:31 AM                                                                                                                    
                                                                                                                                
MR.  McGUIRE  responded  that his  office  produces  the  federal                                                               
postcard  application,  which  is  a national  form  that  allows                                                               
military and  overseas voters  to register to  vote.   He offered                                                               
his  understanding that  the proposed  legislation would  "change                                                               
the  applicability of  the federal  postcard  application to  one                                                               
calendar year  in Alaska."  He  said the message to  military and                                                               
overseas voters  to fill  out a  new form each  year is  sent out                                                               
world-wide every January and July;  therefore, changing to a one-                                                               
year  applicability for  that  form  would be  in  line with  the                                                               
information already  being sent out  to those voters.   He added,                                                               
"We think it makes sense."                                                                                                      
                                                                                                                                
REPRESENTATIVE  ISAACSON asked,  "Was my  question mistaken  that                                                               
the uniform  service voter and  the overseas voter both  have the                                                               
same provision with this?"                                                                                                      
                                                                                                                                
MS.  FENUMIAI answered  yes.   She  clarified,  "It is  uniformed                                                               
overseas officers and citizens who are living abroad."                                                                          
                                                                                                                                
REPRESENTATIVE  ISAACSON said,  "So, the  first part  is just  to                                                               
ensure, no matter where they are, they are able to vote."                                                                       
                                                                                                                                
MS. FENUMIAI responded yes.                                                                                                     
                                                                                                                                
REPRESENTATIVE ISAACSON said he likes that.                                                                                     
                                                                                                                                
8:45:48 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES asked if Mr.  McGuire is familiar with mail                                                               
delivery  time  overseas and  whether  he  thinks shortening  the                                                               
return time period to 10 days will be sufficient.                                                                               
                                                                                                                                
MR.  McGuire replied  that  for the  2012  General Election,  the                                                               
military postal  service agency  delivered military  ballots back                                                               
home via express mail service,  and the average delivery time was                                                               
5.5 days from  receipt to delivery in  the U.S.  He  said he does                                                               
not  think  the reduction  from  15  to  10  days will  make  any                                                               
difference.    In  response  to a  follow-up  question,  he  said                                                               
military voters  send mail home  via the postal  service, because                                                               
it is  free and fast.   Regarding those overseas, but  not in the                                                               
military, he  ventured there are  not many places on  earth where                                                               
there is  any sort of postal  system that cannot return  a ballot                                                               
in 45 days,  which is the amount  of time a person  could have if                                                               
they vote promptly.                                                                                                             
                                                                                                                                
8:49:25 AM                                                                                                                    
                                                                                                                                
MR.  McGUIRE, in  response  to questions  from  Chair Lynn,  said                                                               
spouses  of  overseas  military members  are  afforded  the  same                                                               
method of sending mail.  He  said there are military personnel in                                                               
some unique circumstances, such as  submariners who will go below                                                               
the surfaces  for extended periods  of time; however, he  said he                                                               
thinks those  people can  plan ahead and  work within  the 45-day                                                               
period to get their ballots mailed to the division on time.                                                                     
                                                                                                                                
8:51:40 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE HUGHES  said she has  son in the military  who has                                                               
been deployed  multiple times and  a son-in-law who  is currently                                                               
serving  in the  military  overseas.   She  stated concern  about                                                               
"those  votes being  counted"  and thanked  Mr.  McGuire for  his                                                               
reassurance.  She asked the division  to watch for votes that may                                                               
not  make it  in on  time because  of the  shortened time  period                                                               
under HB 104.                                                                                                                   
                                                                                                                                
8:52:24 AM                                                                                                                    
                                                                                                                                
MS. FENUMIAI,  in response to Representative  Gattis, stated that                                                               
for the  2004 General Election,  the division implemented  an on-                                                               
line  electronic ballot  delivery method  for voters.   She  said                                                               
receiving a  ballot via  facsimile ("fax")  was still  an option,                                                               
but the on-line delivery method was more highly requested.                                                                      
                                                                                                                                
8:53:36 AM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI, in  response to  Representative  Hughes, said  the                                                               
voter has  the option to  return his/her  ballot by one  of three                                                               
methods:  via a secure,  on-line ballot delivery system, which is                                                               
not via e-mail; via mail; or via fax.                                                                                           
                                                                                                                                
8:54:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KELLER thanked Ms.  Fenumiai for her contributions                                                               
to  the proposed  legislation  and for  her  presentation to  the                                                               
committee.                                                                                                                      
                                                                                                                                
8:54:43 AM                                                                                                                    
                                                                                                                                
CHAIR LYNN,  after ascertaining  that there was  no one  else who                                                               
wished to testify, closed public testimony.                                                                                     
                                                                                                                                
CHAIR  LYNN  announced  that  there being  no  objection  to  the                                                               
previous motion  to adopt the proposed  committee substitute (CS)                                                               
for  HB 104,  Version 28-GH1983\N,  Bullard, 2/15/13,  as a  work                                                               
draft, Version N was before the committee.                                                                                      
                                                                                                                                
8:55:24 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KELLER  moved to  report  CSHB  104, Version  28-                                                               
GH1983\N,  Bullard,  2/15/13  out of  committee  with  individual                                                               
recommendations and  the accompanying  zero fiscal notes.   There                                                               
being no  objection CSHB 104(STA)  was reported out of  the House                                                               
State Affairs Standing Committee.                                                                                               

Document Name Date/Time Subjects
1.a CSHB 10 Version N 2-15-2013.pdf HSTA 2/19/2013 8:00:00 AM
HB 10
01 CS for HB 104 Version N 2-15-2013.PDF HSTA 2/19/2013 8:00:00 AM
HB 104
02 HB0104A.pdf HSTA 2/19/2013 8:00:00 AM
HB 104
03 Gov Transmittal Letter HB 104.PDF HJUD 2/27/2013 1:00:00 PM
HSTA 2/19/2013 8:00:00 AM
HB 104
04 Fiscal Note - Elections HB 104.PDF HSTA 2/19/2013 8:00:00 AM
HB 104
05 Fiscal Note - Education HB 104.PDF HSTA 2/19/2013 8:00:00 AM
HB 104
06 HB 104 Sectional Analysis to Version N.pdf HSTA 2/19/2013 8:00:00 AM
HB 104
8 HB 10 Explanation of Changes A to N version.pdf HSTA 2/19/2013 8:00:00 AM
HB 10