Legislature(1997 - 1998)

04/18/1997 09:13 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
       HB 112  AMEND DEFINITION OF "POLITICAL PARTY"                           
                                                                               
       REPRESENTATIVE VEZEY  testified on behalf  of the bill.                 
       Testimony  was  heard  via  teleconference  from  DONNA                 
       GILBERT, ROYCE CHAPMAN,  MIKE PRAX, KEN  JACOBUS, DIANA                 
       BUFFINGTON  and  JAMES BALDWIN.    SENATOR  ADAMS MOVED                 
       Amendment #1.   COCHAIR SHARP  objected.  Amendment  #1                 
       FAILED  by a 1 to 5 vote.   SENATOR PHILLIPS MOVED CSHB
       112(FIN) from committee with individual recommendations                 
       and accompanying fiscal notes.  SENATOR ADAMS objected.                 
       The MOTION  CARRIED by a 5 to  1 vote and CSHB 112(FIN)                 
       was REPORTED OUT with a  previous zero fiscal note from                 
       the  Department of Revenue  and a fiscal  note from the                 
       Division of Elections (59.6).                                           
                                                                               
  HB 112  AMEND DEFINITION OF "POLITICAL PARTY"                                
                                                                               
  REPRESENTATIVE AL VEZEY testified on behalf of the bill.  He                 
  explained that  the bill addressed the fact  that since 1970                 
  the state had not elected a governor by majority vote.   The                 
  legislation  would encourage  that possibility  by providing                 
  additional means for a  group of political active  people to                 
  qualify as a  party.   It did not reduce anything in current                 
  statute but added to it as a supplemental  way to qualify by                 
  providing  that a party with  a certain number of registered                 
  voters would not  have to  run a candidate  but could  still                 
  maintain its party status.                                                   
                                                                               
  SENATOR  ADAMS asked about  the three percent qualification.                 
  REPRESENTATIVE  VEZEY  explained  that  a  party  must  have                 
  registered voters equal to  three percent of the  votes cast                 
  for governor in  the preceding election.   In response to  a                 
  question   from   SENATOR  PHILLIPS,   REPRESENTATIVE  VEZEY                 
  explained that current  law requires  a party had  to run  a                 
  candidate and the candidate had  to receive three percent of                 
  the  vote.  HB  112 would change  it so that  it would allow                 
  party status to vest based on registered voters.                             
                                                                               
  The following testimony was heard via teleconference:                        
                                                                               
  Fairbanks:                                                                   
  DONNA GILBERT  testified  in  support  of  the  bill.    She                 
  believed it was  important, noting  that governors had  been                 
  elected with as  little as 38.9  percent of the vote,  which                 
  didn't  allow  for  the  majority to  be  represented.   She                 
  supported giving political parties a choice as to whether or                 
  not they wanted to run a  candidate in a statewide election.                 
  She described the services provided by political parties and                 
  described the effect of the bill.                                            
                                                                               
  ROYCE CHAPMAN spoke  in support of HB  112.  He believed  it                 
  would go a long way in helping every Alaskan to take part in                 
  the political process.   He did  not believe it would  limit                 
  new  or  small  parties.   They  would  not  be required  to                 
  concentrate on raising large sums of money just to be listed                 
  on the ballot of a statewide race.                                           
                                                                               
  MIKE  PRAX  also supported  the  legislation.   It  not only                 
  offered the  opportunity to have  the governor elected  by a                 
  majority,  it  also  gave  other  philosophical  groups  the                 
                                                                               
                                                                               
  opportunity to be  recognized as a political party.  Smaller                 
  parties provided a valuable service.                                         
                                                                               
  Anchorage:                                                                   
  KEN JACOBUS testified in favor of HB 112 for reasons already                 
  stated by others  testifying.  It made  ballot access easier                 
  which was important  to encourage  people to participate  in                 
  politics.  Parties  should not be  forced to spend a  lot of                 
  money on a race  they cannot win in order  to maintain their                 
  party status.                                                                
  Kodiak:                                                                      
  DIANA   BUFFINGTON,   District   Chair,  Republican   Party,                 
  supported  HB 112.   She stated  it allowed  minor political                 
  parties to become  known and get their views  out.  It would                 
  make it easier to get into the political process.  She urged                 
  the committee's support.                                                     
                                                                               
  SENATOR ADAMS  asked  to hear  from  the Department  of  Law                 
  concerning  the  legislation.   He  noted that  he  would be                 
  offering  an amendment to page 1, lines 10 and 12 that would                 
  delete "preceding" and  provide an effective date  following                 
  the 1998 election.  His reasoning was related to fairness to                 
  other organizations with regard to changing the law.                         
                                                                               
  JAMES  BALDWIN,  Assistant Attorney  General,  Department of                 
  Law, opposed the  legislation.  He  stated that there was  a                 
  matter  that  involved  the  First  Amendment  of  the  U.S.                 
  Constitution,  that  being  ballot  access  and  freedom  of                 
  political association.  Courts require that the state show a                 
  compelling governmental  interest  in support  of a  statute                 
  that  would  affect  ballot  access.    If  there  were some                 
  disparate effect on political parties,  there should be some                 
  showing that this was the  least restrictive means available                 
  to  establish  a goal.    He  stated there  was  a disparate                 
  treatment of now  recognized political parties in  the state                 
  because  of the  way the  numbers  break out  for registered                 
  party members.   The AIP's could  sit out the next  election                 
  while the Greens, if they could not muster additional voters                 
  to register their affiliation  would not be able to  sit out                 
  to retain their recognized party status.  If the goal was to                 
  provide easier  ballot access, it  seemed to be  at variance                 
  with the goal of  majority vote, because it would  mean they                 
  would not have  a candidate on the ballot.  The rationale of                 
  easier ballot access did not seem to hold up and he believed                 
  there was some other purpose for the legislation.                            
                                                                               
  MR. BALDWIN continued  by stating  that if the  idea was  to                 
  allow  new  political  parties  to  form, there  were  other                 
  impediments  that  needed consideration.    Campaign finance                 
  laws  enacted  last  year  had  a  different  definition  of                 
  political party.  It had  to meet the three percent rule  or                 
  be recognized in the  last five general elections.   A newly                 
  registered party  would not be  able to qualify  under those                 
  laws.   He believed the legislation had "lawsuit written all                 
                                                                               
                                                                               
  over it."   He respected the  sponsor's position but  stated                 
  there needs  to be a  much better case presented.   He spoke                 
  briefly of other alternatives available.                                     
                                                                               
  In response  to a question  from COCHAIR SHARP,  MR. BALDWIN                 
  stated it was much more difficult  to get people to register                 
  political  affiliation  than  to  get  them  to  vote  on  a                 
  confidential ballot.                                                         
                                                                               
  SENATOR  DONLEY asked if there  had been any written opinion                 
  from   the   attorney   general's   office   regarding   the                 
  constitutionality  of last  year's  campaign finance  reform                 
  act.   MR. BALDWIN clarified that  there was not an issue of                 
  constitutionality,  but  a  difference  in definition.    He                 
  restated the qualification for a  political party under that                 
  act.  Brief discussion ensued concerning constitutionality.                  
                                                                               
  SENATOR ADAMS MOVED  Amendment #1.  COCHAIR  SHARP objected.                 
  SENATOR  ADAMS reiterated  his position  that the  amendment                 
  provided  an opportunity  for political associations  to put                 
  their  parties  forward to  give the  people  a choice.   He                 
  believed it was  an equal and  fair consideration for  other                 
  political  groups,   pointing  out   the  legislation   only                 
  benefited one group.                                                         
                                                                               
  A roll  call vote was taken on the MOTION to adopt Amendment                 
  IN FAVOR: Adams                                                              
  OPPOSED: Phillips, Donley, Torgerson, Parnell, Sharp                         
  Amendment #1 FAILED by a 1 to 5 vote.                                        
                                                                               
  General  discussion followed  regarding  the bill.   SENATOR                 
  DONLEY and COCHAIR  SHARP spoke in support.   REPRESENTATIVE                 
  VEZEY  noted  a copy  of  a  letter from  Richard  Winger in                 
  members' files that pointed out that the U.S.  Supreme Court                 
  that upheld a  Louisiana law that  required a party to  have                 
  five percent of registered voters or receive five percent of                 
  the vote in  an election.  He  stated HB 112 was  well under                 
  that threshold.                                                              
                                                                               
  SENATOR ADAMS commented that the bill created limitations on                 
  the rights of political associations.  He stated that in the                 
  next election the AIP  would sit out the election  while the                 
  Green  Party  would  have to  put  forth  a  candidate.   He                 
  believed  it  was  politically  motivated  and  opposed  the                 
  underlying tone of the legislation.                                          
                                                                               
  SENATOR PHILLIPS  MOVED CSHB  112(FIN)  from committee  with                 
  individual  recommendations  and accompanying  fiscal notes.                 
  SENATOR ADAMS objected.                                                      
                                                                               
  A roll call vote was taken on the MOTION.                                    
  IN FAVOR: Donley, Torgerson, Parnell, Phillips, Sharp                        
  OPPOSED: Adams                                                               
                                                                               
                                                                               
  The MOTION CARRIED  by a 5 to  1 vote and CSHB  112(FIN) was                 
  REPORTED  OUT with  a  previous zero  fiscal  note from  the                 
  Department of Revenue and a fiscal note from the Division of                 
  Elections (59.6).                                                            

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