Legislature(1997 - 1998)

03/12/1998 09:10 AM Senate FIN

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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SENATE BILL NO. 185                                                            
"An Act relating to the maintenance of voter lists and                         
to the inactivation and cancellation of voter                                  
registration; and providing for an effective date."                            
                                                                               
                                                                               
GAIL FENUMIAI, Election Program Specialist for the Division                    
of Elections, was invited to testify before the committee                      
concerning this legislation.                                                   
                                                                               
Ms. FENUMIAI addressed the intent of this bill, which is to                    
attempt to bring Alaska State law into compliance with the                     
National Voter Registration Act in the area of list                            
maintenance.  The NVRA was passed in 1993 and since that                       
time the state has not been able to purge names from the                       
voter list.  In 1996 an attempt was made to change the state                   
law and bring it into compliance, but the legislation did                      
not meet the standards imposed by the US Department of                         
Justice.  Compliance is necessary to avoid a threatened                        
lawsuit authorized by the federal government in 1997.  A                       
draft of the current bill has been sent to the Department of                   
Justice in hopes they would drop their lawsuit.  An informal                   
agreement was received saying that if this legislation                         
passed, they would drop their lawsuit.                                         
                                                                               
Ms. FENUMIAI described the process in which non-active                         
voters would be notified of their possible elimination from                    
the voting rolls.  The first step would entail sending                         
address verification cards to all registered voters - both                     
active and inactive.  Then in subsequent years, notices                        
would be sent to voters who have had no contact with the                       
Division of Elections.  She listed the benefits of including                   
everybody in the initial mail-out: one, the list has not                       
been purged since 1993 and two, the Department of Justice is                   
offended by targeted mailings.  In addition, implementation                    
of this law will save the state money in the long run.                         
Candidates and legislators will also realize cost savings                      
when doing mass mailings.                                                      
                                                                               
Voter turnout numbers would also be affected by passage of                     
this bill, bringing numbers into a realistic perspective.                      
According to the Department of Labor, Ms. FENUMIAI quoted,                     
Alaska's voting age population is about 418,000.  Currently,                   
there are about 440,000 registered voters on the rolls.                        
                                                                               
Senator Phillips inquired as to whom would be mailed a                         
notice advising of deletion from the registered voter list.                    
Ms. FENUMIAI explained that notices would be mailed to                         
registered voters who had not made any actions to signify                      
intent to remain an active registered voter in Alaska. This                    
is defined as those who had not voted in the past two years;                   
or had not signed a petition; or had no contact with the DOE                   
either by making a change of address, inquiry of polling                       
place or other state business.                                                 
                                                                               
Senator Adams wanted assurance that passage of this                            
legislation would guarantee there would be no lawsuit on the                   
matter.  Senator Donley pointed out that the filing, or not                    
filing of lawsuits can not be guaranteed because anyone is                     
able to file a lawsuit if they desire.  Ms. FENUMIAI asked                     
that the Department of Law representative be allowed to                        
speak to this issue.                                                           
                                                                               
KATHLEEN STRASBAUGH, DOL was asked to join the committee.                      
She shared her communications with the Department of Justice                   
and told the committee that to her understanding, upon                         
passage of this legislation, the DOJ would withdraw the                        
pending lawsuit.  She admitted that she has been unable to                     
get them to put it in writing.  However, she said they have                    
a two-year backlog, which may be the cause of the delay.                       
She urged the committee against making any changed to the                      
bill saying that while she understands the concerns                            
regarding the costs involved with mailing notices to every                     
registered voter, it is a necessary expenditure to comply                      
with the DOJ's standards.                                                      
                                                                               
Senator Torgerson had questions about the fiscal note.  He                     
wondered why the postage costs were so high and if the                         
mailing could be piggybacked onto another State mail-out.                      
He gave the annual Permanent Fund Dividend application mail-                   
out as an example.  Ms. FENUMIAI explained that the mailing                    
is specific to registered voters and informed the committee                    
that a notice must be mailed to each voter.  Other mail-                       
outs, such as the PFD, are sent to every household, which                      
may include more than one registered voter.  She also talked                   
about a DOJ stipulation that requires the Division of                          
Elections to pay both the outgoing and the return postage.                     
                                                                               
Senator Torgerson asked why the fiscal note asked for                          
funding in years preceding FY99.  Ms. Funumani cited the                       
need for the voter registration list to be continually                         
updated.  She pointed out how the costs would significantly                    
drop after the first year.                                                     
                                                                               
There was further discussion about the schematics involved                     
in notifying in-active voters and the purging process.  Ms.                    
Funumani detailed the steps the division would be taking to                    
send a notice to those registered voters who had not voted                     
in the last two general elections.  This mail-out would be                     
sent via non-forward-able mail.  If the notice is returned                     
showing a forwarding address, a second notice will be sent,                    
this time by forward-able mail to that address.  Any notices                   
returned after the second mailing will be considered for                       
deletion from the voter list.                                                  
                                                                               
Senator Phillips wondered how Alaska stacked up to other                       
states in its transient nature.  Ms. Funumani replied that                     
she didn't have data from other states for comparison                          
purposes, but she did note a high occurrence of first-issue                    
voter registration cards coming back to her office marked                      
"undeliverable".                                                               
                                                                               
Senator Adams asked to have SB 185 moved out of committee                      
with accompanying fiscal note.  There was no objection to                      
this and Co-Chair Sharp so ordered.                                            
                                                                               

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