Legislature(2003 - 2004)
04/09/2003 01:30 PM Senate JUD
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* first hearing in first committee of referral
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= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HB 46-PRIMARY ELECTION BALLOTS
CHAIR SEEKINS announced HB 46 to be up for consideration.
REPRESENTATIVE MIKE HAWKER, sponsor of HB 46, explained that an
item that was at issue during his door-to-door campaign was
concern about the changes that were made during last session to
our primary balloting process. One has to choose a political
party ballot in order to vote in that primary election. The
concern that was expressed most often was that people did not
want to choose a party ballot, but there were initiatives on the
ballot that people wanted to vote on. They were very concerned
that they were being cornered into having to capriciously
declare a preference in order to vote on an issue. He came up
with an issues-only ballot for Alaska's voters to choose.
Another element this bill responds to is folks who have a
religious conviction and cannot declare a party affiliation. One
thing this bill does not do is prejudice any other opinions a
legislator might have regarding our balloting process or the
initiative process. The bill has a zero fiscal note. The
American Civil Liberties Union and the Republican Party of
Alaska both testified in favor of this bill.
2:15 p.m.
SENATOR THERRIAULT asked if he explained to his constituents
that requesting a particular party ballot is different than
declaring affiliation with a party.
REPRESENTATIVE HAWKER replied that he had had some very
interesting discussions and was told that it preserves a
person's privacy in not having to make any expression in order
to participate in the balloting process. He felt it was
incumbent upon them to make the balloting process as open as
possible to people of all beliefs.
SENATOR THERRIAULT asked if he considered just not allowing any
initiatives on a primary ballot.
REPRESENTATIVE HAWKER replied that he had considered that, but
he found a diversity of opinions on that subject and felt that
that would create more controversy and would detract from the
simple mission of his bill.
SENATOR OGAN said he didn't think they needed another ballot
printed, but initiatives should be on a general election ballot
only.
Supporting this bill does not - it is not my intention
that it in any way - causes you to prejudice any
opinions you may hold on that subject in particular,
whether we do or do not have referendum measures,
ballot issues, appearing on a primary ballot. I would
personally be very receptive to discussing with you
that issue as a separate piece of legislation, sir.
TAPE 03-20, SIDE B
SENATOR THERRIAULT asked about an initiative only ballot in a
general election.
REPRESENTATIVE HAWKER replied he doesn't envision this as making
any changes to the general election balloting.
CHAIR SEEKINS asked if the Division of Elections had an opinion.
MS. BREEZE said they had no policy position on this issue, but
they would be able to implement the bill's language.
CHAIR SEEKINS said one suggestion was to have an additional
ballot in the primary and another to limit these issues to the
general election. He asked which would be easier.
MS. BREEZE replied that is a policy call.
CHAIR SEEKINS asked if either one of them would be cheaper than
the other.
MS. BREEZE replied that she didn't know what the costs would be
at this time.
SENATOR ELLIS told Representative Hawker that he appreciated his
bringing up the issue and that he heard the same concerns. There
were a lot of upset people, especially in the religious
community. He said that this issue was raised by the minority
and brushed aside during debate on the closed Republican
primary.
REPRESENTATIVE HAWKER appreciated his observations, but it is
his true desire to have this legislation stand on its own merits
and not in light of any other contentious issues that may have
happened in previous sessions.
SENATOR ELLIS said he understands Representative Hawker's point,
but they can't divorce themselves from history. Some of the same
members here were there then and:
It's undeniable that we are here at this point with
your bill because of what happened previously with
closing the primary - beyond what the court required,
in my opinion. So here we are. I'm just saying you've
got to convince people who didn't care about this
concern, the religious folks and the folks who didn't
want to declare - you've got to convince those and
many of those same folks are still here. They're going
to vote on your bill, I hope, in the affirmative, but
you've got to change their minds that you're
representing the legitimate interests...I wish you
luck.
SENATOR THERRIAULT asked Ms. Breeze how many times in the last
20 years initiatives have shown up on primary ballots.
MS. BREEZE replied hardly at all. "This last one was the first
time it's happened since I've been with the division, which is
about seven years."
SENATOR OGAN said he thought this was bad policy and asked if
the statutes were clear on what election an issue can show up on
or do they specifically have to ban it.
MS. BREEZE responded that it is a matter of timing. If a
petition is submitted the day the Legislature convenes, it will
appear on the general election ballot. If it appears at another
time, because of timing, it could appear on the primary election
ballot and that's what happened this time. Most people that
submit petitions would prefer to have them on the general
election ballot because voter turn out is larger. That didn't
happen with this particular initiative. She said that the
division was bombarded with questions from people who didn't
have the chance to vote on a separate ballot because more than
half of the state's voters are not registered with a party.
SENATOR THERRIAULT asked what the division's official response
was.
MS. BREEZE replied the people were told they would have to
choose a ballot; that was the law and the division was following
it.
SENATOR THERRIAULT asked if she clarified that they didn't have
to vote for the party candidate.
MS. BREEZE said yes.
SENATOR OGAN said that having to select a ballot is an issue
that is ripe for litigation, based on having to be a member of
the party to vote. He understands Senator Therriault's point,
but he didn't think the average public is that sophisticated.
People want to vote on issues and he thought that there might be
a little of denying people's perceived right to vote on
something, because they have to pick a party ballot to vote on
an initiative that's on the primary.
MS. BREEZE said that it was not appropriate for her to share her
thoughts and didn't want her answers to be misleading. She
reiterated that they got a lot of phone calls and people asked
if they had to vote a certain way.
SENATOR THERRIAULT said he didn't think there was a
constitutional problem, because they didn't bar access to the
ballot by having voters select a party.
CHAIR SEEKINS noted there were no further comments and said that
they would hold the bill.
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