Legislature(2011 - 2012)BELTZ 105 (TSBldg)
02/16/2011 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB58 | |
| SB72 | |
| SB11 | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 58 | TELECONFERENCED | |
| += | SB 72 | TELECONFERENCED | |
| *+ | SB 11 | TELECONFERENCED | |
| + | SB 39 | TELECONFERENCED | |
| + | TELECONFERENCED |
SB 39-U.S. PRESIDENTIAL ELECTION COMPACT
2:47:43 PM
CHAIR FRENCH announced the consideration of SB 39 and stated
that public testimony would be taken during a subsequent
hearing.
He read the sponsor statement into the record as follows:
If there is one bedrock rule in elections it is this:
the person with the most votes is the winner. This
legislation would guarantee the Presidency to the
candidate who receives the most votes in the United
States.
The concept of 'the person with the most votes wins'
is simple, but it hasn't always worked out that way in
our Presidential elections.
In 1876 Samuel Tilden received 254,000 more votes that
Rutherford Hayes; however, Hayes won the Electoral
College tally by one vote by having won a number of
states by very small margins. In 1888 Grover Cleveland
led in the popular vote over Benjamin Harrison, 48.6
percent to 47.8 percent, but Harrison won the
Electoral College by a 233-168 margin, largely by
virtue of his 1 percent win in Cleveland's home state
of New York. In 2000 Al Gore won the popular vote by
just over 500,000 votes but lost in the Electoral
College to George Bush 266-271. In 2004 a shift of
only 60,000 votes in Ohio from George Bush to John
Kerry would have resulted in Kerry winning the
Electoral College despite losing the popular vote by
over 3 million votes.
SB 39 corrects this defect in our Presidential
elections not by doing away with the Electoral College
but by modifying how each state's electoral votes are
cast. Currently the state's Electoral College votes
are cast 100% in favor of the popular vote winner in
the state. The bill would have Alaska join a compact
made up of states that have pledged to cast their
electoral votes in favor of the national popular vote
winner. The compact would not go into effect until
enough states have joined to put a majority of the
Electoral College votes in the compact.
The choice of how to allocate our vote within the
Electoral College was given to us by Article II,
Section I of the US Constitution. The founding fathers
of our country left the decision on how to select
electors up to each individual state legislature. The
US Supreme Court has written that "the appointment and
mode of appointment of electors belong exclusively to
the states under the constitution of the United
States." McPherson v. Blacker, 146 U.S. 1 at 29
(1892).
Many believe that the current system causes candidates
to focus on swing states, and swing state issues,
instead of approaching the country as a whole. It is
beyond dispute that under the current system
candidates spend their campaign funds on just a few
states. Here's an example of how this plays out in
Alaska. During the final 40 days of the 2008 election,
99% of all media expenditures were made in 17 states.
Alaska, needless to say, was not one of them.
In a close presidential election that decides our
country's future, all states should be swing states.
Every vote should count, and should be sought by every
candidate. This bill will promote truly national
presidential campaigns, and it will ensure that the
person sent to occupy the most powerful office in the
world is the one who got the most votes in the
election.
2:51:15 PM
CHAIR FRENCH said he was surprised to learn that the method of
awarding electoral votes has changed substantially over the
years. In 1789 when George Washington was elected, only a few of
the Electoral College electors were selected by election; most
were assigned by the state legislators. The U.S. Constitution
specifically identifies state legislators as the sole arbiters
of how electoral votes are awarded.
SB 39 is about ensuring that the Electoral College awards the
presidency to the person who got the most votes. Absent some
action by Congress to undo the Electoral College, this is a way
to achieve that goal.
2:52:58 PM
ANDY MODEROW, staff to Senator French, said SB 39 adds new
sections to AS 15.30, which pertains to national elections in
the state. He provided the following sectional analysis:
Section 1 - page 1, lines 9-13, outline that Alaska joins in
this compact with the other states that enact it.
Article I of the compact outlines that any state and the
District of Colombia may join in the compact.
Article II of the compact requires that member states conduct a
statewide popular election for president and vice president.
Article III of the compact discusses how presidential electors
are selected.
- Page 2, lines 9-14, require member states to count state
votes, and calculate a national popular vote total for each
presidential slate.
- Page 2, lines 15-16, require the state election official to
designate the national popular vote winner. In Alaska this is
the director of the Division of Elections.
- Page 2, lines 17-19, require the presidential elector
certifying official in Alaska to certify the appointment of the
winning candidate's elector slate.
- Page 2, lines 20-24, require that member states communicate
state vote totals at least six days before presidential electors
meet and cast votes. This is a federal law reiterated in the
compact.
- Page 2, lines 25-28, require each member state to treat as
conclusive an official statement containing the number of
popular votes in a state for each presidential slate, on the day
currently required by law for states to make that final
determination. This is a federal law reiterated in the compact.
- Page 2, line 29, through page 3, line 1, makes it clear that,
in case of a national popular vote tie, states are to cast their
electoral votes as determined by state vote totals.
- Page 3, lines 2-7, outline procedures in case the number of
presidential electors nominated in a member state does not equal
the number of electoral votes the state is entitled to.
- Page 3, lines 8-9, require public disclosure of vote totals as
they are determined or obtained.
- Page 3, lines 10-12, require that this compact govern the
appointment of presidential electors if it is active on July 20
of a presidential election year.
2:56:06 PM
Article IV of the compact contains other provisions.
- Page 3, lines 14-16, set when this compact becomes active.
When a majority of Electoral College votes are governed by this
compact, it takes effect.
- Page 3, lines 17-20, allow that any state may withdraw from
this compact, but not during the final six months of a
president's term. This July 20 through January 20 blackout is to
provide for set election procedures going into the election
season.
- Page 3, lines 21-24, require that member states notify other
member states when the compact is enacted, or withdrawn.
- Page 3, line 25, terminates this compact if the Electoral
College is abolished.
- Page 3, lines 26-27, provide for severability of each
component of this Act.
Article V provides definitions. To highlight a few:
- (A) on page 3, lines 29-31, clarify who the chief election
official is in each state. In Alaska, it is the director of the
Division of Elections.
- (E) on page 4, lines 8-10, discuss who certifies the
appointment of presidential electors. In Alaska, under current
statute AS 15.30.060, this is the director of the Division of
Elections.
- Page 4, lines 22-24, declare that the Alaska director of the
Division of Elections is the chief election official described
by the compact.
Section 2 - page 4, lines 25-29, adjust AS 15.30.060 (which
relates to notification of electors) to adapt when the compact
is activated.
Section 3 - page 4, lines 30-31, through page 5, lines 1-9, add
a new subsection to AS 15.30.060. It requires notification of
electors as outlined by the compact, and not as outlined by
current law.
Section 4 - page 5, lines 11-19, adjust AS 15.30.090, which is
the current Duties of Electors statute, to adapt when the
compact is activated.
Section 5 - page 5, lines 20-31, through page 6, line 1, adds a
new subsection to the current duties of elector statute. It
clarifies that elector duties are outlined by the compact, not
current statutes.
MR. MODEROW offered to answer questions.
2:58:32 PM
CHAIR FRENCH asked the committee to hold their questions until
the next hearing on SB 39.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 11 Sponsor Statement.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 11 |
| SB 11 Support Material.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 11 |
| SB 11 Sectional Summary 27-LS0087A.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 11 |
| SB 11 Letters.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 11 |
| SB 39 Sponsor Statement.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 39 |
| SB 39 Sectional.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 39 |
| SB 39 One Page Summary.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 39 |
| SB 39 Editorials.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 39 |
| SB 39 Alaska Poll Results.pdf |
SJUD 2/16/2011 1:30:00 PM |
SB 39 |