Legislature(1995 - 1996)

04/11/1996 03:32 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
txt
                                                                               
            HB 211 VOTER REGISTRATION & ELECTIONS                            
                                                                               
 CHAIRMAN SHARP brought up HB 211 as the next order of business                
 before the Senate State Affairs Committee.  He called the sponsor's           
 representative to testify.                                                    
                                                                               
 PATTI SWENSEN, Aide to Representative Con Bunde, prime sponsor of             
 HB 211, stated HB 211 would do five things:                                   
                                                                               
 1) Require the names of inactive voters to be maintained on the               
 official voter registration list;                                             
                                                                               
 2) Authorizes the preparation and distribution of the voter                   
 registration list;                                                            
                                                                               
 3) Requires the Division of Elections to purge deceased voters                
 monthly, and convicted felons promptly;                                       
                                                                               
 4) Increase communications from the Division of Elections to                  
 absentee voters and to questioned ballot voters after the primary             
 regarding the status of their vote;                                           
 5) Prohibits the appointment of any state employees to the data               
 processing review board.                                                      
                                                                               
 Number 445                                                                    
                                                                               
 SENATOR LEMAN asked what type of information people who purchase              
 voter lists will receive.                                                     
                                                                               
 MS. SWENSEN responded they can receive active and inactive under HB
 211.                                                                          
                                                                               
 SENATOR DONLEY thinks one of the biggest problems relating to                 
 elections right now is allowing ballots that come in after the                
 election date to be counted.  He does not think that other states             
 allow ballots that arrive after the date of an election to be                 
 counted.                                                                      
                                                                               
 MS. SWENSEN stated she hasn't heard of a problem with that.                   
                                                                               
 Number 480                                                                    
                                                                               
 DIANE SHRINER, Division of Elections, stated the division supports            
 HB 211, with the exception of two sections.  She stated a letter              
 was submitted to the committee outlining the concerns of the                  
 Division of Elections.  The division has no problem with expanding            
 the voter registration lists available to candidates.  But in some            
 precincts, adding inactive voters to the official register                    
 available at the precincts could add as many as 2,000 voters.                 
 Until we bring the state law into compliance with the National                
 Voter Registration Act, we are not presently purging or clearing              
 any voters from the roles, and haven't done so in several years.              
 It's been approximately four years since any voters have been                 
 removed from the roles.  The division thinks it would be confusing            
 to never remove voters from the roles.  The Division of Elections             
 has just processed over 26,000 registrations through the permanent            
 fund dividend applications.  Approximately 13,000 of those did                
 contain address changes.                                                      
                                                                               
 Number 515                                                                    
                                                                               
 MS. SHRINER stated the other section the division is concerned with           
 is Section 9.  If we were to send a written summary of the reason             
 for the challenge of all partially counted ballots, which occurs              
 when someone votes outside their precinct or district, that could             
 be very discouraging.  The division does take Representative                  
 Bunde's concerns seriously.                                                   
                                                                               
 SENATOR LEMAN thinks that at any given time, the information on the           
 voter list for his district has a 20% inaccuracy rate.                        
                                                                               
 SENATOR DONLEY suggested limiting sending permanent fund dividends            
 to addresses where people were registered to vote; you would                  
 probably get really accurate information.                                     
                                                                               
 MS. SHRINER noted the Division of Elections thinks that it probably           
 has attracted a lot of people who think they aren't going to get              
 their permanent fund dividend if they don't update voter                      
 registration information.                                                     
                                                                               
 CHAIRMAN SHARP stated one of the most frustrating things for people           
 is having to vote a challenged ballot because they're not on the              
 voter registration lists.  He thinks it would be beneficial to have           
 an inactive list to accommodate a voter in that situation.                    
                                                                               
 Number 562                                                                    
                                                                               
 SENATOR DONLEY asked if the division has a position on modifying              
 the absentee voting process, as far as a cutoff date for counting             
 ballots.                                                                      
                                                                               
 MS. SHRINER responded the history of that is that Alaska is remote            
 and we have a great number of overseas voters and the mail is not             
 very reliable.  Part of the reason for extending the deadline for             
 receiving absentee ballots is to ensure that ballots mailed by the            
 deadline are actually received.  Ballots must be mailed by the date           
 of the election, but are counted if they are received within                  
 fifteen days after the election.                                              
                                                                               
 SENATOR DONLEY asked if the division has a position on whether they           
 like those rules or not.                                                      
                                                                               
 MS. SHRINER replied that has not been addressed this year.                    
                                                                               
 Number 585                                                                    
                                                                               
 SENATOR LEMAN asked if voters would be purged after two election              
 cycles or two years.                                                          
                                                                               
 MS. SHRINER responded that SB 182 and HB 349 would change that from           
 two years.  But two years is not in compliance with federal law,              
 and we are moving to comply by making it four calendar years, or              
 two general election cycles.                                                  
                                                                               
 TAPE 96-28, SIDE B                                                            
                                                                               
 MS. SHRINER stated people's names are not purged from voter                   
 registration lists after four years if they simply haven't voted,             
 but only if the division has had no contact at all with them in               
 four years.                                                                   
                                                                               
 Number 580                                                                    
                                                                               
 JED WHITTAKER stated he has a problem with Section 1 of HB 211.  He           
 thinks that most citizens like to complain about politicians, but             
 they don't accept responsibility for informing themselves.  He                
 doesn't think it's too much to ask that a citizen register to vote            
 and occasionally vote.  He thinks having inactivated voters on the            
 list could create the potential for fraud.  Mr. Whittaker also has            
 a problem with Section 10.  He thinks the language is broad.  The             
 Data Processing Review Board should have a representative from                
 every political party, not just two political parties.  He                    
 commended Representative Bunde for addressing the inadequacies in             
 Title 15.  He also suggested conducting elections by mail.  Mr.               
 Whittaker thinks ballots should be counted at the precinct and at             
 the computer tabulation level.                                                
                                                                               
 Number 530                                                                    
                                                                               
 MIKE O'CALLAGHAN stated there is a fundamental problem with                   
 elections in the State of Alaska.  The court recently declared that           
 the 1992 and 1994 primaries and subsequent elections were conducted           
 illegally.  According to information from Bob Motznik, Joe Swanson            
 allowed 1,543 people to vote illegally in the last election.  Those           
 names were purged from the voters roles as inactive.  State law               
 specifies that the Division of Elections purge inactive voters                
 after two years, and the division has no authority to do anything             
 other than what the law dictates.  The law also specifies that if             
 a person's name has been purged, they must re-register 30 days                
 prior to the next election in order to be eligible.  The director             
 allowed these votes to be cast as contested ballots, and they were            
 counted.  As we all know, Knowles won by 500 votes.  He has a                 
 problem with that.                                                            
                                                                               
 MR. O'CALLAGHAN stated it is important that with the National Voter           
 Registration Act there is no purging.  Under that law, no names can           
 be purged from any voter list.  He thinks that is a fundamental               
 violation of state's rights in conducting elections.  He encouraged           
 a more restrictive application, which is allowable under law.  He             
 thinks names should be purged from voter registration lists.                  
 Certainly they could be kept on a separate list.  Regarding Section           
 10, there were significant problems with the Data Processing Review           
 Board during the last election.  Three days prior to the election,            
 the top three people on the state-wide board were Division of                 
 Elections employees.  He sees a conflict of interest in having                
 division employees overseeing the data processing.  So he is glad             
 to see that a state employee may not serve on the board.  But he              
 was discouraged to see that none of the Data Processing Review                
 Boards across the state were constructed according to law.  The               
 boards don't have any information; the test decks that they run               
 through the systems are designed by the contractor.  He stated                
 there were significant problems with voter elections in the valley            
 [Matsu Valley].  When the test deck was run through the system                
 seven days before the election, they found an error: that error               
 would have allowed votes cast for one candidate to be counted for             
 another candidate.  Another problem in the valley was the computer            
 program was checked 24 hours before the election, and they said               
 there wasn't a problem.  However, during the counting of votes, a             
 problem was found.  He stated he knows of other problems, but they            
 pertain mostly to SB 182, so he will hold that testimony.  He                 
 thinks it's extremely important that the purging law be followed.             
                                                                               
                                                                               
 Number 465                                                                    
                                                                               
 SENATOR DONLEY asked if there is a court case or some other basis             
 for counting the votes of people who aren't properly registered to            
 vote.                                                                         
                                                                               
 KATHLEEN STRASBAUGH, Assistant Attorney General, Civil Division               
 (Juneau), Department of Law, replied she doesn't know to which                
 incident Mr. O'Callaghan is referring.  She assumes he was                    
 referring to challenged ballots that were counted with which he               
 disagreed.  The doctrine is that the voter receives the benefit of            
 the doubt, and the law is interpreted to allow a voter to cast                
 their ballot.                                                                 
                                                                               
 SENATOR DONLEY asked what the current policy of the division is               
 regarding purging.                                                            
                                                                               
 MS. STRASBAUGH responded there is a difference between "inactive"             
 and "purged".  If they're on the inactive list, they would be                 
 permitted to vote.  The inactive list is growing increasingly                 
 larger because of a problem with enforcing the current purge law.             
 It is not true that you cannot purge at all.  The federal act is              
 euphemistic in its' reference to purging, but there is a purging              
 process, it's just much more involved.                                        
                                                                               
 SENATOR DONLEY asked if a person is purged, then their vote isn't             
 counted, but if they're on the inactive list, then their vote is              
 counted.                                                                      
                                                                               
 MS. STRASBAUGH stated if they are in the right place and can show             
 their residency; it isn't just carte blanche.                                 
                                                                               
 Number 430                                                                    
                                                                               
 SENATOR RANDY PHILLIPS asked how people registered to vote in his             
 district could have residence addresses in Palmer, Wasilla, Nome,             
 and other areas outside his district.  He stated that about 10% of            
 the people registered to vote in his district actually reside                 
 outside the district.                                                         
                                                                               
 MS. SHRINER replied that the division is not even inactivating                
 anyone anymore.  They are not doing anything until they get some              
 clarification on the federal law.  The division supports having the           
 voter lists as clean and true as possible.                                    
                                                                               
 Number 390                                                                    
 BOB MOTZNIK, testifying from Anchorage, stated that the election in           
 1994 turned into a royal mess.  He repeated some of the problems              
 related to the committee in writing.  The Division of Elections               
 failed to change the voter registration of many voters who filed              
 changes long before the deadline for doing so.  The Data Processing           
 Review Board is an oversight board; it's purpose is to determine              
 whether the Division of Elections did their job correctly.  There             
 should not be any elections staff on that board.  It is his                   
 understanding that the test decks that were run were made by the              
 vendor.  In his experience, it is the Data Processing Review                  
 Board's job to test the program, which would mean they would make             
 the test decks to verify the accuracy, not the vendor.  A lot of              
 these problems were brought out in the court case against the                 
 governor's race.  The Attorney General just said, "Oh, everything's           
 okay."  Of course, he was defending the state, so he has to say               
 that everything is okay.  Mr. Motznik thinks that people who took             
 the time to vote should know if their ballots aren't counted.                 
                                                                               
 Number 330                                                                    
                                                                               
 SENATOR RANDY PHILLIPS made a motion to discharge HB 211 from the             
 Senate State Affairs Committee with individual recommendations.               
                                                                               
 CHAIRMAN SHARP, hearing no objection, stated HB 211 was discharged            
 from the Senate State Affairs Committee.                                      

Document Name Date/Time Subjects