Legislature(1997 - 1998)

04/08/1997 03:33 PM Senate STA

Audio Topic
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
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        CSHB 112(FIN) AMEND DEFINITION OF "POLITICAL PARTY"                    
                                                                               
 CHAIRMAN GREEN brought CSHB 112(FIN) before the committee as the              
 next order of business.                                                       
                                                                               
 REPRESENTATIVE AL VEZEY, prime sponsor of HB 112, said recognizing            
 that since 1970 the state of Alaska has not elected a governor by             
 a majority vote, he introduced the legislation as a means of                  
 modifying the state's election law in the smallest way possible               
 which might produce a result that might reduce the number of                  
 candidates that appear on the ballot and might increase Alaska's              
 chance of electing a governor by a majority vote.                             
                                                                               
 Representative Vezey said Alaska's election law is well established           
 and has withstood constitutional challenge, and the approach in HB
 112 is to not restrict or further restrict access to the ballot,              
 but to expand the means by which a group of people can organize and           
 get recognition as a political party.  It sets a standard that in             
 addition to qualifying for the ballot by getting 3 percent of the             
 vote, that if a party has registered voters equal to 3 percent of             
 the vote cast in the last gubernatorial election, which would be              
 6,500 registered voters under a party affiliation, it would qualify           
 a party for recognition as a political status.  He added that this            
 may or may not have any affect on the number of candidates that               
 appear on a ballot, but it might provide a major party an                     
 opportunity to maintain its party status and not run a candidate              
 when it isn't serious about winning an election.                              
                                                                               
 Number 140                                                                    
                                                                               
 SENATOR DUNCAN asked if under this new definition the Republican              
 Party, Democratic Party and the Alaska Independent Party could                
 retain party status without getting 3 percent of the vote in each             
 gubernatorial election year because of the number of registered               
 voters that they have.  REPRESENTATIVE VEZEY responded that it is             
 his understanding that if this bill becomes law, those  three                 
 parties would have the option of how they wanted to maintain their            
 political status.                                                             
                                                                               
 SENATOR DUNCAN asked if for any other party the only option would             
 be to have a gubernatorial candidate every four years and get at              
 least 3 percent of vote if they didn't have at least 10,000                   
 registered voters.  REPRESENTATIVE VEZEY answered that was not                
 correct.  Right now groups of people that want to qualify as a                
 party have to run a candidate and garner 3 percent of the vote.  If           
 this bill becomes law, an option would be that they could go out              
 and register voters equivalent to the same number.                            
                                                                               
 Number 180                                                                    
                                                                               
 SENATOR MACKIE observed that this change makes it easier for                  
 someone to get on a gubernatorial ballot.  REPRESENTATIVE VEZEY               
 agreed, and said this is expanding the options available.                     
                                                                               
 Number 200                                                                    
                                                                               
 JIM BALDWIN, Assistant Attorney General, Department of Law, stated            
 the legal issues brought up in this bill are substantial.  He said            
 he suspects that if it becomes law it will provoke a lawsuit by one           
 of the major minor parties because of the differential treatment.             
 The Green Party, for example, is a recognized political party, and            
 the way the 3 percent works, they would not get the same treatment            
 as the Alaska Independent Party.  They would not be able to sit out           
 the next gubernatorial election; they would have to run a candidate           
 in order to keep their recognized status in tact.                             
                                                                               
 He said in order to sustain a differential treatment, the state is            
 going to be held to a very high standard of showing a governmental            
 interest, and he doesn't think that there has been a sufficient               
 record developed in the hearings that he has attended thus far                
 before the Legislature to support that kind of a governmental                 
 interest.                                                                     
                                                                               
 Mr. Baldwin said the legislation appears to allow easier access to            
 the gubernatorial ballot, but its the manner in which the access is           
 granted that may raise some problems.  For example, he is counsel             
 to the state on a case currently pending in the U.S. Supreme Court            
 having to do with the open primary.  One of the issues raised is              
 does the state's open primary statute violate the freedom of                  
 association under the First Amendment of the U.S. Constitution for            
 particularly a political party that wants to close its primary.  He           
 noted the state has argued that political parties really don't mean           
 that much in Alaska because of the way our election laws are                  
 established, and he thinks that if this law were to be enacted, it            
 would further bolster the state's arguments because the ability to            
 become recognized as a political party would be lessened.                     
                                                                               
 Number 290                                                                    
                                                                               
 SENATOR MILLER commented that Mr. Baldwin had said that the only              
 option the Green Party would have was to run a candidate, but he              
 pointed out that they would have the second option of putting on a            
 massive registration drive and get the 3 percent.  MR. BALDWIN                
 agreed, but he added that he thinks that presents another problem.            
 By using that as a second prong of the test to become a major                 
 political party, what you are saying to the adherents of that                 
 political party is that the only way you are going to be recognized           
 as a party is for you to declare openly your affiliation.  He                 
 thinks that if members of a political party could in court allege             
 by doing that they are being laid open to threats or intimidation             
 or coercion, the state will not be able to sustain that kind of a             
 requirement either.                                                           
                                                                               
 Number 321                                                                    
                                                                               
 SENATOR MACKIE asked if the bill became law, an election was held,            
 and then there was a lawsuit and the state lost, does that mean the           
 whole election has to be voided.  MR. BALDWIN replied that it would           
 be highly unlikely there would be a situation where a election                
 would be invalidated.  The courts usually bend over backwards to              
 avoid that kind of result from happening, but it tends to lead to             
 a lot of uncertainty for the Division of Elections and a potential            
 for further problems with the electoral process.                              
                                                                               
 SENATOR MACKIE inquired if Mr. Baldwin sees a solution that would             
 satisfy his legal concerns with this legislation.  MR. BALDWIN                
 responded that there were some amendments that were proposed on the           
 House floor and in House Finance that would ameliorate a lot of               
 problems such as taking it down to 1 percent.  He also said the               
 state has taken the strong position that it favors the open                   
 primarily, and he thinks that what is done here as far as what                
 defines political party affects that case, and he suggested that              
 should be kept in mind.                                                       
                                                                               
 There being no further testimony on CSHB 112(FIN), CHAIRMAN GREEN             
 stated the bill would be set aside.                                           
 Number 069                                                                    
                                                                               
        CSHB 112(FIN) AMEND DEFINITION OF "POLITICAL PARTY"                    
                                                                               
 CHAIRMAN GREEN brought CSHB 112(FIN) back before the committee and            
 requested a motion on the legislation.                                        
                                                                               
 SENATOR MACKIE said he thinks the Department of Law has raised some           
 serious questions on this legislation that should be looked into by           
 the Attorney General.                                                         
                                                                               
 SENATOR MILLER said he understands Senator Mackie's concern;                  
 however, he does not believe the constitutional challenge is as               
 much a concern as Mr. Baldwin expressed it to be.  He said it is              
 still the 3 percent, and nothing in the bill limits the party from            
 going out and doing an active registration drive so that they don't           
 have to run a candidate, or, if they want to continue to run a                
 candidate, they can do so.                                                    
                                                                               
 SENATOR DUNCAN noted that the House Judiciary Committee had not               
 looked at this legislation, and he recommended that a Senate                  
 Judiciary Committee referral be considered in addition to the                 
 Senate Finance Committee.  SENATOR MILLER related that after the              
 bill was passed out of the Sate Affairs Committee, he would get               
 together with Senator Taylor to discuss referring it to the Senate            
 Judiciary Committee.                                                          
                                                                               
 Number 102                                                                    
                                                                               
 SENATOR MILLER moved CSHB 112(FIN) be passed out of committee with            
 individual recommendations.  SENATOR DUNCAN objected.  The roll was           
 taken with the following result:  Senators Mackie, Ward, Miller and           
 Green voted "Yea" and  Senator Duncan voted "Nay."  The Chairman              
 stated the motion to move CSHB 112(FIN) out of committee carried.             

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