Legislature(2003 - 2004)
03/18/2003 03:31 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
HB 46-PRIMARY ELECTION BALLOTS
REPRESENTATIVE MIKE HAWKER, prime sponsor, explained he became
aware of the need for this legislation while campaigning in
Eagle River. A number of people were concerned with the change
in election laws relating to the primary elections. The concern
stemmed from the requirement that voters had to declare some
political party affiliation to access any of the ballots. HB 46
is carefully crafted to stay clear of any issues surrounding the
initiative process or the overall theory behind the primary
election process. It simply provides that, in addition to party
ballots, a ballot would be available that would present only the
propositions and/or ballot initiatives being voted on in that
primary election. The ballot would be available to any qualified
voter that chose that ballot rather than having to declare any
party affiliation.
The ballot would be a "no party" ballot which is not to be
confused with a non-partisan or undeclared voter designation.
There are voters with certain religious affiliations who have a
proscription against partisan participation, but want to
participate "in the advisory capacity as voters in this state."
He said HB 46 is "a fix to a small area that I believe was
overlooked in last year's election statutes." Certainly, no one
voting favorably on this legislation would prejudice his or her
own opinions on any of the larger issues related to the
initiative and/or primary process in the State of Alaska. HB 46
very simply enfranchises the voters who were disenfranchised in
the last election.
SIDE B
4:20 pm
CHAIR GARY STEVENS recapped HB 46 as legislation that would give
voters who did not want to participate in partisan politics an
opportunity to vote.
REPRESENTATIVE HAWKER replied that is the full intent of the
bill.
SENATOR GRETCHEN GUESS said, "Anyone regardless of party can
choose the ballot."
REPRESENTATIVE HAWKER advised the technical structure of the
bill provides that the Division of Elections shall prepare a
ballot that only offers propositions. AS 15.25.060(b) reads, "A
voter may vote only one primary election ballot." which
encompasses all the available ballots. It then defines political
party ballots.
SENATOR GUESS asked if it would be a no party name ballot or an
initiative only ballot.
REPRESENTATIVE HAWKER repeated it is a ballot for initiatives
and propositions only. Voters selecting this ballot would not
have the opportunity to vote for people.
SENATOR GUESS recommended he change his description from "no
party" to "proposition only" because so many people associate no
party with non-partisan.
With regard to the fiscal note, she asked if it was his intent
that the cost of this bill would be absorbed into the cost of a
primary election.
REPRESENTATIVE HAWKER explained he gave considerable attention
to the statute regarding the preparation of a fiscal note before
concluding that this was a zero fiscal note. That particular
statute provides that the fiscal note is to present additional
appropriation that may be necessary to implement the bill. The
Division of Elections enters a budget cycle knowing there is an
election coming, but they never know definitively how many
ballots they will need to print. The division believes that this
bill, in and of itself, would have no impact on their decision
regarding how much to budget for printing costs. Of course there
would be costs associated with printing the ballot, but those
costs could be accommodated within the division's current year
budget and future printing costs would not require them to
accommodate an increment for HB 46.
SENATOR HOFFMAN asked if there would be six or seven ballot
choices with passage of this bill.
REPRESENTATIVE HAWKER wasn't sure how many ballots were
authorized, but this would be a ballot in addition to all the
party ballots.
SENATOR HOFFMAN remarked the additional option makes it a bit
more complicated but less controversial.
REPRESENTATIVE HAWKER agreed; any time an additional decision
must be made it complicates matters a bit, but this would be an
improvement because it would make it possible for more people to
vote. He added the record shows they have strong support from
the American Civil Liberties Union, political parties, and the
Division of Elections.
SENATOR GUESS noted the letter from Randy Ruedrich and remarked
she was unclear whether he was extending his support of HB 46 as
Commissioner on the Alaska Oil and Gas Conservation Commission
or as State Chairman of the Republican Party of Alaska.
There were no further questions asked of Representative Hawker.
CHAIR GARY STEVENS asked Ms. Breeze whether the division was
comfortable accepting the additional responsibility associated
with passage of the legislation.
MS. BREEZE stated the division had no trouble with the six
ballot primary last year and they anticipated no difficulty
adding an additional ballot.
CHAIR GARY STEVENS asked how many ballots they anticipate this
next year.
MS. BREEZE informed him there are four ballots currently, but it
is unclear what the total would be.
There were no further questions asked of Ms. Breeze.
CHAIR GARY STEVENS asked for a motion to move the bill.
SENATOR COWDERY made a motion and asked for unanimous consent to
move CSHB 46 and zero fiscal note from committee with individual
recommendations. There being no objection, it was so ordered.
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