Legislature(2011 - 2012)BUTROVICH 205
02/01/2011 09:00 AM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| SB39 | |
| SJR4 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 39 | TELECONFERENCED | |
| *+ | SJR 4 | TELECONFERENCED | |
SB 39-U.S. PRESIDENTIAL ELECTION COMPACT
CHAIR WIELECHOWSKI announced SB 39 to be the first order of
business to come before the committee.
SENATOR HOLLIS FRENCH, sponsor of SB 39, explained that this
bill was in the Senate last year, and it is designed to ensure a
basic truth is upheld; the person who gets the most votes will
become the president of the United States. He stated that the
last decade has seen candidates being elected president without
having the highest popular vote total. He further noted that, if
SB 39 is enacted into law, Alaska would join with a group of
states forming a compact to pledge its electoral votes to the
candidate receiving the most popular votes.
9:04:07 AM
ANDY MODEROW, staff to Senator Hollis French, explained that SB
39 provides that any state of the United States and the District
of Columbia can become a member of this agreement by enacting
the agreement. He further explained that SB 39 sets out the
right of the people in the member states to vote for president
by statewide popular election. He said Article 3 allows that,
before the meeting and voting by the presidential electors, each
chief election official of each member state shall determine the
number of votes for each presidential candidate, and the states
shall add the votes together to reach a national popular vote
total.
9:06:16 AM
CHAIR WIELECHOWSKI asked about the issue of recounts between
states.
SENATOR FRENCH said nothing in SB 39 affects the right of each
state to count its own votes in its own manner. Ms. Fenumiai
would still be the person in charge should Alaska agree to join
this compact.
9:07:25 AM
MR. MODEROW further explained that SB 39 certifies the
appointment of the elector slate for the candidate associated
with that national popular vote winner. Six days before the
meeting and voting by the presidential electors, the members
shall make a final determination of the number of popular votes
cast in the state and shall communicate that to other states for
the purposes of the compact. The chief election official of each
member state shall release a conclusive statement of the number
of votes cast for each candidate. He also explained that if
there is a tie for the national popular vote winner, the
certifying official of each member state will certify the
appointment of the electors nominated by the vote in the state.
9:08:43 AM
CHAIR WIELECHOWSKI asked if the chief election official referred
to Ms. Gail Fenumiai.
SENATOR FRENCH responded yes, currently.
9:09:08 AM
MR. MODEROW then discussed what would occur if a member state
sends a different number of electors than they have electoral
votes; in that case, the national popular vote winner would
nominate the presidential electors, and the state election
official would certify the appointment of those nominees. He
noted that the bill also creates a blackout period requiring
that member states cannot withdraw from the compact for a period
of time before and after the election.
SENATOR PASKVAN asked how many states have passed the compact.
MR. MODEROW responded that he thinks 20 states, but he is not
certain.
9:10:53 AM
CHAIR WIELECHOWSKI asked if the chief executive of each member
state refers to the governor.
MR. MODEROW responded yes. He further stated that definitions
are provided on page 3, line 28, through page 4, line 21.
9:11:44 AM
MR. MODEROW explained that section 2 clarifies that current law
will stay on the books until enough states have activated the
compact.
9:12:15 AM
MR. MODEROW further explained that SB 39 contains provisions for
how the compact will be enacted.
9:12:52 AM
LAURA BROAD, testifying on behalf of National Popular Vote,
stated she spent eight years as a representative in the
Minnesota state legislature, where she was a co-sponsor of the
National Popular Vote Act. She said the National Popular Vote
agreement would guarantee the presidency to the candidate who
wins the most popular votes. The bill has been enacted in seven
states, and has been enacted by jurisdictions possessing a total
of 74 electoral votes, which is 27 percent of the votes
necessary to trigger the compact. She said that the shortcomings
of the current statutory system stem from the winner-take-all
rule, which effectively awards a state's electoral votes to the
candidate who wins the most popular votes in that state. The
winner-take-all rule has permitted a candidate to win the
presidency without winning the most popular votes in 1 of 56
presidential elections, which is 1 in 14 times. She further
stated that Article II, Section I, of the United States
Constitution gives states the exclusive authority and exclusive
control over the manner of awarding electoral votes; thus, the
winner-take-all rule is not in the U.S. Constitution, but is
actually a matter of state law.
9:17:34 AM
MS. BROAD explained that Maine and Nebraska use a different
system from the other states, which shows a state's right to
award electors under its own rules. Under the national popular
vote system, all electoral votes would be awarded to the
candidate who wins the most popular votes. Two-hundred-seventy
electoral votes are needed to ratify the compact. SB 39 also
preserves the Electoral College, but in a way that makes sure
that every vote is equal.
9:19:29 AM
MS. BROAD further stated that SB 39 would not abolish the
Electoral College, nor would it render the Electoral College
irrelevant; instead, it utilizes a state's right to benefit the
people of Alaska and the people of all states. She noted the
bill is not an end-run around the Constitution, because it very
explicitly states in Article II, Section I that state
legislatures have the full authority and the responsibility to
award electors as they see fit.
MS. BROAD noted the founders originally intended that small
states have an electoral advantage through an additional two
electoral votes, but the winner-take-all system undermines the
original intent. Candidates now become focused solely on
battleground states, because influence is no longer derived from
the number of electoral votes.
9:21:23 AM
MS. BROAD concluded by saying that SB 39 would ensure that
people know their vote counts, would preserve the electoral
college, fix shortcomings in the current system, and recognize
and utilize an explicit states' right set forth by the founders
in the constitution.
SENATOR PASKVAN asked if in a close election, a small state like
Alaska could decide to give its three electoral votes in order
to effectively change the results. What would be the penalty?
MS. BROAD responded that interstate compacts are authorized
within the constitution to give sovereign states the authority
to enter into legally binding contracts. She explained that
states are not allowed to breach those contracts; states that
enter into the compact can choose to leave, but only under
provisions of the contract. She noted this is a legally
enforceable tool, and that contracts actually take precedence
over statutes.
9:27:53 AM
SENATOR MEYER asked how many states are currently in the
compact.
MS. BROAD replied that seven states are currently in the
compact, and those states possess a total of 27 percent of the
electoral votes needed to trigger the compact. If Alaska passes
this bill, nothing changes until the trigger of 220 electoral
votes is reached.
SENATOR MEYER asked if Alaska would still be just a fly-over
state, in terms of presidential campaigning.
MS. BROAD responded that Minnesota currently has a governor who
didn't win any of the five largest cities in the state, yet he
won the governor's race twice because he drove up the vote in
rural and suburban areas. If this compact was adopted,
presidential candidates would need to reach out to a broad swath
of people in order to win.
9:30:37 AM
SENATOR GIESSEL noted that Minnesota is not one of the states
that have ratified the agreement.
MS. BROAD responded that she is expecting it to be passed this
year.
SENATOR GIESSEL asked if she would explain the blackout period.
MS. BROAD responded that purpose of the blackout period is to
bind the states to the compact for the length of the election
campaign, July 20th through January 20th, because voters should
know the rules of engagement.
CHAIR WIELECHOWSKI asked how the national popular vote works in
connection with the Electoral College.
9:33:01 AM
MS. BROAD responded that each state currently has the power to
deal with electors in its own way. Under the current system,
electors will always align with the candidate who wins the
popular vote. If a democratic candidate wins the popular vote, a
democratic slate of electors would go to the capitol and cast
ballots. Under a national popular vote, that is no different;
the slates are aligned with the candidate winning the majority
of the popular vote.
CHAIR WIELECHOWSKI asked about the recount issue.
MS. BROAD replied that recounts would continue to operate under
state statutes, and that does not change under the national
popular vote.
9:35:04 AM
SEAN PATTERSON, representing himself, Anchorage, supported SB
39, and stated it is probably the first time he has agreed with
Senator French. He noted that our founding fathers understood
that our democracy is a growing, living and changing entity;
under the current system, many states don't count. Our republic
has gotten to the point where each vote should be counted.
9:38:55 AM
DON THERING, representing himself, Delta Junction, stated he
supports SB 39 because the Electoral College system needs to
more accurately represent the country as it is today.
9:39:54 AM
ALLISON GLOVER, representing herself, Anchorage, said she
believes passage of SB 39 would be good for Alaska.
9:40:24 AM
CAROLYN BROWN, representing herself, Juneau, stated she has
lived in Alaska since 1965, including Anchorage, Palmer, and
Juneau, and has worked throughout the state as a public health
and OBGYN physician. Dr. Brown noted that six states and the
District of Columbia have already passed the compact: Hawaii,
Illinois, Maryland, New Jersey, New York, and the District of
Columbia. She supports SB 39 because she is committed to
participatory democracy, and she asked for reasoned
consideration and thoughtful debate on this issue.
9:43:24 AM
JIM GILL, student, University of Alaska, Fairbanks, testified in
support of SB 39.
9:44:07 AM
MARJORIE MENZI, Juneau, stated she was here as a citizen in
support of SB 39. As a civics educator, social studies teacher,
and voter registrar, she said she believes the president and
vice-president should be determined by nationwide popular vote.
She stated that according to a recent poll, 70 percent of
Alaskans agree. She further stated that the current system is a
disincentive to voters in Alaska.
9:49:08 AM
CHAIR WIELECHOWSKI closed public testimony and held SB 39 in
committee for further consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 39 Fiscal Note DOE.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 Sponsor Statement.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 Sectional.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 One Page Summary.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 |
| SB 39 Alaska Poll Results.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |
| SB 39 Editorials.pdf |
SSTA 2/1/2011 9:00:00 AM |
SB 39 U.S. PRESIDENTIAL ELECTION COMPACT |