Legislature(1995 - 1996)
02/23/1995 01:40 PM House FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE FINANCE COMMITTEE
FEBRUARY 23, 1995
1:40 P.M.
TAPE HFC 95 - 30, Side 1, #000 - end.
TAPE HFC 95 - 30, Side 2, #000 - #147.
CALL TO ORDER
Co-Chair Mark Hanley called the House Finance Committee
meeting to order at 1:40 P.M.
PRESENT
Co-Chair Hanley Representative Kohring
Co-Chair Foster Representative Martin
Representative Mulder Representative Kelly
Representative Brown Representative Parnell
Representative Grussendorf Representative Therriault
Representative Navarre was not present for the meeting.
ALSO PRESENT
Representative Jerry Mackie; Tom Anderson, Staff,
Representative Martin; Jack Chenoweth, Attorney, Legislative
Legal Counsel, Legislative Affairs Agency; Dave Koivunemei,
Acting Director, Division of Elections, Office of the Lt.
Governor.
SUMMARY
HB 42 An Act relating to absentee voting, to electronic
transmission of absentee ballot applications, and
to delivery of ballots to absentee ballot
applicants by electronic transmission, and
enacting a definition of the term 'state election'
for purposes of absentee voting.
CS HB 42 (STA) was reported out of Committee with
a "do pass" recommendation and with a fiscal note
by the Office of the Governor.
HB 132 An Act repealing the ability of persons seeking an
elective state executive office or a state or
national legislative office to petition for
inclusion of their names on the state general
election ballot; requiring candidates of all
political groups for a state or national
legislative office to compete at the state primary
1
election for the placement on the general election
ballot of the name of the one candidate from each
political group that receives the greatest number
of votes cast; and requiring candidates of all
political groups for state executive office to
compete at the state primary election for the
placement on the general election ballot of the
name of the one candidate for governor from each
political group that receives the greatest number
of votes cast and the name of the one candidate
for lieutenant governor from the same political
group that receives the greatest number of votes
cast.
CS HB 132 (FIN) was reported out of Committee with
a "do pass" recommendation and with a zero fiscal
note by the Office of the Governor.
HOUSE BILL 42
"An Act relating to absentee voting, to electronic
transmission of absentee ballot applications, and to
delivery of ballots to absentee ballot applicants by
electronic transmission, and enacting a definition of
the term 'state election' for purposes of absentee
voting."
JOHN ANDERSON, STAFF, REPRESENTATIVE TERRY MARTIN, explained
that HB 42 would allow residents of Alaska who were voting
absentee to utilize electronic transmission (fax), whether
in-state, out-of-state in the United States, or outside of
the United States.
He added that the national trend is to expand voting
practices and allow those individuals voting absentee the
most expeditious means by which to cast their ballot. In
terms of Alaska's requirements, there is a 36-45 day ballot
transmission time. Ballots would be mailed 21-30 days
before the election. Marked ballots mailed by voters within
the United States would be counted if postmarked by the day
of the election.
Mr. Anderson concluded, the purpose of the legislation would
be to decrease lost, delayed, or denied absentee ballots due
to time restraints. The use of electronic transmission
maintains confidentiality while furthering speed and
efficiency. In essence, it would expand the use of
alternative voting procedures which, if not utilized, might
otherwise disenfranchise an Alaskan resident voting absentee
when time is important.
Representative Brown asked if a definition of "electronic
2
transmission" existed at this time. Mr. Anderson commented
that currently there is not a definition in the legislation,
although he thought one could be added. He added, that the
former Division of Elections Director Swanson requested
changing "facsimile" to "electronic transmission" in an
attempt to address monitorization. Representative Brown
asked other means of voting would be used.
DAVE KOIVUNEMEI, ACTING DIRECTOR, DIVISION OF ELECTIONS,
OFFICE OF THE LT. GOVERNOR, advised that the Division will
be handling the elections primarily by fax, although
applications can be sent by other electronic means. He
added, the proposed legislation supports transmission being
accomplished as securely as possible. Mr. Koivunemei
pointed out that a specific fax line would be established as
a dedicated line.
Representative Brown questioned which section of the bill
clarified that the voting process must be secured. Mr.
Koivunemei noted that Section 1 spoke to that concern.
Representative Brown recommended adding language to Page 2,
Line 18, following "electronic transmission number"
inserting "or address". She asserted that language would
clarify how the ballot would be returned. Mr. Koivunemei
interjected that applications are accepted by fax, although
if an address was provided, the ballot could be mailed.
Representative Brown recommended that inserting the
additional language would clarify the intent.
Co-Chair Hanley suggested as the legislation is now written
the intent could read either way. Mr. Koivunemei noted that
no one would be denied a ballot without the recommended
language change.
Representative Therriault questioned language in Section 3,
Page 2, the switch from [4] to [7] days before the election
in which the absentee ballot could legally be sought. Mr.
Koivunemei explained that the change resulted from the
unpredictability weather conditions and other interferences
in the non urban communities which would interrupt
applications arriving on time.
Representative Kohring suggested adding a fax transmission
for voter registration. Mr. Koivunemei did not think that
would be a problem. Mr. Anderson pointed out that the
Senate Judiciary Committee had added that language to
similar legislation last year. Representative Martin
thought that legislators might be uncomfortable with the
addition of that language and that he would not want it to
complicate the passage of HB 42.
Representative Mulder questioned the fiscal note
expenditures referencing the purchase of three fax machines
3
every two years. He urged a one time purchase. Co-Chair
Hanley recommended removing the $8 thousand dollars for
remaining years. Mr. Koivunemei commented that the fiscal
note had been difficult to project with no past evidence
from which to base it.
Representative Brown suggested returning to the original
bill language which would make it easier for people to
register to vote. Representative Mulder reminded the
Committee that last year, the same legislation did not pass
the Senate because of concerns with privacy and security.
Representative Brown emphasized that voter registration
would not have any relationship to privacy or security. She
reiterated that voter registration should be public.
Representative Brown MOVED to adopt the original language of
HB 42, and not use the language adopted by the House State
Affairs Committee. Representative Mulder OBJECTED.
A roll call was taken on the MOTION.
IN FAVOR: Brown
OPPOSED: Martin, Mulder, Parnell, Therriault,
Grussendorf, Kelly, Kohring, Hanley,
Foster
Representative Navarre was not present for the vote.
The MOTION FAILED (1-9).
Representative Mulder MOVED to report CS HB 42 (STA) out of
Committee with individual recommendations and with the
revised fiscal note. There being NO OBJECTION, it was so
ordered.
CS HB 42 (STA) was reported out of Committee with a "do
pass" recommendation and with a revised fiscal note by the
Office of the Governor.
HOUSE BILL 132
"An Act repealing the ability of persons seeking an
elective state executive office or a state or national
legislative office to petition for inclusion of their
names on the state general election ballot; requiring
candidates of all political groups for a state or
national legislative office to compete at the state
primary election for the placement on the general
election ballot of the name of the one candidate from
each political group that receives the greatest number
of votes cast; and requiring candidates of all
political groups for state executive office to compete
4
at the state primary election for the placement on the
general election ballot of the name of the one
candidate for governor from each political group that
receives the greatest number of votes cast and the name
of the one candidate for lieutenant governor from the
same political group that receives the greatest number
of votes cast."
REPRESENTATIVE JERRY MACKIE explained that he introduced HB
132 in order to bring parity to the State's election
process. The provision of the legislation would require
that all candidates for State elective office enter the
primary election contest.
HB 132 would place all candidates before the electorate on
an equal footing. All candidates would be required to be in
the primary election. He added, just as the top vote getter
to each political group will move on to the general election
ballot, so too will the top vote getter among all
independent candidates for a particular elective office. In
this matter, the electorate will have an equal opportunity
to view and assess all candidates for an elective office.
And then each candidate will be equally challenged by the
election process.
Representative Kelly questioned the legal definition of
"qualified voters" as referenced in Section #10 contained in
the proposed committee substitute dated 2/14/95.
(Tape Change, HFC 95-30, Side 2).
Mr. Koivunemei noted the statute definition of a qualified
voter, AS 15.60.010, Section 25: "A person who has the
qualification of a voter, and is not disqualified as
provided in Article 4, Section II, of the State
Constitution". Discussion followed regarding the registered
status of a voter at the time of signing a petition.
JACK CHENOWETH, ATTORNEY, LEGISLATIVE LEGAL COUNSEL,
LEGISLATIVE AFFAIRS AGENCY, explained that if the person was
required to be registered at the time that they sign a
petition, would require a change in the statute law. He
pointed out that there are several pieces of legislation
which could include that qualification stipulation.
Co-Chair Foster MOVED to adopt committee substitute 9-
LS0481\F, Chenoweth, 2/14/95, as the version before the
Committee. Representative Mackie assured the Committee that
the committee substitute only contained "house keeping
changes" recommended by the Office of the Lt. Governor in
order to make the legislation consistent with State statute.
There being NO OBJECTION, to adoption of the committee
5
substitute, it was so ordered.
Mr. Koivunemei recommended a language change to Page 4, Line
25, deleting "and" and inserting "or". Co-Chair Foster
MOVED the language change recommended by Mr. Koivunemei.
There being NO OBJECTION, it was adopted.
Co-Chair Foster MOVED to report CS HB 132 (FIN) out of
Committee with individual recommendations and with the
accompanying fiscal note. There being NO OBJECTIONS, it was
so ordered.
CS HB 132 (FIN) was reported out of Committee with a "do
pass" recommendation and with a zero fiscal note dated
2/15/95.
ADJOURNMENT
The meeting adjourned at 2:30 P.M.
| Document Name | Date/Time | Subjects |
|---|