03/14/2022 01:30 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearings | |
| SB115 | |
| SB161 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| + | SB 115 | TELECONFERENCED | |
| + | SB 161 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 189 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
March 14, 2022
1:31 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Mike Shower, Vice Chair (via teleconference)
Senator Shelley Hughes
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
CONFIRMATION HEARINGS
Alaska Police Standards Council
David Ross - Kenai
- CONFIRMATION ADVANCED
State Commission for Human Rights
Lonzo Henderson - Anchorage
Mae Marsh - Fairbanks
- CONFIRMATIONS ADVANCED
SENATE BILL NO. 115
"An Act relating to confidentiality of information; relating to
the duties of the Department of Administration; creating an
address confidentiality program; and providing for an effective
date."
- HEARD & HELD
SENATE BILL NO. 161
"An Act relating to the definition of 'political party'; and
providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 189
"An Act relating to sex trafficking; establishing the crime of
patron of a victim of sex trafficking; relating to the crime of
human trafficking; relating to sentencing for sex trafficking
and patron of a victim of sex trafficking; establishing the
process for a vacatur of judgment for a conviction of
prostitution; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 115
SHORT TITLE: ADDRESS CONFIDENTIALITY PROGRAM
SPONSOR(s): SENATOR(s) KIEHL
03/31/21 (S) READ THE FIRST TIME - REFERRALS
03/31/21 (S) STA, JUD, FIN
05/06/21 (S) STA AT 3:30 PM BUTROVICH 205
05/06/21 (S) Heard & Held
05/06/21 (S) MINUTE(STA)
02/17/22 (S) STA AT 3:30 PM BUTROVICH 205
02/17/22 (S) Scheduled but Not Heard
03/01/22 (S) STA AT 3:30 PM BUTROVICH 205
03/01/22 (S) -- MEETING CANCELED --
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
03/03/22 (S) Moved SB 115 Out of Committee
03/03/22 (S) MINUTE(STA)
03/04/22 (S) STA RPT 3DP 2NR
03/04/22 (S) DP: SHOWER, COSTELLO, KAWASAKI
03/04/22 (S) NR: REINBOLD, HOLLAND
03/14/22 (S) JUD AT 1:30 PM BUTROVICH 205
BILL: SB 161
SHORT TITLE: POLITICAL PARTY DEFINITION
SPONSOR(s): SENATOR(s) WIELECHOWSKI
01/18/22 (S) READ THE FIRST TIME - REFERRALS
01/18/22 (S) STA, JUD
02/17/22 (S) STA AT 3:30 PM BUTROVICH 205
02/17/22 (S) Heard & Held
02/17/22 (S) MINUTE(STA)
03/01/22 (S) STA AT 3:30 PM BUTROVICH 205
03/01/22 (S) -- MEETING CANCELED --
03/03/22 (S) STA AT 3:30 PM BUTROVICH 205
03/03/22 (S) Moved SB 161 Out of Committee
03/03/22 (S) MINUTE(STA)
03/04/22 (S) STA RPT 4NR 1DP
03/04/22 (S) NR: SHOWER, COSTELLO, REINBOLD, HOLLAND
03/04/22 (S) DP: KAWASAKI
03/14/22 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
MAE MARSH-PRAX Appointee
State Commission for Human Rights
Office of the Governor
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission for Human Rights.
DAVID ROSS, Appointee
Alaska Police Standards Council
Department of Public Safety (DPS)
Kenai, Alaska
POSITION STATEMENT: Testified as appointee to the Alaska Police
Standards Council.
LONZO HENDERSON, Appointee
State Commission for Human Rights
Office of the Governor
Anchorage, Alaska
POSITION STATEMENT: Testified as appointee to the State
Commission for Human Rights.
EDRIC CARRILLO, Staff
Senator Jesse Kiehl
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the changes in SB 115, from
Version I to Version G on behalf of the sponsor.
SENATOR BILL WIELECHOWSKI
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 161.
DAVID DUNSMORE, Staff
Senator Bill Wielechowski
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Answered questions on behalf of the sponsor
of SB 161.
MIKE COONS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in support of SB 161.
ACTION NARRATIVE
1:31:51 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:31 p.m. Present at the call to
order were Senators Myers, Hughes, Kiehl, and Chair Holland.
Senator Shower joined (via teleconference) as the meeting was in
progress.
^CONFIRMATION HEARINGS
CONFIRMATION HEARINGS
Alaska Police Standards Council
State Commission for Human Rights
1:32:34 PM
CHAIR HOLLAND announced the consideration of Governor Appointees
to Boards and Commissions.
CHAIR HOLLAND called on Mae Marsh-Prax, appointee to the State
Commission for Human Rights.
1:33:09 PM
MAE MARSH-PRAX Appointee, State Commission for Human Rights,
Office of the Governor, Fairbanks, Alaska, said she has lived in
Alaska since 1990. She stated that her family is a blending of
race, ethnicity, culture, and ability. As a young girl, she
struggled to reconcile her church's message with her dad's
racist attitude toward segregation. She watched civil rights
unfold on television and in her community of Frederick,
Maryland. She related that she found solace and solutions in the
civil rights laws. She said her passion for justice eventually
became her vocation.
MS. MARSH-PRAX said she is a retired federal civil servant. She
summarized her 27-year work history. She stated that she served
as a budget analyst, a program analyst, and director of the
Equal Opportunity offices at Fort Richardson, Fort Wainwright,
and Fort Greely. She later served in the Netherlands, working on
conflict resolution within an international workforce. She
further stated that she was the deputy director of Equal
Employment Opportunity (EEO) under the Department of Defense. In
Alaska, she worked as the director of Diversity and Equal
Opportunity at the University of Alaska Fairbanks, overseeing
civil rights investigations and compliance.
1:35:28 PM
MS. MARSH-PRAX offered her view that she is a good fit for the
State Commission on Human Rights because the commission's goal
to eliminate and prevent discrimination matches her skill set.
She stated that her knowledge as a practitioner had given her
insight into civil rights laws and experience in applying them,
including compliance. She had served as an advisor to top
military and education officials and leaders. She highlighted
that she is skilled in complaints processing, civil rights
investigations, conflict management, facilitation, and mediation
training. She indicated that she is committed to equality,
opportunity, and due process. She characterized her approach as
pragmatic; she honors the rule of law and would like to serve
Alaska.
1:36:58 PM
CHAIR HOLLAND said her EEO background appears to be an excellent
fit for the Alaska Commission on Human Rights.
1:37:08 PM
SENATOR KIEHL stated that the State Commission for Human Rights
has more missions than the state has funded. He asked if the
state had achieved the right balance between education and
complaints. He further asked what the commissioner's
relationship is in setting that balance with staff.
MS. MARSH-PRAX said she had not yet worked inside the
commission, so she was unsure how it operates. She offered to
address it in the future.
1:38:39 PM
SENATOR HUGHES thanked her for sharing her background. She
commented that Ms. Marsh-Prax was paid for the services she will
now provide for the commission in a volunteer capacity. She
asked why she chose this commission, and if she saw a problem or
need that should be addressed.
MS. MARSH-PRAX said she believes there is a foundation in the
law. She would like her grandchildren to benefit from the work
of the commission. She viewed this as a way to use her knowledge
and skills. She agreed that the position doesn't pay a salary,
but she would be honored to serve.
SENATOR HUGHES said she appreciated that she viewed it as a
generational investment for her grandchildren.
1:41:25 PM
CHAIR HOLLAND turned to the next appointee, David Ross,
Appointee to the Alaska Police Standards Council.
1:41:45 PM
DAVID ROSS, Appointee, Alaska Police Standards Council,
Department of Public Safety (DPS), Kenai, Alaska, stated he has
lived on the Kenai Peninsula for over 50 years. He said he seeks
to serve as one of the four police chief positions on the
council. He has been the police chief at the Kenai Police
Department for the last six years. During his 21 years of police
service, he has worked for the department as a police officer,
investigator, sergeant, lieutenant, and police chief. He said he
looks forward to serving on the council to ensure that the law
enforcement workforce is professional and well trained in
Alaska.
1:43:08 PM
SENATOR KIEHL pointed out that the Alaska Police Standards
Council developed new training rules that were not adopted. He
asked him to provide some additional thoughts about advancing
police training, especially in rural areas.
MR. ROSS responded that while the council did not adopt the in-
service training rules, the council may consider the regulations
in smaller pieces over time. Thus, the council might still
address the concept of providing in-service training for law
enforcement. He noted he previously sent an email to members.
Regarding mandating in-service training, the state might
consider providing it in an online portal so every officer could
receive the same training instead of every agency trying to
develop training. He noted that most police departments have
training standards, but it was also good to have in-service
training standards since it is critical to law enforcement. He
offered his view that the Kenai Police Department's training
standards are high.
1:45:14 PM
SENATOR HUGHES noted that he made a mid-career change to law
enforcement from road construction. She asked whether his
earlier career would be beneficial as he deals with new law
enforcement officers.
MR. ROSS suggested that having a career outside law enforcement
was beneficial because it provides perspective and insight into
other industries. He said his father worked in law enforcement
in Kenai and retired prior to him joining the force. He stated
that he had had an interest in law enforcement all along. He
worked in a family road construction business for 15 years
during his teenage years and 20s.
1:46:39 PM
CHAIR HOLLAND commended him on his 21 years at the Kenai Police
Department. He offered his belief that he was an excellent
candidate to serve on the Alaska Police Standards Council.
1:47:29 PM
LONZO HENDERSON, Appointee, State Commission for Human Rights,
Office of the Governor, Anchorage, Alaska, stated that he is a
lifelong Alaskan and a Vietnam-era US Army veteran. He joined
the Department of Corrections in the 1980s. He began his career
as a probation and parole officer and retired as the deputy
director for the Division of Probation and Parole. He served on
the Board of Parole from 2008 to 2013 and as chair beginning in
2011.
MR. HENDERSON stated that he believes all Alaskans have a right
to be treated fairly. He has observed how bias can distort and
cause issues in the workplace. He further stated that he had
many years of experience evaluating legal papers and making
reasonable and just decisions in meetings and legal settings.
Although the human rights cases with this commission are civil
cases, he offered his view that his experience with the
Department of Corrections and his education will prove to be an
asset to the commission. He noted that he has a Bachelor of Arts
(BA) in Psychology, a Minor in Sociology, and a Master of Arts
in Teaching (MAT).
1:49:44 PM
SENATOR KIEHL asked if the balance on the commission between
outreach, education, taking complaints, and adjudication was the
right balance. He further asked for his sense of board member
interactions with staff on those issues.
MR. HENDERSON responded that he is new to the process, so he has
not evaluated how that unfolds with the agency. He offered to
respond to the committee once he had more information.
1:50:39 PM
CHAIR HOLLAND noted that he had applied to serve on the Clemency
Advisory Board and that the State Commission for Human Rights
was his third choice. He asked whether he was comfortable being
selected to serve on this commission.
MR. HENDERSON answered yes.
1:51:42 PM
CHAIR HOLLAND opened public testimony; finding none, he closed
public testimony on the confirmation hearings for governor
appointees to boards and commissions.
1:52:13 PM
SENATOR MYERS stated that in accordance with AS 39.05.080, the
Senate Judiciary Standing Committee reviewed the following and
recommends the appointments be forwarded to a joint session for
consideration:
Alaska Police Standards Council
David Ross - Kenai
State Commission for Human Rights
Lonzo Henderson - Anchorage
Mae Marsh-Prax- Fairbanks
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
1:52:55 PM
At ease
SENATOR SHOWER joined via teleconference.
SB 115-ADDRESS CONFIDENTIALITY PROGRAM
1:55:51 PM
CHAIR HOLLAND reconvened the meeting and announced the
consideration of SENATE BILL NO. 115 "An Act relating to
confidentiality of information; relating to the duties of the
Department of Administration; creating an address
confidentiality program; and providing for an effective date."
CHAIR HOLLAND noted that this was the first hearing and
recognized Senator Kiehl as the sponsor.
1:56:12 PM
SENATOR KIEHL, speaking as sponsor of SB 115, explained that the
bill was prompted by two stories. A former legislator told a
story about helping a domestic violence survivor who moved to
Alaska. She went to get her mail from her US Post Office (USPO)
box, and her abuser was waiting outside the USPO. He had somehow
tracked down her address. Second, a friend who is a law
enforcement officer fears for his family's safety. He stated
that law enforcement officers must deal with people who behave
in horrible ways, sometimes threatening revenge on them.
1:58:01 PM
SENATOR KIEHL paraphrased the sponsor statement.
SB 115 creates an address confidentiality program to
protect survivors of sexual assault and domestic
violence, as well as for peace officers and
correctional officers.
Forty-one states have some form of address
confidentiality program. They are so widespread
because there's real needan address is essential to
vote, drive, work, and so much more. But having an
address in a public record makes a person vulnerable
to an abuser or someone seeking to do harm. Alaskans
who have survived relationship or sexual violence
deserve a way to participate in society safely. So do
Alaskans who work in law enforcement and face threats
of retribution. An address confidentiality program
minimizes the chances they will be found by someone
who wishes them harm.
Under SB 115, the state would keep a Post Office Box
and confidentially forward mail to public safety
professionals and Alaskans under a protective order.
These Alaskans deserve a chance to live safely.
1:59:01 PM
SENATOR KIEHL explained that in some states the function to
forward mail and keep the victim or individual's home address
confidential is housed in the lieutenant governor or Secretary
of State's office. Often, voter registration addresses are the
primary public record that might reveal a person's physical
address. Other states house their programs within the Department
of Law or District Attorney equivalents as part of victim-
witness services. SB 115 proposes to put this program in the
Department of Administration because Shared Services of Alaska
already operates a central mail system and has the
infrastructure in place.
1:59:26 PM
SENATOR KIEHL reviewed the mechanics of the bill. In addition to
adjusting a few rules for the Alaska Court System to ensure that
these addresses do not inadvertently appear in a public court
file, it would create the program and give the Department of
Administration a significantly different scope of that program
by regulation. The regulations indicate that most states only
forward first-class, registered, and certified mail, so catalogs
and magazines will not be forwarded. He highlighted that a voter
requesting a mail ballot would have their ballot forwarded, but
campaign mail would not be forwarded since it is third-class
mail. He related that he has worked with the Department of
Administration, law enforcement, Department of Corrections, and
victims' advocates. He indicated that he had heard no opposition
to the bill. He urged members to support SB 115 to provide an
extra safety measure for survivors, law enforcement, and
correctional officers.
CHAIR HOLLAND noted that there was a committee substitute (CS
for the committee to consider.
2:01:15 PM
SENATOR MYERS moved to adopt the committee substitute (CS) for
SB 115, work order 32-LS0380\G, as the working document.
CHAIR HOLLAND objected for discussion purposes.
2:01:52 PM
EDRIC CARRILLO, Staff, Senator Jesse Kiehl, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor, stated
that there were two technical changes from Version I to Version
G. Section 6, subsection (h), establishes the penalty for
disclosing confidential information of enrollees in the mail
forwarding program as a class B misdemeanor. The original bill,
Version I, inadvertently omitted a peace officer and a
correctional officer from the list of eligible enrollees listed
in subsection (c) (4) and (5), and Version G includes them, so
the penalty provision would apply if someone disclosed their
confidential information.
MR. CARRILLO related the last change in Section 9 would update
the effective date to February 1, 2023, instead of 2022.
2:02:56 PM
SENATOR HUGHES said she liked protecting survivors of sexual
assault and domestic violence. She commended the police officers
and correctional officers who provide public safety in Alaska.
She asked for the impact this bill would have. She wondered how
many peace officers and correctional officers would be affected
by the bill.
2:03:45 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Version G was adopted. He asked Senator Kiehl to
respond to the question.
2:04:08 PM
SENATOR KIEHL responded that the Department of Administration
had difficulty estimating the figures. He indicated that he
reviewed other states' programs. He noted that Vermont and
Arizona did not include peace or correctional officers. He
estimated that the registry would probably serve 700 to 900
Alaskans at full implementation. He noted that number is less
than the total number of correctional or law enforcement
officers in the state, in part, because these registries are not
helpful for everyone. For example, law enforcement officers with
a significant social media presence, such as a Facebook page or
Instagram account showing photographs of their family taken in
their front yard would not benefit. New officers who heed the
advice of the Alaska State Trooper Training Academy to protect
themselves and their families by avoiding using social media or
other online locations may find the program helpful. A
comparatively small number of those experiencing domestic
violence feel so threatened that they must relocate and start
their new lives elsewhere. Those survivors are the ones who will
use this program and benefit from it.
2:06:31 PM
SENATOR HUGHES stated that victims are in situations through no
fault of their own, so it makes sense for the state to help
them. She offered her view that judges, school principals,
teachers, or lawmakers may also want that protection. She
wondered if people could keep their physical addresses private
by using a USPO box.
SENATOR KIEHL agreed that most people would obtain sufficient
privacy by getting a USPO box. He offered his view that very few
lawmakers would feel the need to go to this level of privacy
protection. He was not aware of other states that include law
enforcement or correctional officers in this level of privacy.
Individuals who seek revenge on law enforcement or correctional
officers or perpetrators who engage in stalking go beyond an
angry afternoon of heckling. These people pose a danger. While
the registry could be expanded, most people would not find it
helpful since they are not subject to the threats that those who
arrest criminals or keep them imprisoned face.
2:09:12 PM
SENATOR HUGHES wondered how mail from online stores, such as
Amazon, would be handled for law enforcement officers who had
concerns and elected to have their mail forwarded. She related
some people with bad intentions could hack their mail.
SENATOR HUGHES surmised that the volume of mail the state might
be paying to redeliver could be considerable if people solely
relied on the state to forward their mail.
SENATOR KIEHL responded that most states forward mail pertaining
to non-commercial transactions, such as property taxes, voting
registration, any court documents, and certified mail. However,
the government would not forward mail or packages from online
stores or retailers, including Amazon. He emphasized that this
relates to public records, so it would be a separate issue if an
abuser or criminal were to hack commercial websites or
accomplish major data breaches. He explained that the stalkers
that this bill addresses are domestic violence abusers, and most
of them don't have high-level hacking skills to pose threats.
2:11:46 PM
SENATOR HUGHES pointed out that other professions, including
prosecutors and tax auditors could suffer from retribution. They
may wish to get USPO boxes.
2:12:05 PM
CHAIR HOLLAND noted that Senator Shower had joined the meeting
via teleconference.
SENATOR SHOWER confirmed that he was participating via
teleconference.
CHAIR HOLLAND asked whether the regulations would identify the
type of mail to be forwarded.
2:12:44 PM
SENATOR KIEHL answered yes.
2:12:47 PM
SENATOR MYERS asked if state employees would deliver the mail.
SENATOR KIEHL answered that state employees would bundle the
forwarded mail in a single envelope or package and remail it to
the participants' address.
2:13:38 PM
SENATOR MYERS referred to the public records, noting that under
the Real ID Act of 2005, citizens are required to obtain a Real
ID and, to do so, must provide proof of address. He asked
whether this bill would be Real ID compliant.
2:14:12 PM
MR. CARRILLO responded that the state and municipalities would
be required to accept the USPO box.
SENATOR MYERS asked whether the federal government would accept
the USPO box to meet the Real ID requirements.
SENATOR KIEHL noted that the division did not raise that issue.
However, he offered to research this through the Division of
Motor Vehicles and respond to the committee.
CHAIR HOLLAND asked him to repeat the question.
2:14:59 PM
SENATOR MYERS asked whether the federal government would accept
the USPO box as proof of residence.
2:15:34 PM
SENATOR MYERS noticed the bill makes it a crime to disclose
someone's physical address. AS 44.21.022(h)(2) reads, "is not
authorized to access the address confidentiality program
database and knowingly discloses the information to the
respondent of a protective order." He asked why the bill doesn't
make it a crime to access the database when the person is not
authorized to access it.
SENATOR KIEHL responded that the difference was related to the
mental state for the disclosure. He explained that someone at
the department giving the information to someone who is not
allowed to have it would be guilty of a more serious crime than
someone who happens upon the information but knows the person is
protected yet still allows the information to be released. The
bill treats the release of information in different levels of
severity.
2:17:15 PM
CHAIR HOLLAND asked Senator Shower if he had any questions.
2:17:26 PM
SENATOR SHOWER answered that he had no questions. He related
that he previously heard the bill in the Senate State Affairs
committee and it made sense to him.
SENATOR KIEHL thanked the committee for hearing the bill.
CHAIR HOLLAND held SB 115 in committee.
2:18:09 PM
CHAIR HOLLAND brought SB 115 back before the committee.
2:18:20 PM
CHAIR HOLLAND opened public testimony on SB 115; hearing none,
he closed public testimony.
2:18:41 PM
CHAIR HOLLAND held SB 115 in committee.
SB 161-POLITICAL PARTY DEFINITION
2:18:45 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 161
"An Act relating to the definition of 'political party'; and
providing for an effective date."
CHAIR HOLLAND asked Senator Wielechowski to introduce the bill.
2:19:09 PM
SENATOR BILL WIELECHOWSKI, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 161, stated that this issue was brought to
him by a constituent active in the Libertarian Party. He
paraphrased the sponsor statement.
Senate Bill 161 simplifies the process for political
parties gaining official recognition by recognizing
any party with at least 5,000 registered voters. This
bill would replace the current variable threshold with
a standard that is simple and consistent.
Currently, political parties gain or maintain official
recognition by having registered voters equal to at
least 3% of the total votes cast for governor, U.S.
Senate, or U.S. House of Representatives in the last
election depending on which office was on the ballot
that year. This threshold can vary wildly from
election to election and after the 2020 election it
increased by 27% because of record voter turnout.
With the passage of Ballot Measure 2, official party
status will no longer be used to determine ballot
access for candidates for governor and lieutenant
governor, U.S. Congress, or Alaska State Legislature.
The only offices for which officially recognized
parties will have automatic ballot access are U.S.
president and vice president. Parties with much fewer
than 5,000 registered voters routinely secure ballot
access by petition and SB 161 will save the Division
of Elections the time and expense of reviewing
petitions for parties that have already demonstrated a
significant amount of support.
Officially recognized parties have the right to
purchase two pages in the Official Election Pamphlet,
to nominate poll workers and election board members,
and to have observers present at polling places and
counting centers. In addition, there are different
campaign finance limits and reporting requirements for
recognized parties and unrecognized parties. SB 161
ensures that this status is determined by a simple,
consistent, and easy to understand threshold.
2:19:46 PM
SENATOR WIELECHOWSKI referred to a chart in members' packets
[titled, Registered Voters Needed for Political Parties to be
Officially Recognized, 2010 - 2020], stating that the number was
roughly 11,000 people. He noted that the figure had fluctuated
depending on the number of people that voted at each election.
For example, in 2010, the figure was under 8,000, it increased
to nearly 10,000 in 2016, but since then it went back down.
SENATOR WIELECHOWSKI stated that this bill sets a clear amount
of 5,000, which was selected by the number of Libertarian Party
registered voters. The Alaska Supreme Court previously reviewed
this in Vogler v. Miller, a 1983 case. The court ruled that the
state threshold of 10 percent was too high and unconstitutional.
He noted that most states had thresholds in the 2-5 percent
range. He noted that he solicited comments from the Alaskan
Independence Party, the Green Party, and the Constitution Party,
and the Green Party supported lowering the threshold. He
indicated that he was unaware of any opposition to the bill.
2:21:38 PM
SENATOR MYERS stated that the legislature had not updated this
statute in 40 years, but the state's population has increased
since then by 40 percent. He asked whether the bill should be
static or if it should tie to the census population figures.
SENATOR WIELECHOWSKI answered that he was neutral. He offered
his view that the bill should use some specific, substantial
figure. He stated his preference to use a firm figure, so
parties will know what number they need to reach. He indicated
that he would not object if the committee decided it was wiser
to add a population adjuster. He reiterated that 5,000 seemed to
be a reasonable figure since Alaska does not have big spikes in
population.
2:23:14 PM
SENATOR HUGHES offered one approach, that if 3 percent was
roughly 10,000, the figure could be set at 1.5 percent so it
would flow with the population.
SENATOR WIELECHOWSKI answered that he had no issue with 1.5
percent, but he would like to hear the public testimony.
2:23:58 PM
DAVID DUNSMORE, Staff, Senator Bill Wielechowski, Alaska State
Legislature, Juneau, Alaska, on behalf of the sponsor of SB 161,
explained that one advantage of having a numerical threshold
rather than a formula was that a formula would fluctuate since
it was tied to the voter turnout in the previous election. He
stated that presidential elections universally have a higher
voter turnout than midterm elections. He referred to the chart,
noting that the last election had a dramatic bump. However,
somewhat paradoxically, the threshold to become a qualified
party in a midterm election is actually higher than that in a
presidential election.
2:25:13 PM
CHAIR HOLLAND said he understood the preference for a firm
figure.
2:25:40 PM
SENATOR SHOWER stated that 5,000 was fine. He asked if the
sponsor would reach out to other parties for comments.
2:26:24 PM
MR. DUNSMORE pointed out that after the bill moved from the
Senate State Affairs Committee, the Alaska Constitution Party
contacted him with support to lower the threshold.
2:26:48 PM
At ease
2:27:05 PM
CHAIR HOLLAND reconvened the meeting.
2:27:15 PM
SENATOR MYERS noticed that the sponsor statement indicated that
this was being discussed due to ballot access changes and the
Alaska Public Offices Commission (APOC) rules. He asked for
examples of differences in APOC reporting requirements for
political parties.
MR. DUNSMORE offered to research and report to the committee
with more details. He highlighted that the two major differences
are that political parties can create subdivisions within the
party that are treated under the same limit. However, an
individual group would need to form a completely separate group.
For example, the Democratic and Republican Parties have separate
House and Senate campaign accounts. Second, there is a different
contribution limit for individuals giving to parties and parties
contributing to candidates.
2:28:40 PM
CHAIR HOLLAND opened public testimony on SB 161.
2:29:06 PM
MIKE COONS, representing self, Palmer, Alaska, thanked Senator
Wielechowski for bringing up the bill. He related that it
reminded him that the Green Party and the Alaska Constitution
Party believe there will be parties in 2023 if ranked-choice
voting is repealed. He offered his view that the parties all
believe in party affiliation and primaries to go along with
them. He spoke in support of SB 161. He agreed that 5,000 was a
good figure, especially since the smaller parties are requesting
that threshold.
2:30:44 PM
CHAIR HOLLAND found no further testimony and closed public
testimony on SB 161.
2:31:14 PM
CHAIR HOLLAND held SB 161 in committee.
2:31:52 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 2:31 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| David Ross Resume 2021_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| David Ross Application_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Lonzo Henderson- Board Application_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Lonzo Henderson Resume_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Mae Marsh-Prax Board Application_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| Mae Marsh-Prax Hum.Rights Resume_Redacted.pdf |
SJUD 3/14/2022 1:30:00 PM |
|
| SB115 Sponsor Statement 05.06.21.pdf |
SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 115 |
| SB115 Sectional Analysis 04.07.21.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 5/6/2021 3:30:00 PM |
SB 115 |
| SB115 ver G.pdf |
SJUD 3/14/2022 1:30:00 PM |
SB 115 |
| SB 161 Sponsor Statement 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |
| SB 161 Sectional Analysis version A 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |
| SB 161 Research Parties on Presidential Ballots 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |
| SB 161 Research Graph 1.26.2022.pdf |
SEDC 3/14/2022 1:30:00 PM SJUD 3/14/2022 1:30:00 PM SSTA 2/17/2022 3:30:00 PM |
SB 161 |