Legislature(1997 - 1998)
02/17/1998 03:35 PM Senate STA
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
SENATE STATE AFFAIRS COMMITTEE
February 17, 1998
3:35 p.m.
MEMBERS PRESENT
Senator Lyda Green, Chairman
Senator Jerry Ward, Vice-Chairman
Senator Jerry Mackie
Senator Mike Miller
Senator Jim Duncan
COMMITTEE CALENDAR
SENATE BILL NO. 244
"An Act relating to polygraph or other lie-detecting testing for
certain correctional officers."
- MOVED SB 244 OUT OF COMMITTEE
SENATE BILL NO. 185
"An Act relating to the maintenance of voter lists and to the
inactivation and cancellation of voter registration; and providing
for an effective date."
- MOVED SB 185 OUT OF COMMITTEE
SENATE BILL NO. 183
"An Act relating to voter qualification, disqualification, and
registration; to voter registration officials; to election notices;
to mail elections; to certain voting procedures; to the
transportation of ballots; and to the official election pamphlet
and certain immunity from liability regarding claims arising from
publication of the official election pamphlet."
- HEARD AND HELD
CS FOR SENATE BILL NO. 275(STA)
"An Act specifying time periods for making, soliciting, or
accepting campaign contributions to candidates for state office;
and providing for an effective date."
- MOVED CSSB 275(STA) OUT OF COMMITTEE
PREVIOUS SENATE COMMITTEE ACTION
WITNESS REGISTER
Ms. Portia Parker
Staff to Senator Mike Miller
State Capitol
Juneau, Ak 99801-1182
POSITION STATEMENT: Presented SB 275
Mr. Jim Sourant
Staff to Representative Porter
State Capitol
Juneau, Ak 99801-1182
POSITION STATEMENT: Presented HCR 26
Mr. Joe Pichler
People First of Alaska
2201 Ramig Place
Anchorage, Ak 99508
POSITION STATEMENT: Supported HCR 26
Ms. Beverly Tallman
University of Alaska, Anchorage
2230 Nichols Street
Anchorage, Ak 99508
POSITION STATEMENT: Supported HCR 26
Ms. Gail Fenumiai
Division of Elections
PO Box 110017
Juneau, Ak 99811-0017
POSITION STATEMENT: Supported SB 183 and SB 185
Ms. Kathleen Strasbaugh
Division of Elections
PO Box 110017
Juneau, Ak 99811-0017
POSITION STATEMENT: Supported SB 183 and SB 185
Ms. Wilda Hudson
League of Women Voters
1542 E 27th Avenue
Anchorage, Ak 99508
POSITION STATEMENT: Commented on SB 183 and SB 185
Ms. Carol Dickason
League of Women Voters
2481 Belmont Drive
Anchorage, Ak 99517
POSITION STATEMENT: Commented on SB 183 and SB 185
Ms. Nancy Sonafrank
League of Women Voters
PO Box 71974
Fairbanks, Ak 99707
POSITION STATEMENT: Commented on SB 183 and SB 185
Mr. Dwight Perkins
Department of Labor
PO Box 21149
Juneau, Ak 99802-1149
POSITION STATEMENT: Commented on SB 183
ACTION NARRATIVE
TAPE 98-6, SIDE A
Number 001
CHAIRMAN GREEN called the Senate State Affairs Committee to order
at 3:35 p.m. and noted the presence of SENATOR WARD and SENATOR
MILLER. CHAIRMAN GREEN said SB 275 would be taken up first.
SB 275 - FUND RAISING: GOV; LT. GOV; & CANDIDATES
SENATOR MILLER moved the adoption of CSSB 275(STA) as the working
document. Without objection, it was so ordered.
MS. PORTIA PARKER, staff to Senator Miller, said the only change in
the new draft was the title. She explained the new draft was
further clarified to apply specifically to only one aspect of
campaign finance.
CHAIRMAN GREEN believed the committee had discussed all the other
aspects of the bill and SENATOR WARD moved CSSB 275(STA) out of
committee with individual recommendations and accompanying fiscal
notes. Without objection, the bill was moved from committee.
HCR 26 - 1998 INTERNATIONAL PEOPLE FIRST CONFERENCE
MR. JIM SOURANT, staff to Representative Brian Porter, presented
HCR 26 which urges support for the 1998 International People First
Conference. He observed the conference is widely supported and will
be held two months from now in Anchorage. MR. SOURANT explained the
conference will link about 1,000 people from 41 countries in the
world as a means to develop leadership skills and independence for
developmentally disabled individuals. MR. SOURANT claimed the
passage of this resolution will be of great assistance to the
conference's co-chairs, who will be testifying on the bill.
MR. JOE PICHLER, Co-Chair and Treasurer of the People First
Conference, asked the committee for support for this conference he
has been working on for eight years. He mentioned the conference
will bring many people into Alaska and be a wonderful opportunity
to show them the beauty of our state.
MS. BEVERLY TALLMAN stated she had been working with Joe on this
project for two years and is amazed at the progress that has been
made. She indicated there will be over 50 workshops at the
conference, entirely planned by and for people with disabilities.
She expressed appreciation for the support they have received and
hoped they could also obtain some financial support from the
legislature.
SENATOR WARD moved HCR 26 out of committee with individual
recommendations and accompanying fiscal notes. Without objection,
it was so ordered.
SB 244 - POLYGRAPHS FOR CORRECTIONAL OFFICERS
SENATOR WARD, sponsor of SB 244 presented the bill, which he says
allows for the administration of polygraph tests to correctional
officers. He pointed out this is the same standard used for police
officers and this bill was requested by the correctional officers
themselves. He said it will be used as a policing and recruiting
mechanism and remarked that the Alaska Peace Officers Association
also endorses the bill.
SENATOR WARD moved SB 244 out of committee with individual
recommendations and a zero fiscal note. Without objection, it was
so ordered.
SB 185 - VOTER LISTS & VOTER REGISTRATION
CHAIRMAN GREEN welcomed the arrival of SENATOR MACKIE.
MS. GAIL FENUMIAI, Election Program Specialist from the Division of
Elections, came forward to present SB 185. She explained the bill
is an attempt to comply with the federal "motor voter" law of 1993.
MS. FENUMIAI remarked that the State of Alaska has not been able to
maintain or purge its voter lists since 1993 due to federal law.
The last time legislation was passed to address this problem, it
was found in violation of the federal law and a suit was brought
against the state by the U.S. Department of Justice.
MS. FENUMIAI commented that the new process set out in the bill
would initially require an address verification card be mailed to
all voters on the rolls. Those who return their cards would have
their address updated or be removed from the rolls, whichever they
indicated on the returned card. Cards that are returned with new
mailing addresses and those that come back "undeliverable" would
need to be sent an additional notice, according to the federal law.
Those voters would then have 45 days to respond to that second
notice. If they did not do so, they would be placed on an inactive
list. If the division does not hear from them through the next two
federal general elections they would be removed from the rolls.
CHAIRMAN GREEN asked when the first mailing would be if this bill
passed in a timely fashion. MS. FENUMIAI believed it would begin
January 1999.
MS. KATHLEEN STRASBAUGH, representing the Department of Law, agreed
with that date. She believed if it could be pre-cleared, the
mailing could go out immediately after the bills passage. She said
pre-clearance is mandated by the Voting Rights Act. She mentioned
it is somewhat unlikely everything will fall into place, but it is
technically possible.
SENATOR MILLER expressed his personal opinion that sending three
notices to every voter is overkill, and asked how it would be
possible to purge the names of those 39,000 people who do not
respond and yet remain on the rolls, according to the chart
provided by the division.
MS. FENUMIAI said there are other methods of removing people from
the list. The division is in contact with vital statistics as well
as checking the paper for obituaries. SENATOR MILLER remarked it
just seemed they were going backwards. He repeated his question
about purging those 39,000 names who remain.
MS. FENUMIAI replied that the federal law does not allow removal of
these voters except by established procedures.
CHAIRMAN GREEN said it was her understanding that the division had
no other option than to send its initial mailing to every voter.
MS. FENUMIAI replied that was correct, the federal law prohibits
targeting people for non-voting.
SENATOR MACKIE expressed concern that money might be saved by
identifying active voters and not mailing to them, but he had
previously received the same information in response to an inquiry.
SENATOR WARD added that he had received mail from the state and he
wanted to know how to prevent the mailing from carrying a picture
of the Governor or Lt. Governor. MS. FENUMIAI responded that the
draft proposal did not contain pictures. SENATOR WARD countered
that he was not referring to the draft but to the law itself and
wanted to know if this could be prevented. MS. FENUMIAI noted that
the majority of the publications of the division do not carry
pictures and SENATOR WARD argued he was not talking about the
majority of publications but this particular one. MS. FENUMIAI
replied that the names nor the pictures appear on the forms at this
time and it is her assumption that they would not.
SENATOR WARD asked if that provision could be included in the bill
and MS. FENUMIAI said if that was the will of the committee they
would follow the law. MS. STRASBAUGH added that this is a policy
choice.
SENATOR WARD agreed and said he wanted it done.
SENATOR MACKIE voiced his support for the bill. He said he had
recently viewed the divisions new ballot counter and was impressed.
He said his attention was grabbed by the fact that there are more
people registered to vote than actually living in the state.
GAIL FENUMIAI informed the committee that the numbers she has
received from the Department of Labor record 414,000 age-eligible
people in the state. MS. FENUMIAI said there are currently 440,000
people on the rolls of the division of elections.
SENATOR MACKIE clarified that if every single person eligible to
vote were registered that number would equal 414,000 people. MS.
FENUMIAI said that was correct.
SENATOR MACKIE mentioned that there is a significant cost
associated with candidate mail outs that candidates incur when the
list is inaccurate. He said he is also concerned that the list
creates the perception of a low voter turnout.
MS. STRASBAUGH commented it is important not to prohibit the
responsible official from signing the transmittal document or
mailing.
SENATOR MILLER agreed with SENATOR MACKIE's comment that many
states have had their numbers thrown off by the "motor voter" law
and he hopes eventually Congress will give states more flexibility
to clean up their lists. He indicated SENATOR WARD was likely
referring to color pictures and not a simple signature. He said it
is important that it stay a state document and not become a
campaign document for anybody.
SENATOR WARD said he has no problem with the Director of the
Division of Elections signing the document or even being pictured
on it. MS. FENUMIAI repeated that whatever the law is, the director
will carry it out. SENATOR WARD understood this, but surmised that
the director is also appointed by the Governor and Lt. Governor and
will follow their instructions.
SENATOR MACKIE said he had some concern with the fiscal note but
was confident it reflected the true cost of the project and would
be further scrutinized by the finance committee.
CHAIRMAN GREEN asked for clarification of the time line. She asked
if the first mailing, before the 1998 general Election, would go to
everyone. MS. STRASBAUGH said it would and the division would send
second notices to those people with whom they have had no contact
in two calendar years. She specified contact could take the form of
voting, calling the division, applying for an absentee ballot, or
signing an initiative petition.
CHAIRMAN GREEN inquired if the cancellation came after two general
elections and MS. STRASBAUGH said that is correct. CHAIRMAN GREEN
imagined then the process would be concluded within three years and
MS. STRASBAUGH said that is also correct.
MS. FENUMIAI mentioned the federal law requires the state bear the
cost of all postage mailed to and returned from voters, and this,
along with printing, represents the majority of the fiscal note.
CHAIRMAN GREEN asked if there would be any way to gather
information at the general election and MS. FENUMIAI responded that
might not follow the federal law. KATHLEEN STRASBAUGH remarked this
might be viewed as targeting.
SENATOR MACKIE asked, more generally, if the Division of Elections
will do everything in the most cost effective way possible to meet
federal law. MS. FENUMIAI replied they would.
SENATOR MILLER suggested the division might want to research
options before the bill reaches the finance committee and again MS.
FENUMIAI replied they would.
MS. WILDA HUDSON testified via teleconference from Anchorage on
behalf of the League of Women Voters. Generally, she supported both
SB 183 and SB 185. She appreciated being able to speak on these
bills.
MS. CAROL DICKASON, also from the League of Women Voters, also
testified via teleconference from Anchorage. She pointed out the
possibility that section 3 of SB 185 conflicts with section 9 of SB
183. She expressed concern that the definition of "contact" might
prove to be cumbersome for the Division of Elections. She also
noted that the bills have different effective dates and wondered if
that might be a problem.
KATHLEEN STRASBAUGH explained that the bills are drafted to stand
alone. She said any inconsistencies between the two bills, if
passed, would be remedied by the Revisor of Statutes.
GAIL FENUMIAI addressed the question brought up by MS. DICKASON,
saying it would not be a burden to allow initiative signatures to
be processed in order to qualify as "contacts". MS. STRASBAUGH
added that having numerous methods of contacting the division
reduces the risk of being charged with targeting certain voters.
SENATOR WARD asked if the concern regarding the effective date had
been addressed and CHAIRMAN GREEN explained the effective date
would be automatically triggered in 90 days in the absence of a
specific date. MS. STRASBAUGH said the bills were designed this
way; it would be more convenient if they both passed together but
at this point cleaning up the rolls was more of a priority.
SENATOR WARD mentioned he would follow up on his concern about
pictures on the mailings. He then moved SB 185 out of committee
with individual recommendations and the accompanying fiscal note.
Without objection, it was so ordered.
SB 183 - VOTING & ELECTIONS
GAIL FENUMIAI presented this bill as a comprehensive clean up of
various election issues. She commented that a large part of the
bill was occupied with changing the term "questioned ballot" to
"special review ballot". She said some voters are irritated by the
term "questioned" and the new term better represents the true
nature of the ballots. She proposed to extend the deadline for
absentee voting by fax to 5:00 p.m. the day prior to the election.
She said the bill also exempts the division from checking three
bids for transportation of ballots; this results from the fact that
there is only one carrier who can correctly transport the ballots.
She added the bill also clarifies what portion of a ballot will be
counted in a case where a person moves within the 30 days before
the election. She informed the committee that this simply codifies
the current policy in place. KATHLEEN STRASBAUGH said this last
change is in line with a court decision and makes the current
policy crystal clear.
TAPE 98-6, SIDE B
Number 001
CHAIRMAN GREEN asked if the last change meant if you moved you can
only vote on the seats that still apply to your new residence and
MS. FENUMIAI replied that was correct.
GAIL FENUMIAI explained that sections 1, 32, and 39 give the
division the authority to conduct Regional Educational Attendance
Area (REAA) and Coastal Resource Service Area (CRSA) elections, by
mail, in unincorporated areas that do not have municipal elections.
CHAIRMAN GREEN asked what happens in those districts now and GAIL
FENUMIAI replied the division now pays for in-person elections,
which are expensive.
CHAIRMAN GREEN asked when this would be instituted and MS.
FENUMIAI responded it would be after the effective date. CHAIRMAN
GREEN expressed concern that this would be done before any purge
occurs. GAIL FENUMIAI said the division currently does elections
totally by mail for things such as a local liquor option,
incorporation or dissolution.
SENATOR MACKIE clarified that these things were already happening
and this bill will just put them in statute. He cited the fact that
mail-in elections often have a higher turn out and MS. FENUMIAI
agreed.
CHAIRMAN GREEN asked if the wording of the bill was specific enough
to withstand challenges from people in other districts. KATHLEEN
STRASBAUGH replied that the statute would have to be much further
changed for that to happen. She said also this only applies to
elections run by the division of elections, not those run by local
governments.
MS. FENUMIAI continued, explaining sections 34 through 37 make
minor changes concerning the official election pamphlet, basically
clarifying that some material printed is both provided and paid for
by the candidate. These sections also extend the deadline for
receipt of information from presidential candidates. They do not
currently receive this information on time and would like to have
the statute conform with common practice.
CHAIRMAN GREEN asked why the "provided and paid for" change was
necessary and MS. FENUMIAI explained there was a problem in 1996
with the inclusion of some remarks perceived as derogatory printed
in the election pamphlet and blamed on the division of elections.
SENATOR MACKIE proposed an amendment to section 37 of the bill
regarding immunity. He said it is not fair for the department to be
sued for what a candidate writes, however, his concern was that
this section would provide blanket immunity for everyone. He said
his amendment merely allows suit if an employee inserts false
statements into the election pamphlet. He said the division has no
problem with it and they crafted the language. He moved this
amendment as amendment #1 (Mackie). CHAIRMAN GREEN objected for the
purpose of an explanation.
KATHLEEN STRASBAUGH explained she did draft the amendment in
response to an objection from SENATOR DONLEY. She reviewed it with
risk management advisors and tort lawyers and they all affirmed it
did address the Senator's concerns.
CHAIRMAN GREEN asked if "knowingly with malice" is a high standard
of proof and MS. STRASBAUGH said it is. She mentioned the
possibility of a problem when the division prints suspicious
material. She said this amendment is aimed at a person who would
knowingly submit false statements. She does not believe this person
would be defended anyway, but says this has been a gray area and a
comprehensive bill like this one is a good place to clear it up.
SENATOR MACKIE concurred and says the immunity remains very broad
while allowing for the prosecution of malicious acts.
CHAIRMAN GREEN removed her objection and so the amendment passed.
MS. NANCY SONAFRANK, also representing the League of Women Voters,
testified via teleconference from Fairbanks. She agreed with the
previous representatives for the League and added her particular
support for changes to the manner of voting by personal
representative. She said this has been widely used in the Pioneers'
Homes and has historically been difficult and time consuming. She
appreciates the changes to this process and thinks they provide
additional security to the procedure.
CHAIRMAN GREEN referred to page 8, line 11 and asked for a
definition of "an agent of the voter's employer." KATHLEEN
STRASBAUGH said that would mean someone acting on behalf of an
employer. She believes the term is well defined in the common law
and is appropriate to use. CHAIRMAN GREEN wondered if it was a
supervisor versus a co-worker and SENATOR MACKIE inquired if the
idea was that employers would use their status to influence votes.
MS. STRASBAUGH presumed so, saying the idea was both influence and
coercion along with the assumption that a union may have a
political agenda. She said it is also in compliance with the
federal law. CHAIRMAN GREEN remarked she thought it could cause
confusion and might be tightened up.
CHAIRMAN GREEN cited page 14, line 22 and recalled SENATOR WARD's
concern. GAIL FENUMIAI replied that it is required in statute that
the Permanent Fund publish the balance of the fund for the two
years prior in the election booklet. She asserted this language is
only creating consistency with the federal law.
CHAIRMAN GREEN questioned line 20 on the same page and MS.
FENUMIAI said the reason for the removal of the word "party" is to
disallow the division to conduct an election by mail if there is a
regular primary election at that time.
SENATOR MACKIE asked if all the changes in the bill were technical
and conforming changes and GAIL FENUMIAI agreed that was correct.
She said the aim is to make corrections and improve service to
voters while reducing confusion for both voters and candidates.
CHAIRMAN GREEN asked if a candidate was prevented from being a
personal representative and KATHLEEN STRASBAUGH said she was not
sure. She then said under the present statute it is prevented and
this may have been overlooked in transcription.
SENATOR MACKIE asked if they needed a motion to reinsert the
prohibition that would appear after the letter "g" and read; "a
candidate for office at that election may not act as a personal
representative." SENATOR MACKIE moved the reinsertion of that
sentance. Without objection, it was so ordered.
GAIL FENUMIAI added one last note that federal law currently
contains a specific exemption from federal unemployment tax for
certain election workers. MS. FENUMIAI explained this provision is
not automatic, but must be incorporated into a state's statutes.
She said there was a representative from the Department of Labor
here to testify to this.
MR. DWIGHT PERKINS, Department of Labor, advocated an amendment
adding a section to conform with the federal law and allow the
unemployment tax exemption. He said it does not affect anyone's
budget and he encouraged the committee to adopt it.
CHAIRMAN GREEN clarified that this amendment simply excludes
election workers who do not make more than $1000 from paying
unemployment tax. MR. PERKINS agreed.
SENATOR MACKIE moved this idea as a conceptual amendment and there
was no objection. CHAIRMAN GREEN said the bill would be held and
these changes would be incorporated into a committee substitute.
Upon hearing that, SENATOR MACKIE withdrew his amendment. GAIL
FENUMIAI noted that this amendment would also require a title
change.
WILDA HUDSON spoke again and said SB 183 would make things easier
for voters and therefore the League supports it. She liked the
change from "questioned" to "special review" ballot and expressed
particular support for section 19 regarding voting by personal
representative.
MS. HUDSON pointed out that the inclusion of "5:00 p.m." could be
confusing to different time zones. CHAIRMAN GREEN asked if the
statutes assume Alaska Standard Time and KATHLEEN STRASBAUGH
answered yes.
CHAIRMAN GREEN also expressed her desire for a secure, reliable
method of voing by personal representative. She asked MS. HUDSON if
she could review this section and give the committee her feedback.
MS. HUDSON assured that she would and mentioned some election
workers had already looked at it and feel comfortable with it.
MS. CAROL DICKASON restated her support for both bills.
SENATOR MACKIE expressed his appreciation to the Division of
Elections for this long overdue clarification and clean-up.
CHAIRMAN GREEN announced, with no further business to come before
the committee, they were adjourned.
| Document Name | Date/Time | Subjects |
|---|