HB 266-ELECTIONS Number 0231 CHAIR WEYHRAUCH announced that the next order of business was HOUSE BILL NO. 266, "An Act relating to elections, questioned ballots and questioned voters, voter registration, training of election officials, preparation of election materials, voter identification, absentee voting, counting ballots, and the primary election; and providing for an effective date." [In committee packets was a new proposed committee substitute (CS), Version 23-GH1133\D, Kurtz, 4/18/03.] CHAIR WEYHRAUCH called HB 266 the omnibus election reform bill. He said that Version D restores the phrase "questioned" ballots as opposed to "provisional" ballots. He said he does not think there was any objection from the administration regarding that change. Number 0296 LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, testified in support of HB 266 and answered questions from the members. She said: Just briefly looking through this, I don't see Representative Gruenberg's amendments in here. We can do that in [the House Finance Committee]; I know that [Representative Gruenberg] has great desire to do that. He called me yesterday and said that he is ill, so we didn't get to meet or discuss that. And I just want to be on the record that we knew that was coming - I gave his staff a suggested way to deal with that - and we can proceed however you'd like. Number 0343 REPRESENTATIVE DAHLSTROM moved to report CSHB 266, Version 23- GH1133\D, Kurtz, 4/18/03] out of committee with individual recommendations and the accompanying fiscal note. CHAIR WEYHRAUCH noted that there was no quorum yet and the committee would have to wait until Representative Berkowitz arrived. [The motion was treated as withdrawn.] He also noted that a motion would have to be made to adopt the proposed CS as a work draft. [Although no formal motion was made, Version D was later treated as adopted.] MS. GLAISER, in response to a question by Chair Weyhrauch, confirmed that the fiscal note would not be changed by Version D. Number 0410 REPRESENTATIVE SEATON brought attention to Amendment 1, labeled 23-GH1133\A.4, which read as follows: Page 12, line 19: Delete "AS 15.20.203(h) is repealed and reenacted to read:" Insert "AS 15.20.203 is amended by adding a new subsection to read:" Page 12, line 20: Delete "(h)" Insert "(j)" Page 15, line 2: Delete "AS 15.20.207(h) is repealed and reenacted to read:" Insert "AS 15.20.207 is amended by adding a new subsection to read:" Page 15, line 3: Delete "(h)" Insert "(k)" Page 15, following line 8: Insert a new bill section to read:  "* Sec. 36. AS 15.20.211 is amended by adding a new subsection to read: (f) The director shall make available through a free access system to each voter whose ballot was subject to partial counting under this section a system to check to see whether the voter's ballot was partially counted and, if not counted, the reason why the ballot was not counted. The director shall make this information available through the free access system not less than 10 days after certification of the results of a primary election and not less than 30 days after the certification of the results of a general or special election." Renumber the following bill sections accordingly. Page 17, lines 11 - 12: Delete "; AS 15.20.203(i), 15.20.207(i), 15.20.207(j), 15.20.211(c), 15.20.211(d), and 15.20.211(e) are" Insert "is" MS. GLAISER, in response to a question by Representative Seaton, indicated that the division does not have a problem with Representative Gruenberg's Amendment 1 as it specifically relates to his desire to have the Division of Elections continue sending letters to those who voted a questioned ballot or absentee ballot for the purpose of notifying the voter as to what part of his/her ballot was counted. Number 0516 The committee took an at-ease from 8:11 a.m. to 8:22 a.m. CHAIR WEYHRAUCH, at 8:23 a.m., announced that for the purpose of waiting for a quorum, the committee would recess to a call of the chair CHAIR WEYHRAUCH reconvened the House State Affairs Standing Committee at 8:47 a.m.. Present at the call back to order were Representatives Weyhrauch, Seaton, Dahlstrom, and Berkowitz. Number 0624 CHAIR WEYHRAUCH offered his understanding that Representative Dahlstrom had moved to adopt the committee substitute (CS) [Version 23-GH1133\D, Kurtz, 4/18/03, as a work draft]; therefore, he stated that [Version D] was before the committee. Number 703 REPRESENTATIVE BERKOWITZ moved to adopt Amendment 1, for discussion purposes [text provided previously]. CHAIR WEYHRAUCH asked Ms. Glaiser if she had had an opportunity to review [Amendment 1], and he asked her what the division's position on it is. MS. GLAISER told the committee that [Amendment 1] is fine with the division. REPRESENTATIVE SEATON asked for clarification about requiring written notice, which he said he does not see in the amendment. MS. GLAISER responded that by deleting the repealers, since notification by mail is currently in law, that provision of law is being left as is. Also, she noted that the free access system is being added. She said, "That's what this amendment allows us." Number 0798 CHAIR WEYHRAUCH indicated that there was no objection to [Amendment 1]; therefore, Amendment 1 was treated as adopted. Number 0816 REPRESENTATIVE SEATON moved to report CSHB 266, Version 23- GH1133\D, Kurtz, 4/18/03, as amended, out of committee with individual recommendations and the accompanying fiscal note. There being no objection, CSHB 266(STA) was reported out of the House State Affairs Standing Committee.