CS FOR HOUSE BILL NO. 266(FIN) "An Act relating to questioned ballots and questioned voters, voter registration, training of election officials, preparation of election materials, provision of election materials, forms, and supplies for polling places, voter identification, absentee voting, and counting ballots; and providing for an effective date." This was the first hearing for this bill in the Senate Finance Committee. Co-Chair Wilken stated this bill, sponsored by the House Rules Committee at the request of the Governor, "makes necessary statutory changes to comply with the election reform law signed by President Bush in 2002, named the Help America Vote Act, commonly known as HAVA." LAURA GLAISER, Director, Division of Elections, Office of the Lieutenant Governor, read the sponsor statement into the record as follows. In October 2002, President Bush signed the "Help America Vote Act", (H.R. 3295) into law (P.L. 107-252). HAVA is the result of a bipartisan effort in Congress to make sweeping changes to federal election laws to improve the overall administration of elections, increase accessibility to those with disabilities, and also to prevent voter fraud. Many changes required under HAVA do not require amending Alaska statute, but HB 266 includes those necessary to meet federal mandates. Changes recommended in the bill before you follow the intent of the federal law and do not place unnecessary burdens on the voter. It is imperative that these changes mandated by federal law are passed by the Legislature this year. HB 266 also includes changes the Division recommends. The Division supports the language recommended in Senator Lincoln's SB 24, and it has been included in this bill with her permission. Other changes regarding returning identification/ voter cards to other jurisdictions, reference to a "master list", and adding types of information that can be provided by the voter when registering in person are requested by the Division in this bill. The House State Affairs Committee removed the language suggested by the Division changing the term "questioned ballots" to "provisional ballots." The federal law refers to "provisional voting", (which Alaskans refer to as "questioned voting") and the Division originally recommended changing the references in statute to conform to the federal language. The State Affairs Committee also restored references to the Division sending voters letters regarding the status of their absentee, questioned, or partially counted ballot in addition to the "free access system" required in HAVA. The House Finance Committee substitute removes perhaps the most significant change NOT mandated be the federal act. In the first two versions of the bill the Division recommended replacing the terms "non partisan" and "undeclared" with the term "unaffiliated". As a result, there will be no changes to the current references to "non partisan" and "undeclared". The Division of Elections asks your support of House Bill 266. Senator Bunde spoke to concerns about dual registration and lack of a photograph on voter identification cards. He shared he has reviewed voter lists and found voters registered using a post office box as indication of residency. He opined that enforcement has been "lax" in ensuring that people vote in the districts they reside. He asserted that the proof of residency required to register to vote, including hunting and fishing licenses, a utility bill, bank statement, or government document, could be "stolen from a mailbox" and do not have a photograph of the addressee. He suggested that photo identification is becoming more necessary for air travel, and should therefore be more commonly held by residents and would be a reasonable requirement for registering to vote. Ms. Glaiser noted this legislation does not relate to the act of registering to vote but rather to actual voting. She commented that voter registration cards do not include photo identification. Senator Bunde remarked that photo identification should be required for voting. SARAH FELIX, Assistant Attorney General, Governmental Affairs Section, Civil Division, Department of Law, interjected that photo identification is not required by HAVA and would be a policy call of the Legislature. Senator Taylor offered a motion to report the bill from Committee with individual recommendations and accompanying fiscal note. Senator Taylor then objected to the motion for discussion purposes. Senator Taylor commended on the hard work of the Division staff and director, given the limited funds available. He commented that the intent of this legislation is to comply with federal mandate, although he agreed with Senator Bunde that a "tighter system" is needed. Senator Olson asked about provisions for rural voters who do not posses official photo identification. Ms. Glaiser told of the provision inserted in the bill allowing for special absentee ballots for voters who reside a distance from the polling place. She stated this was done at the request of Senator Georgianna Lincoln. Senator Bunde talked about an incident involving a ballot possibly cast in the name of a deceased person. He asked what proof of identity is required before an absentee ballot is mailed to a voter. Ms. Glaiser replied that applicants must submit a copy of photo identification. Senator Bunde asked about efforts to purge improperly registered voters. Ms. Glaiser replied that this issue would be addressed during the Legislative interim. She noted statutory changes could be required, as the current purge system is based on the Motor Voter Act enacted ten years prior. She relayed she has discussed the matter with the US Department of Justice. Senator Bunde asked if legislation would be necessary to allow for the comparison of voter registration residences with permanent fund dividend applications. Ms. Glaiser assured the legislation before the Committee would allow such comparisons. Senator Olson commented that he does not require photo identification when transporting paying passengers through his air taxi service. Senator Taylor removed his objection to the motion to report the bill from Committee. Co-Chair Wilken referenced the third paragraph of the April 11, 2003 letter from Governor Murkowski [copy on file] introducing this legislation, which reads as follows. …Upon certification of compliance with the HAVA, each state is eligible to receive various payments from the federal government to use in implementing the requirements of the HAVA. Alaska is projected to receive payments of approximately $5,000,000 per year for three years to implement the HAVA. Co-Chair Wilken thanked Ms. Glaiser for her efforts to secure these federal funds. There was no objection and CS HB 266 (FIN) MOVED from Committee with a zero fiscal note #2 from the Department of Administration and a $382,000 fiscal note #3 from the Office of the Governor, Division of Elections. AT EASE 9:09 AM / 9:09 AM