HOUSE BILL NO. 211 An Act relating to voter registration and to state election administration. Representative Bunde testified in support of HB 211. He 9 stated that HB 211 will correct problems with voter registration that were noticed during the 1994 election. Some of the problems addressed are: Purged voters (inactive voters) who voted questioned ballots without registering, voting by convicted felons, the possibility of deceased people voting, voters assigned to the wrong district, unprocessed address changes, invalid residence addresses, and data processing review board problems. Representative Bunde noted that section 1 of HB 211 changes the way the official voter registration lists are prepared for polling places. Currently, the official list used at each polling place contains only the active registered voters. Under HB 211 the official list will contain inactive and registered voters. He asserted that an official list of inactive but registered voters will allow people who have not voted within the past two years to vote a regular ballot instead of a questioned ballot. He maintained that this will eliminate approximately 1500-2000 questioned ballots statewide, possibly more depending upon who decides to vote. Representative Bunde stressed that the official list will be made available to the public so any member of any district or political party will be able to obtain lists of both active and inactive registered voters. He emphasized that section 2 will give candidates and political parties the opportunity to contact inactive registered voters prior to an election. He asserted that more voters will reactivate themselves by voting. Representative Bunde noted that in the 1994 election seven dead people may have voted. He stated that section 3 directs the Division of Elections to purge the official voter registration list for deceased persons on a monthly basis. Representative Bunde stressed that there is a gap of time between sentencing and the conviction of a felon. If the Division of Elections has not obtained the necessary information from the Department of Corrections regarding felony convictions the names are not purged from the official voter list. He observed that a convicted felon could vote before his/her name is purged. Section 4 directs the Division of Elections to promptly cancel the registration of a person convicted of a felony. After discharge from prison, a person can present proof of a unconditional discharge from custody and become a registered voter again. Representative Bunde noted that during the last election there were 14,144 question ballots statewide, of these 5,131 were counted, 7,883 were partially rejected, and 1,129 were 10 totally rejected. He emphasized that those rejected were not notified of their status until after the election was certified. In response to a question by Representative Mulder, Representative Bunde explained that one list will allow individuals to be listed as an active or inactively active voter. He stressed that current law provides that an actively registered individual could be purged from the list if they have not voted in the last two years. Representative Mulder questioned the effort required to implement the changes during a presidential election year. Representative Bunde estimated that the process would be speeded by the elimination of questioned ballots. Voters on the inactive active list would be allowed to vote without voting a questioned ballot. Representative Mulder asked at what point a convicted felon is allowed to resume their right to vote. PATTI SWENSON, STAFF, REPRESENTATIVE BUNDE explained that felons resume voting privileges after they have been unconditionally released from parole. Representative Bunde noted that section 1 of CSHB 211 (STA) was passed into law with the adoption of SB 5. He stated that section 1 needs to be removed. Representative Mulder MOVED to adopt Work Draft #9-LS0616\M amended to delete section 1 (copy on file). There being NO OBJECTION, it was so ordered. ROBERT MONZNIK, MONTZNIK COMPUTER SERVICES, ANCHORAGE testified via the teleconference network. He spoke in support of the legislation. He recounted problems encountered during the last election. He maintained that election supervisors should not be members of Data Processing Review Boards. He emphasized that the Board's function is to audit ballots in order to assure that they are properly counted. He noted that voters continue to vote outside of the district of their residence. DANA LATOUR, DIRECTOR, DIVISION OF ELECTIONS, OFFICE OF THE LIEUTENANT GOVERNOR expressed concerns by the Division regarding HB 211. She noted that prior to passage of the National Voters Registration Act (NVRA) if a voter did not vote or make contact with the Division the voter would be sent a letter informing them that they have 90 days to respond. Those that failed to respond became inactive. Those that responded would remain active for another two years. She observed that under the NVRA the Division must 11 wait four years until an inactive status change can occur. She noted that HB 349 and SB 182 would bring the Division into compliance with NVRA. She asserted that the majority of voters contacted do not respond because their address is not current. She asserted that most questioned ballots are voted for convenience. She maintained that dual lists will not resolve problems with voters that have moved or are going to the nearest voting place for convenience. She added that convicted felons are kept on the inactive list for 2 years. (Tape Change, HFC 96-27, Side 1) Ms. LaTour stressed that the use of a questioned ballot allows the Division to update voter information and reduces the inactive list. Co-Chair Hanley asked if it would place an additional burden to have more names on one list. He observed that some voters that would vote a questioned ballot under current law would not under the legislation. He asked if extra work created by the legislation would be balanced by the number of people that would not vote questioned ballots. Ms. LaTour noted that there are approximately 60,000 voters on the inactive list. There are over 2,000 inactive voters in one Fairbanks district. She added that if an inactive voter votes a ballot that they should not have voted then the ballot would be commingled with normal precinct registers. She asserted that questioned ballots give one more opportunity to make sure that people are casting ballots in an appropriate manner and that they have the right to vote in that precinct. She stressed that election supervisors are concerned about training the DPR Boards which are only used two times every two years. Co-Chair Hanley suggested that voters that see their names on an inactive list would be as likely to update their voter's registration information as those voting a questioned ballot. Ms. LaTour noted that the Division has the capability to make the inactive list available to the public. She noted that these lists could be used to update voter information during campaigns. Ms. LaTour referred to section 3. She requested that "computer tape" be deleted and "electronic format" be added. Ms. LaTour referred to sections 9 and 10. She observed that sections 9 and 10 provide that voters be notified that their 12 ballot was rejected or that only a portion of their ballot counted. She noted that the legislation would require the Division to provide a summary of the reason for rejection and a copy of the statement for approximately 7,000 rejected ballots. She stressed that the Division does not have a problem with the requirement to provide voters with a summary of the reason for rejection. She stated that the Division is concerned with the requirement to provide "a copy of the statement of the challenge to the absentee ballot." She observed that the Division's computer program can send a summary of the reason that the challenge to the absentee ballot was upheld and the ballot rejected. She stressed that sending a copy of the statement would require staff to find and xerox the actual envelops that would then be attached to the letter. She did not feel that the Division could comply with both requirements within 10 days after completion of the review of ballots by the state review board for a primary election. She added that the Division could provide the summary of the reason for rejection within the time frame. Co-Chair Hanley summarized that the Division could meet the requirement to send a summary of the reason within 10 days, but sending the actual statement would be problematic. Ms. Latour agreed with his assessment. In response to a question by Representative Therriault, Representative Bunde stated that the summary should be adequate. He encouraged the Committee to retain the 10 day requirement. Mr. Montznik agreed that a summary would be adequate. Representative Mulder MOVED to delete "a copy of the statement of the challenge to the questioned ballot; and" in sections 7, 9 and 10, page 3, line 11, and 24 and 25, and page 4, line 15. There being NO OBJECTION, it was so ordered. Representative Mulder MOVED to delete "a computer tape" and insert "an electronic format" on page 2, line 11. Representative Parnell noted that the intent is to make the format more user friendly for consumers. Ms. LaTour agreed that the intent is to allow the easy transfer of information. Co-Chair Hanley noted that the Division retains concerns regarding section 2. Representative Bunde argued in support of section 2. He pointed out that if a person has not voted in two years and still lives in the district they have to vote a questioned ballot under the current system. He argued that a questioned ballot does not necessarily lead to an update in registration information. 13 Representative Mulder suggested that section 2 may encourage more persons to voter. Ms. LaTour clarified that voters will remain on the active voter's registration list for four years under NVRA. Representative Parnell asked if the amendments adopted by the House Finance Committee would reduce the Department's fiscal note. Ms. LaTour noted that staff time would be reduced by $1.5 thousand dollars. In response to a question by Representative Mulder, Ms. LaTour noted that voters will remain on the active list until the issue is resolved. Representative Mulder noted that Alaska has a very mobil population. Ms. LaTour restated that a questioned ballot updates a voter's registration and moves them off of the inactive list. Representative Therriault stressed that most persons are on the inactive list due to inactivity. Representative Bunde asserted that inactive active voters will be removed from the inactive list when they vote. Co-Chair Hanley summarized that a state inactive list could be maintained as long as voters are not purged. To meet federal law the state would maintain a four year active list and a two year inactive list. Ms. LaTour clarified that the State can maintain the same inactive list to meet federal law. Representative Parnell MOVED to report CSHB 211 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered.