HB 3 - PHOTO IDENTIFICATION VOTING REQUIREMENT  1:28:54 PM CHAIR KELLER announced that the next order of business would be HOUSE BILL NO. 3, "An Act relating to voter identification at the polls; and relating to the counting of absentee and questioned ballots." 1:29:04 PM REPRESENTATIVE LYNN, speaking as one of the joint prime sponsors, characterized HB 3 as a good bill, and offered his understanding that nothing in it would prevent anybody who is registered to vote and who is motivated to vote, from voting. He said, "They can identify themselves by photo ... [identification (ID)], two forms of non-photo ID; they can be recognized by two election workers or cast a question ballot." "It's our intent not to disenfranchise anybody, but safeguard our precious right to vote in this state," he remarked, and urged the committee's favorable consideration of HB 3. 1:29:46 PM REPRESENTATIVE FOSTER made a motion to adopt Amendment 1, labeled 28-LS0010\U.2, Bullard, 4/6/13, which read: Page 1, line 4, through page 2, line 29: Delete all material and insert:  "* Section 1. AS 15.15.225(a) is amended to read: (a) Before being allowed to vote, each voter (1) in a community that has a population of  less than 5,000 shall exhibit to an election official one form of identification, including (A) [(1)] an official voter registration card, driver's license, state identification card, current and valid photo identification, birth certificate, passport, or hunting or fishing license; or (B) [(2)] an original or a copy of a current utility bill, bank statement, paycheck, government check, or other government document; an item exhibited under this paragraph must show the name and current address of the voter; (2) in a community that has a population of  5,000 or more shall exhibit to an election official  (A) one form of personal identification  that contains a photograph; under this paragraph,  permitted forms of photographic identification include  a valid  (i) Alaska driver's license;  (ii) identification card issued by a  branch, department, agency, or entity of the state,  any other state, or the United States government;  (iii) United States passport;  (iv) employee identification card issued by  any branch, department, agency, or entity of the  United States government, the state, or a municipality  of the state;  (v) United States military identification  card;  (vi) student identification card issued by  a high school or an accredited institution of higher  education, as that term is defined under AS 23.20.520,  located in the state;  (vii) tribal identification card; or  (B) two forms of personal identification  that do not contain a photograph; under this  paragraph, permitted forms of identification without a  photograph include  (i) the original or a certified copy of the  birth certificate of the voter;  (ii) certified naturalization documents of  the voter;  (iii) a certified copy of the voter's court  record of adoption, marriage, or name change;  (iv) a valid identification card, license,  or permit issued by any branch, department, agency, or  entity of the United States government or the state;  (v) a valid tribal identification card or a  valid card issued by an Indian health program, as that  term is defined in 25 U.S.C. 1603.  * Sec. 2. AS 15.15.225(b) is amended to read: (b) In a community that has a population of less  than 5,000, an [AN] election official may waive the identification requirement if the election official knows the identity of the voter. In a community that  has a population of 5,000 or more, the identification  requirement may only be waived if two election  officials know the voter. The identification requirement may not be waived for voters who are not  on the precinct voter registration list or for voters who are first-time voters who initially registered by mail or by facsimile or other electronic transmission approved by the director under AS 15.07.050, and did not provide identification as required in AS 15.07.060. If the identification requirements are  waived for a voter under this subsection, the election  official or officials who know the voter shall sign  beside the voter's name in the register kept under  AS 15.15.180." Renumber the following bill sections accordingly. CHAIR KELLER objected. REPRESENTATIVE FOSTER - referring to what he termed the unique circumstances/situations faced by those living in rural Alaska, and remarking that some of the rural communities in his district have a population of less than 100 - explained that Amendment 1 would exempt communities with a population of less than 5,000 from the [voter-identification] requirements outlined in HB 3, essentially leaving the current statutory requirements in place for voters living in such communities. Under current law, things like hunting licenses and utility bills, for example, are also sufficient to establish identification for purposes of voting, and in order for the statutory voter-ID requirements to be waived, only one election official need know the voter. He acknowledged, however, that a memorandum from Legislative Legal and Research Services dated April 7, 2013, indicates that Amendment 1 would raise constitutional equal-protection problems by establishing different identification requirements in different areas of the state [based on population]. REPRESENTATIVE FOSTER therefore then withdrew Amendment 1. REPRESENTATIVE GRUENBERG opined, however, that because of the lack of accessibility in rural areas of Alaska to identification resources, if the state could demonstrate to the court that a fundamental right is at issue and that providing for different identification requirements is the appropriate approach to ensure that right given that lack, then the changes proposed by Amendment 1 might indeed withstand a constitutional challenge. Furthermore, if Amendment 1 were to be adopted, a severability clause could also be added to the bill. REPRESENTATIVE FOSTER relayed that he would instead be pursuing the issues addressed by Amendment 1 further as HB 3 continues through the process. 1:36:31 PM REPRESENTATIVE GRUENBERG made a motion to adopt Amendment 2, labeled 28-LS0010\U.1, Bullard, 4/4/13. He offered his understanding that Amendment 2 would make it a little easier for people to register to vote. [Because of its length, Amendment 2 is provided at the end of the minutes on HB 3.] CHAIR KELLER ruled Amendment 2 out of order in that its text constitutes legislation currently in the possession of another committee. 1:38:31 PM JEFFREY A. MITTMAN, Executive Director, American Civil Liberties Union of Alaska (ACLU of Alaska), noting that he'd previously testified on HB 3 and provided the committee with written comments, reiterated that the ACLU of Alaska believes that there are several constitutional infirmities with the bill. CHAIR KELLER closed public testimony on HB 3. REPRESENTATIVE FOSTER referred to some of the items in HB 3's proposed lists of acceptable forms of required identification, and pointed out that many people living in rural Alaska - particularly many Native elders - don't have any such pieces of identification or any way to obtain them. Furthermore, in some rural communities, finding even one person to serve as an election official can be difficult, thereby raising a concern regarding the bill's proposal to require two election officials to know the person for purposes of waiving the identification requirements. "I just want to be ... expansive and inclusive ... [of folks] being able to vote, and ... things are so different in rural Alaska ... you really don't need ID," he remarked. REPRESENTATIVE LYNN, in conclusion, said the whole purpose of HB 3 is to help safeguard Alaska's voting process. 1:42:46 PM REPRESENTATIVE PRUITT moved to report HB 3 out of committee with individual recommendations and the accompanying fiscal notes. There being no objection, HB 3 was reported from the House Judiciary Standing Committee. AMENDMENT(S) Amendment 2 [Labeled 28-LS0010\U.1, Bullard, 4/4/13] (ruled out of order): Page 1, line 1, following "An Act": Insert "relating to voter registration and  questioned ballots; permitting a voter to register up  to or on the day of an election;" Page 1, following line 3: Insert new bill sections to read:  "* Section 1. AS 15.05.010 is amended to read: Sec. 15.05.010. Voter qualification. A person may vote at any election who (1) is a citizen of the United States; (2) is 18 years of age or older; (3) has been a resident of the state and of the house district in which the person seeks to vote for at least 30 days just before the election; and (4) has registered [BEFORE THE ELECTION] as required under AS 15.07 and is not registered to vote in another jurisdiction.  * Sec. 2. AS 15.07.070(d) is amended to read: (d) Qualified voters may register in person before a registration official or through a voter registration agency at any time throughout the year. A  qualified voter who registers [, EXCEPT THAT A PERSON REGISTERING] within 30 days preceding an election or  on the day of an election shall vote a questioned  ballot [IS NOT ELIGIBLE TO VOTE] at that election. Upon receipt and approval of the registration forms, the director or the election supervisor shall forward to the voter an acknowledgment in the form of a registration card, and the voter's name shall immediately be placed on the master register. Names of persons registering 30 or more days before an election shall be placed on the official registration list for that election.  * Sec. 3. AS 15.07.090(d) is repealed and reenacted to read:  (d) A voter who has failed to request a transfer as provided in (c) of this section or a person who claims to be a registered voter, but for whom no evidence of registration in the precinct can be found, shall vote a questioned ballot. The director or the director's representative shall determine whether a voter for whom no evidence of registration in the precinct is found is registered in that house district before counting the ballot.  * Sec. 4. AS 15.15 is amended by adding a new section to read: Sec. 15.15.212. Election day voting by questioned  ballot outside a voter's house district. (a) Notwithstanding AS 15.05.010(3), a qualified voter who has been a resident of the state and of a house district for at least 30 days before an election, but who is absent from that house district on election day, may vote a questioned ballot at a polling place outside that district on election day. (b) For purposes of (a) of this section, the director shall (1) supply all polling places with ballots for all house districts in the state; the director may provide the ballots under AS 15.15.032, 15.15.050, or AS 15.20.030; (2) provide each voting official with a means of determining, by address, the appropriate house district ballot for a qualified voter voting a questioned ballot under this section; and (3) provide each polling place with a separate ballot box for questioned ballots cast under this section.  * Sec. 5. AS 15.15.215(a) is amended to read: (a) A voter who casts a questioned ballot in the  voter's house district shall vote the ballot in the same manner as prescribed for other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in the ballot box. When the ballot box is opened, the envelopes shall be segregated, counted, compared to the voting list, and delivered to the official or body supervising the election. The merits of the question shall be determined by this official or body in accordance with the procedure prescribed for questioned ballots [VOTES] in AS 15.20.207.  * Sec. 6. AS 15.15.215 is amended by adding a new subsection to read: (c) A voter who casts a questioned ballot at a polling place outside the voter's house district under AS 15.15.212 shall vote the ballot in the same manner prescribed for other voters. The voter shall insert the ballot into a secrecy sleeve and put the secrecy sleeve into an envelope on which the statement the voter previously signed is located. The envelope shall be sealed and deposited in a ballot box provided by the director under AS 15.15.212(b) for out-of-district questioned ballots. When the ballot box is opened, the envelopes shall be segregated, counted, and delivered to the director." Page 1, line 4: Delete "Section 1" Insert "Sec. 7" Renumber the following bill sections accordingly. Page 2, following line 29: Insert new bill sections to read:  "* Sec. 9. AS 15.15.350(a) is amended to read: (a) The director may adopt regulations prescribing the manner in which the precinct ballot count is accomplished so as to ensure accuracy in the count and to expedite the process. The election board shall account for all ballots by completing a ballot statement containing (1) the number of official ballots received; (2) the number of official ballots voted; (3) the number of official ballots spoiled; (4) the number of official ballots unused and either destroyed or returned for destruction to the elections supervisor or the election supervisor's designee. The board shall count the number of questioned ballots cast by voters registered to vote in the house  district and compare that number to the number of questioned voters in the register. Discrepancies shall be noted and the numbers included in the certificate prescribed by AS 15.15.370. The election board, in hand-count precincts, shall count the ballots in a manner that allows watchers to see the ballots when opened and read. A person handling the ballot after it has been taken from the ballot box and before it is placed in the envelope for mailing may not have a marking device in hand or remove a ballot from the immediate vicinity of the polls.  * Sec. 10. AS 15.15 is amended by adding a new section to read: Sec. 15.15.367. Counting and review of out-of- district questioned ballots. The director shall examine each questioned ballot cast under AS 15.15.212 in the manner provided in AS 15.20.207(b). If a questioned ballot is not rejected, it shall be counted, subject to AS 15.15.360. A questioned ballot cast under AS 15.15.212 may be challenged by an appointed party representative when that ballot is reviewed under AS 15.20.220(b). The director shall follow the procedures provided by AS 15.20.207(h) - (k) for ballots reviewed under this section." Renumber the following bill sections accordingly. Page 4, following line 21: Insert a new bill section to read:  "* Sec. 13. AS 15.15.198(b) is repealed." [End of amendment(s); HB 3 was reported from the House Judiciary Standing Committee.]