HB 79-APPROP: DIVISION OF ELECTIONS 9:00:54 AM CHAIR SEATON announced that the next order of business was HOUSE BILL NO. 79, "An Act making a supplemental appropriation for increased operating costs of the division of elections; and providing for an effective date." 9:01:01 AM LAURA GLASIER, Director, Division of Elections, Office of the Lieutenant Governor, noted that the companion bill to HB 79 was heard by and moved out of the Senate Finance Committee last week. She directed attention to a summary [included in the committee packet] detailing all the unexpected costs incurred by the division last year, which has made it necessary for the division to ask for supplemental funding. 9:02:28 AM REPRESENTATIVE RAMRAS said he's been a voter since the age of 18. He commented on "the energy with which both of the parties approached the absentee ballot opportunity." He observed that it both enhanced the process and undermined it, and it seemed to put undue burden on [the division]. 9:04:42 AM MS. GLASIER said it was an amazing year for division, which is small and provides a lot of service. There were 17 temporary people working. She said the division sent out 80 percent more by-mail absentee ballots [in 2004]. The polling place is not the first choice anymore. She remarked that there is a higher cost associated with making voting more accessible. 9:06:21 AM MS. GLASIER, in response to a comment by Representative Gatto, said abuse of the system happens every election year, but it's usually a senior citizen who forgets that he/she already voted by mail and then shows up to vote at the polls. 9:07:53 AM MS. GLASIER, in response to a request for clarification from Representative Gatto, said the legislature gives the division two appropriations - one for the primary election and one for the general election - and the division has its operation costs. She explained that the division shifted its operating costs to cover elections, which has left the division with no money to operate through the Fiscal Year ending June 30, 2005. 9:09:30 AM MS. GLASIER, in response to a question from Representative Gruenberg regarding why the division used independent counsel rather than using the Department of Law, explained that there was a great deal of concern about removing any appearance of political pressure or advice. 9:10:43 AM MS. GLASIER, in response to a request from Representative Gruenberg, talked about the precedent for combining elections. She mentioned a time when a question that had to be asked of the citizens of Anchorage was added to the general election ballot. 9:11:34 AM REPRESENTATIVE GRUENBERG surmised that the division had a contract or agreement with the municipality [of Anchorage] in the last election [November 2004], and he asked if that contract was "based on the previous contract or agreement." 9:12:05 AM MS. GLASIER answered yes. In response to follow-up questions from Representative Gruenberg, she offered further details regarding the cost of the contract and when it might be billed. 9:12:50 AM REPRESENTATIVE GRUENBERG asked how that money relates to the money that the division is seeking through HB 79. He asked if the money should be deducted from the amount being requested. 9:13:09 AM MS. GLASIER emphatically answered no. She explained that when the municipality of Anchorage repays the state, that money will go into the general fund. She said the division doesn't have statutory program receipt authority. 9:14:16 AM CHAIR SEATON, in response to questions from Representative Gruenberg, clarified that the money being requested through HB 79 would be appropriated from the general fund to the Office of the Lieutenant Governor. 9:15:17 AM CHAIR SEATON, upon determining that no one wanted to testify, closed public testimony. 9:15:41 AM REPRESENTATIVE GATTO asked what happens if the division reaches zero. 9:16:35 AM MS. GLASIER said there is no contingency fund, but the division has never been broke while she has been director. In response to a follow-up question from Representative Gatto, she said there is legislation introduced that addresses other concerns regarding the division. She said the division didn't know when it came before the legislature last year that it would be entering into an agreement with the municipality of Anchorage, or it would have known to build in those costs. She offered other examples of unexpected costs. 9:18:51 AM CHAIR SEATON reminded committee members that the Legislative Council and the Joint Committee on Legislative Budget is there to act [during the legislative interim]. Furthermore, he said he thinks that Ms. Glasier would be reticent to spend money that hadn't been allocated to her division, and "we would be reticent to have her even ... express that we think the administration should start spending money that we haven't appropriated." 9:19:36 AM MS. GLASIER, in response to a question from Representative Ramras, revealed that she has been with the division for two years. In response to a follow- up question from Representative Ramras regarding whether the trend in nonconventional voting will increase, she noted that voting by mail has increased in the last year. However, she pointed out that the numbers are always higher in a presidential year. Another cause for higher voting by mail is the number of men and women overseas [in Iraq]. 9:22:13 AM MS. GLASIER, in response to a question from Representative Gruenberg regarding how much the division will need to make it through the year, said probably more than it is requesting. In response to a follow-up question from Representative Gruenberg, she confirmed that there would be a meeting in the next few days, and she believes she may be able to provide the necessary numbers then. 9:23:27 AM REPRESENTATIVE GRUENBERG suggested holding the bill until then. 9:24:04 AM CHAIR SEATON clarified that additional funds may be requested. He asked Ms. Glasier if [HB 79] would be the appropriate vehicle to which those additional funds should be attached. 9:24:39 AM MS. GLASIER answered, "It could be in this vehicle or another vehicle." She added, "It could be included in the regular supplemental, as well." In response to a follow-up question from Chair Seaton, she said the additional funds are operating costs that were not included in the projection and affect the final number and what is needed. She reported that, as noted in part of the governor's transmittal letter, the projected date the division will be out of funds is by the end of February [2005]. 9:26:24 AM MS. GLASIER, in response to a question from Representative Gatto, said she has not explored what the results of running out at the end of the month would be, because she thinks that the appropriation will make it through. She said, "Sending people home in an election office 22- to 23-people strong throughout the state ... is a critical decision to make." 9:26:57 AM REPRESENTATIVE ELKINS opined that it is important for the division to get the money being requested in [HB 79] now, and he encouraged the committee to move the proposed legislation. 9:27:52 AM MS. GLASIER, in response to a question from Representative Gruenberg, said she would prefer the bill move out of committee today. 9:28:17 AM REPRESENTATIVE GRUENBERG moved to report HB 79 out of committee with individual recommendations. There being no objection, HB 79 was reported out of the House State Affairs Standing Committee.