HB 178-ELECTION PROCEDURES  9:14:10 AM CHAIR LYNN announced that the next order of business was HOUSE BILL NO. 178, "An Act relating to election practices and procedures; and providing for an effective date." [Before the committee was CSHB 178(CRA).] 9:14:29 AM CECILE ELLIOT, Staff, Representative Bill Thomas, Alaska State Legislature, presented HB 178 on behalf of Representative Thomas, sponsor. She paraphrased the first paragraph of the sponsor statement, which read as follows [original punctuation provided]: In 2009 Congress passed the MOVE Act which outlines procedures that make it easier for overseas military and civilians to use our electoral system. Overseas military personnel and civilians represent 61,000 of Alaska's eligible voters. These voters face a myriad of challenges when pursuing their fundamental right to vote. Additionally, those who live in remote areas of the state experience similar challenges. In 2010 approximately 41,000 voters voted absentee in Alaska. CSHB178 increases the accessibility of our electoral system for these voters by expanding absentee voting. MS. ELLIOT explained that the "MOVE" Act stands for the "Military and Overseas Voter Empowerment" Act, and it was passed by U.S. Congress in October 2009. She turned again to paraphrasing the remainder of the first page of the sponsor statement, which read as follows [original punctuation provided]: CSHB 178: time for voters to receive information. One of the greatest concerns for military and overseas voters is the amount of time to receive and return their ballot. (This assists the Department in accommodating the 45 day requirement established under MOVE) burden of our military voters from finding a witness when stationed remotely. electronic transmission allowing for the delivery of ballots and information to be distributed via email. This is another provision that addresses the challenges of the voter to receive the ballot in a timely manner and returned. ballot to 10 days aligning it with the 10 day deadline for domestic absentee ballots. It also allows more time for the department to finalize ballots and send them out to our military and overseas voters. (Further assisting the accommodation of the 45 day MOVE ballot distribution time for military and overseas voters). ballots. This further expands access options for our rural and remote voters to receive and return their absentee ballot. age, overseas, to vote. If the parents lived in Alaska prior to going overseas their child who comes of age overseas may apply to vote absentee for federal elections in Alaska. o CHANGES MADE IN COMMUNITY AND REGIONAL AFFAIRS COMMITTEE candidate by the director, notice must be provided to the candidate, other candidates in the race and to the individual filing the candidacy complaint, if applicable. A challenge may be made to this decision within 15 days and the director must respond to the challenge within 15 days. letter of intent, nominating petition is open to public inspection. 9:20:25 AM The committee took a brief at-ease at 9:20 a.m. 9:20:30 AM REPRESENTATIVE GRUENBERG asked, "Does Section 1 only allow the child to vote in the Presidential election - no other election?" MS. ELLIOT answered yes. REPRESENTATIVE GRUENBERG asked what the reason is behind not allowing a child of an Alaskan family, who turns voting age when the family is outside the state, to vote in the election district of the family for all political offices. MS. ELLIOT responded that a person who is not an Alaska resident cannot vote in a state race. REPRESENTATIVE GRUENBERG directed attention to Section 27, which references AS 15.20.081(h), which read as follows: (h) Except as provided in AS 15.20.480, an absentee ballot returned by mail from outside the United States or from an overseas voter qualifying under AS 15.05.011 that has been marked and mailed not later than election day may not be counted unless the ballot is received by the election supervisor not later than the close of business on the 15th day following the election. REPRESENTATIVE GRUENBERG asked if there would still be a cut-off [date for receiving ballots back from the voter] if AS 15.20.081(h) is repealed. MS. ELLIOT explained that under HB 178, the cut-off time for receipt of ballots after an election would be changed to 10 days; therefore, AS 15.20.081(h) is no longer needed. REPRESENTATIVE GRUENBERG expressed concern that a shorter period would disenfranchise some people. MS. ELLIOT pointed out that the timing of the primary would be changed also, so that the voter would actually have more time "on the front end of that"; the voter would receive the ballot 45 days ahead. She said there is also a provision in the bill that would allow the overseas or military voter to receive a ballot via e-mail. 9:24:47 AM REPRESENTATIVE GRUENBERG observed that Section 14 of the bill would change the date of the primary election from the fourth to the second Tuesday in August of every even-numbered year. He said he would like to know the justification for proposing that change, because the result would be a shortened campaign period. REPRESENTATIVE SEATON, in response to comments from Representatives Wilson and Gruenberg, asked Ms. Elliot to confirm that the reason for changing the primary date from the fourth Tuesday to the second Tuesday is to comply with federal mandate found in the aforementioned MOVE Act. MS. ELLIOT responded that is correct. 9:28:20 AM GAIL FENUMIAI, Director, Division of Elections, Office of the Lieutenant Governor, turned focus to Representative Gruenberg's previous question as to why the group of voters described in Section 1 would be able to vote only in a federal election. She explained that the children who turn 18 while overseas with their parents were not residents of Alaska in the house district in which they seek to vote for at least 30 days prior to the election. 9:29:58 AM REPRESENTATIVE GRUENBERG offered his understanding that there is nothing in the law that says a minor cannot become a resident. He further recollected that if a parent is a resident of the state, then that impacts whether their child is a resident. He expressed concern regarding the voting rights of those children. MS. FENUMIAI deferred to Legislative Legal and Research Services. 9:31:10 AM ALPHEUS BULLARD, Attorney, Division of Legal and Research Services, Legislative Affairs Agency, stated that under Article V, Section I, of the Constitution of the United States, a voter must be a resident of the district in which he/she seeks to vote for a minimum of 30 days prior to the election in which he/she seeks to vote, except for the purpose of voting for President or Vice President. 9:32:00 AM REPRESENTATIVE GRUENBERG offered his understanding that a child's residency at the time he/she left the state continues, even though the child may have been out of state. He said, "I would be very hesitant to deny those children the right to vote without first obtaining a judicial decision in this matter." 9:33:32 AM MR. BULLARD responded that if a child, who is over 18, was a resident (before moving overseas), then he/she was already able to vote. The proposed legislation addresses those who were never able to vote before turning 18 while overseas. REPRESENTATIVE GRUENBERG said he would speak with Mr. Bullard privately. 9:34:36 AM MS. FENUMIAI, regarding Representative Gruenberg's previous question regarding the repeal of AS 15.20.081(h), echoed Ms. Elliot's statement that even though the voter would have five less days at the end of the total days with a ballot, he/she would, under HB 178, have an increased number of days at the front end; therefore, the voter would actually have possession of the ballot for an increased number of days. 9:35:32 AM MS. FENUMIAI, in response to Representative Gruenberg, explained that the difficulty in allowing those extra 5 days post primary election has to do with the turnaround time in getting general election ballots to those voters. She offered further details. REPRESENTATIVE GRUENBERG questioned why the change is necessary now, when the division has been making the current timing work. He asked how many people would be disenfranchised under HB 178. MS. FENUMIAI explained that the 2010 General Election was the first time the division was required, under the MOVE Act, to get ballots to overseas and military voters 45 days before the election, and because of other deadlines, the division had only three days in which to get the ballots ready. She said the more time the division has between the end of the primary and getting ballots out for the general election, the better chance it has of meeting the requirements of the MOVE Act. She estimated that knocking five days off of the post-primary processes resulted in less than 50 ballots that did not make it in to the division within that five-day window. 9:38:58 AM REPRESENTATIVE P. WILSON expressed concern about this issue. She opined that if people get their ballots post marked in time, then those ballots should be counted. She said every ballot counts. 9:40:20 AM MS. FENUMIAI, in response to Representative Wilson, said the MOVE Act does not speak to the timeframe for when ballots can be received. She reiterated that [shortening the time by which the primary ballot must be returned] helps the division in meeting the 45-day requirement. REPRESENTATIVE P. WILSON responded that she understands the 45- day requirement, but questions shortening the time on the other end. She stated that people should have the right to wait to vote until election day, whether they live in state or overseas. 9:42:07 AM MS. FENUMIAI responded that everyone has the right to vote up to election day. This provision would require all ballots to reach the division by 10 days following an election, irrespective of their origin. She offered to get more specific information to the committee. 9:42:55 AM REPRESENTATIVE JOHANSEN offered his understanding that Ms. Fenumiai had said the division needs more time between the primary and general elections to do its business. He ventured that if the primary is being moved earlier by two weeks and AS 15.20.081(h) is not repealed, then the net gain between the primary and general election will be nine days. He asked for feedback from the sponsor regarding the motivation for proposing the repeal of AS 15.20.081(h) in Section 27. 9:44:48 AM MS. ELLIOT responded that the bill sponsor worked with the division in order to accommodate the MOVE Act. Taking the five days off would allow the division to provide for that 45-day requirement with greater ease. She stated, "I understand that it's being interpreted as less time, but the whole intention of the bill is to provide more time for these voters to vote. And if the ballots are received in the time frames of this bill, then the division has a greater ability to provide for these voters." 9:45:48 AM REPRESENTATIVE JOHANSEN reviewed that by "keeping the current statute" the division would achieve its goal of getting more time, because "you're keeping five extra days." He offered his understanding that Ms. Fenumiai had testified that "the changing from 15 to 10 days" had nothing to do with the MOVE Act, but was simply a matter of facilitating getting work done. 9:46:33 AM REPRESENTATIVE P. WILSON suggested that if the five days is so important, then the [primary] election could be changed to the first week of August rather than the second. 9:47:00 AM CHAIR LYNN announced that HB 178 was held over.