HB 46-PRIMARY ELECTION BALLOTS    CHAIR SEEKINS announced HB 46 to be up for consideration. REPRESENTATIVE MIKE HAWKER, sponsor of HB 46, explained that an item that was at issue during his door-to-door campaign was concern about the changes that were made during last session to our primary balloting process. One has to choose a political party ballot in order to vote in that primary election. The concern that was expressed most often was that people did not want to choose a party ballot, but there were initiatives on the ballot that people wanted to vote on. They were very concerned that they were being cornered into having to capriciously declare a preference in order to vote on an issue. He came up with an issues-only ballot for Alaska's voters to choose. Another element this bill responds to is folks who have a religious conviction and cannot declare a party affiliation. One thing this bill does not do is prejudice any other opinions a legislator might have regarding our balloting process or the initiative process. The bill has a zero fiscal note. The American Civil Liberties Union and the Republican Party of Alaska both testified in favor of this bill. 2:15 p.m.  SENATOR THERRIAULT asked if he explained to his constituents that requesting a particular party ballot is different than declaring affiliation with a party. REPRESENTATIVE HAWKER replied that he had had some very interesting discussions and was told that it preserves a person's privacy in not having to make any expression in order to participate in the balloting process. He felt it was incumbent upon them to make the balloting process as open as possible to people of all beliefs. SENATOR THERRIAULT asked if he considered just not allowing any initiatives on a primary ballot. REPRESENTATIVE HAWKER replied that he had considered that, but he found a diversity of opinions on that subject and felt that that would create more controversy and would detract from the simple mission of his bill. SENATOR OGAN said he didn't think they needed another ballot printed, but initiatives should be on a general election ballot only. Supporting this bill does not - it is not my intention that it in any way - causes you to prejudice any opinions you may hold on that subject in particular, whether we do or do not have referendum measures, ballot issues, appearing on a primary ballot. I would personally be very receptive to discussing with you that issue as a separate piece of legislation, sir. TAPE 03-20, SIDE B  SENATOR THERRIAULT asked about an initiative only ballot in a general election. REPRESENTATIVE HAWKER replied he doesn't envision this as making any changes to the general election balloting. CHAIR SEEKINS asked if the Division of Elections had an opinion. MS. BREEZE said they had no policy position on this issue, but they would be able to implement the bill's language. CHAIR SEEKINS said one suggestion was to have an additional ballot in the primary and another to limit these issues to the general election. He asked which would be easier. MS. BREEZE replied that is a policy call. CHAIR SEEKINS asked if either one of them would be cheaper than the other. MS. BREEZE replied that she didn't know what the costs would be at this time. SENATOR ELLIS told Representative Hawker that he appreciated his bringing up the issue and that he heard the same concerns. There were a lot of upset people, especially in the religious community. He said that this issue was raised by the minority and brushed aside during debate on the closed Republican primary. REPRESENTATIVE HAWKER appreciated his observations, but it is his true desire to have this legislation stand on its own merits and not in light of any other contentious issues that may have happened in previous sessions. SENATOR ELLIS said he understands Representative Hawker's point, but they can't divorce themselves from history. Some of the same members here were there then and: It's undeniable that we are here at this point with your bill because of what happened previously with closing the primary - beyond what the court required, in my opinion. So here we are. I'm just saying you've got to convince people who didn't care about this concern, the religious folks and the folks who didn't want to declare - you've got to convince those and many of those same folks are still here. They're going to vote on your bill, I hope, in the affirmative, but you've got to change their minds that you're representing the legitimate interests...I wish you luck. SENATOR THERRIAULT asked Ms. Breeze how many times in the last 20 years initiatives have shown up on primary ballots. MS. BREEZE replied hardly at all. "This last one was the first time it's happened since I've been with the division, which is about seven years." SENATOR OGAN said he thought this was bad policy and asked if the statutes were clear on what election an issue can show up on or do they specifically have to ban it. MS. BREEZE responded that it is a matter of timing. If a petition is submitted the day the Legislature convenes, it will appear on the general election ballot. If it appears at another time, because of timing, it could appear on the primary election ballot and that's what happened this time. Most people that submit petitions would prefer to have them on the general election ballot because voter turn out is larger. That didn't happen with this particular initiative. She said that the division was bombarded with questions from people who didn't have the chance to vote on a separate ballot because more than half of the state's voters are not registered with a party. SENATOR THERRIAULT asked what the division's official response was. MS. BREEZE replied the people were told they would have to choose a ballot; that was the law and the division was following it. SENATOR THERRIAULT asked if she clarified that they didn't have to vote for the party candidate. MS. BREEZE said yes. SENATOR OGAN said that having to select a ballot is an issue that is ripe for litigation, based on having to be a member of the party to vote. He understands Senator Therriault's point, but he didn't think the average public is that sophisticated. People want to vote on issues and he thought that there might be a little of denying people's perceived right to vote on something, because they have to pick a party ballot to vote on an initiative that's on the primary. MS. BREEZE said that it was not appropriate for her to share her thoughts and didn't want her answers to be misleading. She reiterated that they got a lot of phone calls and people asked if they had to vote a certain way. SENATOR THERRIAULT said he didn't think there was a constitutional problem, because they didn't bar access to the ballot by having voters select a party. CHAIR SEEKINS noted there were no further comments and said that they would hold the bill.