CSHB 112(FIN) AMEND DEFINITION OF "POLITICAL PARTY" CHAIRMAN GREEN brought CSHB 112(FIN) before the committee as the next order of business. REPRESENTATIVE AL VEZEY, prime sponsor of HB 112, said recognizing that since 1970 the state of Alaska has not elected a governor by a majority vote, he introduced the legislation as a means of modifying the state's election law in the smallest way possible which might produce a result that might reduce the number of candidates that appear on the ballot and might increase Alaska's chance of electing a governor by a majority vote. Representative Vezey said Alaska's election law is well established and has withstood constitutional challenge, and the approach in HB 112 is to not restrict or further restrict access to the ballot, but to expand the means by which a group of people can organize and get recognition as a political party. It sets a standard that in addition to qualifying for the ballot by getting 3 percent of the vote, that if a party has registered voters equal to 3 percent of the vote cast in the last gubernatorial election, which would be 6,500 registered voters under a party affiliation, it would qualify a party for recognition as a political status. He added that this may or may not have any affect on the number of candidates that appear on a ballot, but it might provide a major party an opportunity to maintain its party status and not run a candidate when it isn't serious about winning an election. Number 140 SENATOR DUNCAN asked if under this new definition the Republican Party, Democratic Party and the Alaska Independent Party could retain party status without getting 3 percent of the vote in each gubernatorial election year because of the number of registered voters that they have. REPRESENTATIVE VEZEY responded that it is his understanding that if this bill becomes law, those three parties would have the option of how they wanted to maintain their political status. SENATOR DUNCAN asked if for any other party the only option would be to have a gubernatorial candidate every four years and get at least 3 percent of vote if they didn't have at least 10,000 registered voters. REPRESENTATIVE VEZEY answered that was not correct. Right now groups of people that want to qualify as a party have to run a candidate and garner 3 percent of the vote. If this bill becomes law, an option would be that they could go out and register voters equivalent to the same number. Number 180 SENATOR MACKIE observed that this change makes it easier for someone to get on a gubernatorial ballot. REPRESENTATIVE VEZEY agreed, and said this is expanding the options available. Number 200 JIM BALDWIN, Assistant Attorney General, Department of Law, stated the legal issues brought up in this bill are substantial. He said he suspects that if it becomes law it will provoke a lawsuit by one of the major minor parties because of the differential treatment. The Green Party, for example, is a recognized political party, and the way the 3 percent works, they would not get the same treatment as the Alaska Independent Party. They would not be able to sit out the next gubernatorial election; they would have to run a candidate in order to keep their recognized status in tact. He said in order to sustain a differential treatment, the state is going to be held to a very high standard of showing a governmental interest, and he doesn't think that there has been a sufficient record developed in the hearings that he has attended thus far before the Legislature to support that kind of a governmental interest. Mr. Baldwin said the legislation appears to allow easier access to the gubernatorial ballot, but its the manner in which the access is granted that may raise some problems. For example, he is counsel to the state on a case currently pending in the U.S. Supreme Court having to do with the open primary. One of the issues raised is does the state's open primary statute violate the freedom of association under the First Amendment of the U.S. Constitution for particularly a political party that wants to close its primary. He noted the state has argued that political parties really don't mean that much in Alaska because of the way our election laws are established, and he thinks that if this law were to be enacted, it would further bolster the state's arguments because the ability to become recognized as a political party would be lessened. Number 290 SENATOR MILLER commented that Mr. Baldwin had said that the only option the Green Party would have was to run a candidate, but he pointed out that they would have the second option of putting on a massive registration drive and get the 3 percent. MR. BALDWIN agreed, but he added that he thinks that presents another problem. By using that as a second prong of the test to become a major political party, what you are saying to the adherents of that political party is that the only way you are going to be recognized as a party is for you to declare openly your affiliation. He thinks that if members of a political party could in court allege by doing that they are being laid open to threats or intimidation or coercion, the state will not be able to sustain that kind of a requirement either. Number 321 SENATOR MACKIE asked if the bill became law, an election was held, and then there was a lawsuit and the state lost, does that mean the whole election has to be voided. MR. BALDWIN replied that it would be highly unlikely there would be a situation where a election would be invalidated. The courts usually bend over backwards to avoid that kind of result from happening, but it tends to lead to a lot of uncertainty for the Division of Elections and a potential for further problems with the electoral process. SENATOR MACKIE inquired if Mr. Baldwin sees a solution that would satisfy his legal concerns with this legislation. MR. BALDWIN responded that there were some amendments that were proposed on the House floor and in House Finance that would ameliorate a lot of problems such as taking it down to 1 percent. He also said the state has taken the strong position that it favors the open primarily, and he thinks that what is done here as far as what defines political party affects that case, and he suggested that should be kept in mind. There being no further testimony on CSHB 112(FIN), CHAIRMAN GREEN stated the bill would be set aside. Number 069 CSHB 112(FIN) AMEND DEFINITION OF "POLITICAL PARTY" CHAIRMAN GREEN brought CSHB 112(FIN) back before the committee and requested a motion on the legislation. SENATOR MACKIE said he thinks the Department of Law has raised some serious questions on this legislation that should be looked into by the Attorney General. SENATOR MILLER said he understands Senator Mackie's concern; however, he does not believe the constitutional challenge is as much a concern as Mr. Baldwin expressed it to be. He said it is still the 3 percent, and nothing in the bill limits the party from going out and doing an active registration drive so that they don't have to run a candidate, or, if they want to continue to run a candidate, they can do so. SENATOR DUNCAN noted that the House Judiciary Committee had not looked at this legislation, and he recommended that a Senate Judiciary Committee referral be considered in addition to the Senate Finance Committee. SENATOR MILLER related that after the bill was passed out of the Sate Affairs Committee, he would get together with Senator Taylor to discuss referring it to the Senate Judiciary Committee. Number 102 SENATOR MILLER moved CSHB 112(FIN) be passed out of committee with individual recommendations. SENATOR DUNCAN objected. The roll was taken with the following result: Senators Mackie, Ward, Miller and Green voted "Yea" and Senator Duncan voted "Nay." The Chairman stated the motion to move CSHB 112(FIN) out of committee carried.