HB 163-DIVISION OF ELECTIONS MR. RICHARD SCHMITZ, Legislative Staff to Representative Jeanette James, stated HB 163 is an election statute "fix-up" and makes minor changes. Mr. Schmitz referred to the last gubernatorial race regarding write-in candidates and said HB 163 makes minor changes to absentee voter regulations. MS. GAIL FENUMIAI, Election Program Specialist, Division of Elections, stated HB 163 updates terminology conforming to the Optical Ballot Tabulation System the State currently uses. HB 163 makes four changes to elections statute, the first is regarding write-in candidates and using stickers on ballots. It also proposes changes to the "absentee, in person" voting process and proposes to improve the "absentee, by personal representative" voting process for persons with disabilities. It deals with "initiative, referendum, and recall petition" by making changes to the statute as a result of a U.S. Supreme Court decision in Buckley v. American Constitutional Law Foundation. Ms. Fenumiai referred to questions handed to her by the committee. TAPE 00-05, SIDE B Number 2329 SENATOR ELTON asked about the 1998 gubernatorial election and a party naming a Governor or Lt. Governor. MS. FENUMIAI stated HB 163 pertains to the people who appear on the primary election ballot. Write-in candidates are not allowed on the primary election ballot. CHAIRMAN WARD stated if a party elected two people to run for Governor/Lt. Governor, and one person withdrew and the party chose not to replace the running mate, that would make the Governor/Lt. Governor ineligible to run. MS. FENUMIAI replied yes. Under current statute there are no rules for write-in candidates, HB 163 would make provision changes. CHAIRMAN WARD referred to the 1998 gubernatorial election and Senator Taylor running for Governor. Chairman Ward asked if Senator Taylor's running mate withdrew, whether his name would still be on the ballot. MS. FENUMIAI stated no, it would be a write-in race because the ballots are printed and available 25 days before the election. People with no party affiliation must file nominating petitions. They have the same deadline as party nominees. SENATOR ELTON stated if HB 163 had been in statute during the Arliss Sturgulewski, Jack Coghill, and Walter Hickel gubernatorial race, the outcome would have been different. The party could have refused to name a Lt. Governor and Arliss Sturgulewski's name would have been kept off the ballot. MS. FENUMIAI replied that has never happened in Alaska's history. SENATOR GREEN asked if stickers are not used on the ballots whether the write-in candidates names need to be spelled correctly. MS. FENUMIAI stated provisions say the last name of the gubernatorial candidates would suffice. SENATOR ELTON stated the language in Section 1, line 10, "the month in which a primary or general election is held," would excuse a person from jury duty for the month of November, but they would not be able to complete their work from October. Senator Elton offered a friendly amendment to Section 1, line 10 to read "or that the person summoned is employed as a full-time or temporary election official and the jury service is during the 30 days preceding a primary or general election." Without objection, the amendment was adopted. CHAIRMAN WARD asked about the name and phone number of election supervisors. MS. FENUMIAI replied that section relates to radio notices. The purpose is to cut down on the length of the radio notices. SENATOR GREEN asked Ms. Fenumiai to review the checks & balances regarding disabled absentee ballots. MS. FENUMIAI stated personal representatives need to identify themselves to the election official and sign a register. The representative takes the ballot to the disabled person. That person must write down identification on the envelope and sign the envelope. SENATOR GREEN asked if this process is witnessed by a third party. MS. FENUMIAI stated no. The integrity of the personal representatives is upright and commendable. CHAIRMAN WARD asked if any provisions would be altered to change paper ballots used in elections. MS. FENUMIAI stated no. SENATOR WILKEN asked, if HB 163 does not pass, what the consequences would be. MS. FENUMIAI replied if HB 163 does not pass, the State could possibly have a lengthy lawsuit ahead of it. SENATOR GREEN asked if people are not required to identify themselves when obtaining signatures, how the Division of Elections (DOE) keeps track of the signature books. MS. FENUMIAI stated people are required to notify the Division of Elections who is receiving which book and their name is put on the book. The Buckley decision stated those officials do not need to wear a badge. At the bottom of each page of the signature book is a notice stating whether the person collecting signatures is being paid and, if so, by whom. SENATOR PHILLIPS moved amendment number 2, regarding stickers being used on ballots. He said the State should not discourage anyone from voting. Senator Elton objected and stated if people use stickers on ballots the State is inducing error. The amendment was adopted with Senators Phillips, Green, and Ward voting "Yea" and Senator Elton voting "Nay." MS. FENUMIAI explained if a sticker were fed through the optical ballot machine and gummed up a sensor, at the end of counting the ballots, the tabulation would be incorrect. The Division of Elections would not know where or when the inaccuracy began. Hand counting ballots for a statewide race would effect all races on the ballot and be a time consuming process. SENATOR GREEN moved to delete Sections 63-70 relating to Buckley v. American Constitutional Law Foundation. Without objection, the motion carried. CHAIRMAN WARD stated the amendments that have been adopted will be drafted into a committee substitute. HB 163 will be held in committee and he asked Ms. Fenumiai to clarify the language in Sections 63-70 of HB 163 at the next meeting.