HOUSE FINANCE COMMITTEE FEBRUARY 23, 1995 1:40 P.M. TAPE HFC 95 - 30, Side 1, #000 - end. TAPE HFC 95 - 30, Side 2, #000 - #147. CALL TO ORDER Co-Chair Mark Hanley called the House Finance Committee meeting to order at 1:40 P.M. PRESENT Co-Chair Hanley Representative Kohring Co-Chair Foster Representative Martin Representative Mulder Representative Kelly Representative Brown Representative Parnell Representative Grussendorf Representative Therriault Representative Navarre was not present for the meeting. ALSO PRESENT Representative Jerry Mackie; Tom Anderson, Staff, Representative Martin; Jack Chenoweth, Attorney, Legislative Legal Counsel, Legislative Affairs Agency; Dave Koivunemei, Acting Director, Division of Elections, Office of the Lt. Governor. SUMMARY HB 42 An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term 'state election' for purposes of absentee voting. CS HB 42 (STA) was reported out of Committee with a "do pass" recommendation and with a fiscal note by the Office of the Governor. HB 132 An Act repealing the ability of persons seeking an elective state executive office or a state or national legislative office to petition for inclusion of their names on the state general election ballot; requiring candidates of all political groups for a state or national legislative office to compete at the state primary 1 election for the placement on the general election ballot of the name of the one candidate from each political group that receives the greatest number of votes cast; and requiring candidates of all political groups for state executive office to compete at the state primary election for the placement on the general election ballot of the name of the one candidate for governor from each political group that receives the greatest number of votes cast and the name of the one candidate for lieutenant governor from the same political group that receives the greatest number of votes cast. CS HB 132 (FIN) was reported out of Committee with a "do pass" recommendation and with a zero fiscal note by the Office of the Governor. HOUSE BILL 42 "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term 'state election' for purposes of absentee voting." JOHN ANDERSON, STAFF, REPRESENTATIVE TERRY MARTIN, explained that HB 42 would allow residents of Alaska who were voting absentee to utilize electronic transmission (fax), whether in-state, out-of-state in the United States, or outside of the United States. He added that the national trend is to expand voting practices and allow those individuals voting absentee the most expeditious means by which to cast their ballot. In terms of Alaska's requirements, there is a 36-45 day ballot transmission time. Ballots would be mailed 21-30 days before the election. Marked ballots mailed by voters within the United States would be counted if postmarked by the day of the election. Mr. Anderson concluded, the purpose of the legislation would be to decrease lost, delayed, or denied absentee ballots due to time restraints. The use of electronic transmission maintains confidentiality while furthering speed and efficiency. In essence, it would expand the use of alternative voting procedures which, if not utilized, might otherwise disenfranchise an Alaskan resident voting absentee when time is important. Representative Brown asked if a definition of "electronic 2 transmission" existed at this time. Mr. Anderson commented that currently there is not a definition in the legislation, although he thought one could be added. He added, that the former Division of Elections Director Swanson requested changing "facsimile" to "electronic transmission" in an attempt to address monitorization. Representative Brown asked other means of voting would be used. DAVE KOIVUNEMEI, ACTING DIRECTOR, DIVISION OF ELECTIONS, OFFICE OF THE LT. GOVERNOR, advised that the Division will be handling the elections primarily by fax, although applications can be sent by other electronic means. He added, the proposed legislation supports transmission being accomplished as securely as possible. Mr. Koivunemei pointed out that a specific fax line would be established as a dedicated line. Representative Brown questioned which section of the bill clarified that the voting process must be secured. Mr. Koivunemei noted that Section 1 spoke to that concern. Representative Brown recommended adding language to Page 2, Line 18, following "electronic transmission number" inserting "or address". She asserted that language would clarify how the ballot would be returned. Mr. Koivunemei interjected that applications are accepted by fax, although if an address was provided, the ballot could be mailed. Representative Brown recommended that inserting the additional language would clarify the intent. Co-Chair Hanley suggested as the legislation is now written the intent could read either way. Mr. Koivunemei noted that no one would be denied a ballot without the recommended language change. Representative Therriault questioned language in Section 3, Page 2, the switch from [4] to [7] days before the election in which the absentee ballot could legally be sought. Mr. Koivunemei explained that the change resulted from the unpredictability weather conditions and other interferences in the non urban communities which would interrupt applications arriving on time. Representative Kohring suggested adding a fax transmission for voter registration. Mr. Koivunemei did not think that would be a problem. Mr. Anderson pointed out that the Senate Judiciary Committee had added that language to similar legislation last year. Representative Martin thought that legislators might be uncomfortable with the addition of that language and that he would not want it to complicate the passage of HB 42. Representative Mulder questioned the fiscal note expenditures referencing the purchase of three fax machines 3 every two years. He urged a one time purchase. Co-Chair Hanley recommended removing the $8 thousand dollars for remaining years. Mr. Koivunemei commented that the fiscal note had been difficult to project with no past evidence from which to base it. Representative Brown suggested returning to the original bill language which would make it easier for people to register to vote. Representative Mulder reminded the Committee that last year, the same legislation did not pass the Senate because of concerns with privacy and security. Representative Brown emphasized that voter registration would not have any relationship to privacy or security. She reiterated that voter registration should be public. Representative Brown MOVED to adopt the original language of HB 42, and not use the language adopted by the House State Affairs Committee. Representative Mulder OBJECTED. A roll call was taken on the MOTION. IN FAVOR: Brown OPPOSED: Martin, Mulder, Parnell, Therriault, Grussendorf, Kelly, Kohring, Hanley, Foster Representative Navarre was not present for the vote. The MOTION FAILED (1-9). Representative Mulder MOVED to report CS HB 42 (STA) out of Committee with individual recommendations and with the revised fiscal note. There being NO OBJECTION, it was so ordered. CS HB 42 (STA) was reported out of Committee with a "do pass" recommendation and with a revised fiscal note by the Office of the Governor. HOUSE BILL 132 "An Act repealing the ability of persons seeking an elective state executive office or a state or national legislative office to petition for inclusion of their names on the state general election ballot; requiring candidates of all political groups for a state or national legislative office to compete at the state primary election for the placement on the general election ballot of the name of the one candidate from each political group that receives the greatest number of votes cast; and requiring candidates of all political groups for state executive office to compete 4 at the state primary election for the placement on the general election ballot of the name of the one candidate for governor from each political group that receives the greatest number of votes cast and the name of the one candidate for lieutenant governor from the same political group that receives the greatest number of votes cast." REPRESENTATIVE JERRY MACKIE explained that he introduced HB 132 in order to bring parity to the State's election process. The provision of the legislation would require that all candidates for State elective office enter the primary election contest. HB 132 would place all candidates before the electorate on an equal footing. All candidates would be required to be in the primary election. He added, just as the top vote getter to each political group will move on to the general election ballot, so too will the top vote getter among all independent candidates for a particular elective office. In this matter, the electorate will have an equal opportunity to view and assess all candidates for an elective office. And then each candidate will be equally challenged by the election process. Representative Kelly questioned the legal definition of "qualified voters" as referenced in Section #10 contained in the proposed committee substitute dated 2/14/95. (Tape Change, HFC 95-30, Side 2). Mr. Koivunemei noted the statute definition of a qualified voter, AS 15.60.010, Section 25: "A person who has the qualification of a voter, and is not disqualified as provided in Article 4, Section II, of the State Constitution". Discussion followed regarding the registered status of a voter at the time of signing a petition. JACK CHENOWETH, ATTORNEY, LEGISLATIVE LEGAL COUNSEL, LEGISLATIVE AFFAIRS AGENCY, explained that if the person was required to be registered at the time that they sign a petition, would require a change in the statute law. He pointed out that there are several pieces of legislation which could include that qualification stipulation. Co-Chair Foster MOVED to adopt committee substitute 9- LS0481\F, Chenoweth, 2/14/95, as the version before the Committee. Representative Mackie assured the Committee that the committee substitute only contained "house keeping changes" recommended by the Office of the Lt. Governor in order to make the legislation consistent with State statute. There being NO OBJECTION, to adoption of the committee 5 substitute, it was so ordered. Mr. Koivunemei recommended a language change to Page 4, Line 25, deleting "and" and inserting "or". Co-Chair Foster MOVED the language change recommended by Mr. Koivunemei. There being NO OBJECTION, it was adopted. Co-Chair Foster MOVED to report CS HB 132 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTIONS, it was so ordered. CS HB 132 (FIN) was reported out of Committee with a "do pass" recommendation and with a zero fiscal note dated 2/15/95. ADJOURNMENT The meeting adjourned at 2:30 P.M.