Legislature(2019 - 2020)

2020-02-10 House Journal

Full Journal pdf

2020-02-10                     House Journal                      Page 1569
HB 115                                                                                                                        
The following was read the second time:                                                                                         

2020-02-10                     House Journal                      Page 1570
    HOUSE BILL NO. 115                                                                                                          
    "An Act relating to absentee voting; and providing for an effective                                                         
    date."                                                                                                                      
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 STA RPT 3DP 1NR 670                                                                                                            
 FN1: ZERO(GOV) 671                                                                                                             
 JUD RPT 4DP 1DNP 979                                                                                                           
 FN1: ZERO(GOV) 979                                                                                                             
                                                                                                                                
The Rules Committee submitted the following updated fiscal note:                                                                
                                                                                                                                
2.  Zero, Office of the Governor                                                                                                
                                                                                                                                
Amendment No. 1 was offered  by Representative Tuck:                                                                             
                                                                                                                                
Page 1, line 12:                                                                                                                
    Delete "2020"                                                                                                               
    Insert "2021"                                                                                                               
                                                                                                                                
Representative Tuck moved and asked unanimous consent that                                                                      
Amendment No. 1 be adopted.  There being no objection, Amendment                                                                
No. 1 was adopted.                                                                                                              
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 3:                                                                                                                 
    Delete "a new subsection"                                                                                                   
    Insert "new subsections"                                                                                                    
                                                                                                                                
Page 1, lines 4 - 11:                                                                                                           
    Delete all material and insert:                                                                                             
         "(m)  An absentee ballot application must include options for                                                          
    a qualified voter to choose to receive absentee ballots by mail for                                                         
             (1)  all future regularly scheduled state elections;                                                               
             (2)  future state                                                                                                  
                  (A)  special elections;                                                                                       
                  (B)  primary elections; or                                                                                    
                  (C)  general elections; or                                                                                    

2020-02-10                     House Journal                      Page 1571
             (3)  any combination of future elections described in                                                              
    (2)(A) - (C) of this subsection.                                                                                            
         (n)  The division may not require a voter who chooses to                                                               
    receive absentee ballots under this section to reapply to receive                                                           
    absentee ballots by mail unless the voter has not voted an absentee                                                         
    ballot for a period of four years or an absentee ballot sent to the                                                         
    voter under this section is returned to the division as                                                                     
    undeliverable. A voter may change the voter's absentee ballot                                                               
    selection under (m) of this section by reapplying under this                                                                
    section."                                                                                                                   
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  35   EXCUSED:  1   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Eastman, Jackson, Vance                                                                                                  
                                                                                                                                
Nays:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis,                                                             
Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                     
Kreiss-Tomkins, LeBon, Lincoln, Merrick, Neuman, Ortiz, Pruitt,                                                                 
Rasmussen, Rauscher, Shaw, Spohnholz, Story, Stutes,                                                                            
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Wool,                                                                 
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Eastman:                                                                          
                                                                                                                                
                                                                                                                                

2020-02-10                     House Journal                      Page 1572
Page 1, lines 4 - 11:                                                                                                           
    Delete all material and insert:                                                                                             
         "(m)  An absentee ballot application must include an option                                                            
    for a qualified voter to choose to receive absentee ballots by mail                                                         
    for future regularly scheduled state elections. The division shall                                                          
    stop mailing absentee ballots to a voter and require the voter to                                                           
    reapply to receive absentee ballots by mail if                                                                              
             (1)  the voter does not vote an absentee ballot sent to the                                                        
    voter; or                                                                                                                   
             (2)  an absentee ballot sent to the voter under this section                                                       
    is returned to the division as undeliverable."                                                                              
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  15  NAYS:  23   EXCUSED:  1   ABSENT:  0  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick,                                                                   
Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard,                                                                    
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck,                                                                 
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                

2020-02-10                     House Journal                      Page 1573
Page 1, line 9:                                                                                                                 
    Delete "or"                                                                                                                 
                                                                                                                                
Page 1, line 11:                                                                                                                
    Delete "."                                                                                                                  
    Insert "; or                                                                                                                
             (3)  a person at an address to which an absentee ballot is                                                         
    sent under this section provides evidence satisfactory to the                                                               
    division that the voter to whom the absentee ballot was sent no                                                             
    longer lives or receives mail at the address."                                                                              
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  15  NAYS:  22   EXCUSED:  1   ABSENT: 1  VACANT:  1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick,                                                                   
Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard,                                                                    
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool                                                            
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Absent:  Zulkosky                                                                                                               
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was not offered.                                                                                                
                                                                                                                                
Amendment No. 6 was not offered.                                                                                                

2020-02-10                     House Journal                      Page 1574
Amendment No. 7 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, lines 3 - 11:                                                                                                           
    Delete all material and insert:                                                                                             
"* Section 1. AS 15.20.081 is amended by adding new subsections                                                               
to read:                                                                                                                        
         (m) The division shall provide an absentee ballot application                                                          
    for a qualified voter that allows the voter to choose to receive                                                            
    absentee ballots by mail for future regularly scheduled state                                                               
    elections. Notwithstanding (a) of this section, a person may not                                                            
    apply for another person to receive absentee ballots by mail for                                                            
    future elections under this subsection.                                                                                     
         (n)  The division may not require a voter who applies to                                                               
    receive absentee ballots by mail for future elections under (m) of                                                          
    this section to reapply for an absentee ballot by mail unless                                                               
             (1)  the voter has not voted an absentee ballot for a period                                                       
    of four years; or                                                                                                           
             (2)  the voter's previous absentee ballot sent under this                                                          
    section was returned to the division as undeliverable."                                                                     
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  17  NAYS:  21   EXCUSED:  1   ABSENT:  0  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Kopp, LeBon,                                                               
Merrick, Neuman, Pruitt, Rasmussen, Rauscher, Shaw,                                                                             
Sullivan-Leonard, Talerico, Tilton, Vance                                                                                       
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins, Lincoln,                                                                   
Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck, Wool,                                                                    
Zulkosky                                                                                                                        
                                                                                                                                

2020-02-10                     House Journal                      Page 1575
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, following line 11:                                                                                                      
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 15.20.220 is amended by adding a new subsection to                                                              
read:                                                                                                                           
         (c) Before the certification of a state ballot counting review                                                         
    under AS 15.15.450, the director shall select random voters in                                                              
    each house district who submitted absentee ballots. The director                                                            
    shall attempt to contact the voter to confirm that the voter returned                                                       
    an absentee ballot. On or before the day the director certifies a                                                           
    state ballot counting review under AS 15.15.450, the director shall                                                         
    aggregate the information collected under this subsection, deliver                                                          
    the information to the senate secretary and the chief clerk of the                                                          
    house of representatives, and notify the legislature that the                                                               
    information is available. The director shall include in the                                                                 
    information delivered under this subsection the number of                                                                   
    absentee voters, by district, that                                                                                          
             (1)  the division attempted to contact;                                                                            
             (2)  the division successfully contacted;                                                                          
             (3)  reported voting by absentee ballot in the applicable                                                          
    election; and                                                                                                               
             (4)  reported not voting by absentee ballot in the                                                                 
    applicable election."                                                                                                       
                                                                                                                                
Page 1, line 12:                                                                                                                
    Delete "Sec. 2"                                                                                                           
    Insert "Sec. 3"                                                                                                           
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
Representative Pruitt objected.                                                                                                 
                                                                                                                                
                                                                                                                                

2020-02-10                     House Journal                      Page 1576
The question being:  "Shall Amendment No. 8 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 8                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  37   EXCUSED:  1   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                
Nays:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis,                                                             
Hannan, Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp,                                                                  
Kopp, Kreiss-Tomkins, LeBon, Lincoln, Merrick, Neuman, Ortiz,                                                                   
Pruitt, Rasmussen, Rauscher, Shaw, Spohnholz, Story, Stutes,                                                                    
Sullivan-Leonard, Talerico, Tarr, Thompson, Tilton, Tuck, Vance,                                                                
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 8 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 9 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, lines 4 - 7:                                                                                                            
    Delete all material and insert:                                                                                             
         "(m)  An absentee ballot application must include an option                                                            
    for a qualified voter to choose to receive absentee ballots by mail                                                         
    for future regularly scheduled state elections. The division shall                                                          
    stop sending absentee ballots to a voter under this subsection upon                                                         
    the voter's written request. A voter may request that the division                                                          
    stop sending absentee ballots at any time. If a voter does not                                                              
    request that the division stop sending absentee ballots, the division                                                       
    may stop sending absentee ballots to the voter and require the                                                              
    voter to reapply only if"                                                                                                   
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                

2020-02-10                     House Journal                      Page 1577
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  14  NAYS:  24   EXCUSED:  1   ABSENT:  0  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Eastman, Gillis, Jackson, Johnson, Kopp, Merrick, Pruitt,                                                                
Rasmussen, Rauscher, Shaw, Sullivan-Leonard, Talerico, Tilton,                                                                  
Vance                                                                                                                           
                                                                                                                                
Nays:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster,                                                                     
Hannan, Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins,                                                                    
LeBon, Lincoln, Neuman, Ortiz, Spohnholz, Story, Stutes, Tarr,                                                                  
Thompson, Tuck, Wool, Zulkosky                                                                                                  
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 9 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 10 was offered  by Representative Rasmussen:                                                                       
                                                                                                                                
Page 1, line 1 following "voting;" (title amendment):                                                                           
 Insert "relating to municipal elections;"                                                                                      
                                                                                                                                
Page 1, following line 11:                                                                                                      
 Insert new bill sections to read:                                                                                              
   "*Sec. 2. AS 29.26.040 is amended to read:                                                                                 
         Sec. 29.26.040.  Date of regular election.  The date of a                                                          
    regular election is the first Tuesday of November [OCTOBER]                                                             
    annually [, UNLESS A DIFFERENT DATE OR INTERVAL OF                                                                          
    YEARS IS PROVIDED BY ORDINANCE]."                                                                                           
                                                                                                                                
   "*Sec. 3. AS 29.71.800(20) is amended to read:                                                                             
         (20) "regular election" means the municipal election held on                                                           
    the first Tuesday of October or November annually [, OR ON A                                                            
    DIFFERENT DATE OR INTERVAL OF YEARS PROVIDED                                                                                
    BY ORDINANCE OR CHARTER];"                                                                                                  
                                                                                                                                
Renumber the following bill section accordingly.                                                                                

2020-02-10                     House Journal                      Page 1578
Representative Rasmussen moved and asked unanimous consent that                                                                 
Amendment No. 10 be adopted.                                                                                                    
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
Amendment No. 1 to Amendment No. 10 was offered  by                                                                              
Representative Eastman:                                                                                                         
                                                                                                                                
Following both instances of "first Tuesday":                                                                                    
 Insert "after the first Monday"                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 to Amendment No. 10 be adopted.                                                                                 
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 1 to Amendment No. 10                                                                 
be adopted?"  The roll was taken with the following result:                                                                     
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 1 to Amendment No. 10                                                                                             
                                                                                                                                
YEAS:  17  NAYS:  21   EXCUSED:  1   ABSENT:  0  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Hopkins, Jackson, Johnson,                                                                   
Johnston, Kreiss-Tomkins, Merrick, Neuman, Pruitt, Rasmussen,                                                                   
Rauscher, Shaw, Talerico, Tilton, Vance                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Josephson, Knopp, Kopp, LeBon, Lincoln, Ortiz, Spohnholz, Story,                                                                
Stutes, Sullivan-Leonard, Tarr, Thompson, Tuck, Wool, Zulkosky                                                                  
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 1 to Amendment No. 10 was not adopted.                                                                    
                                                                                                                                
The question being:  "Shall Amendment No. 10 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                
                                                                                                                                

2020-02-10                     House Journal                      Page 1579
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 10                                                                                                                
                                                                                                                                
YEAS:  15  NAYS:  23   EXCUSED:  1   ABSENT: 0  VACANT:  1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick,                                                                   
Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard,                                                                    
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck,                                                                 
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 10 was not adopted.                                                                                       
                                                                                                                                
Amendment No. 11 was offered  by Representative Carpenter:                                                                       
                                                                                                                                
Page 1, line 8:                                                                                                                 
 Delete "four"                                                                                                                  
 Insert "two"                                                                                                                   
                                                                                                                                
Representative Carpenter moved and asked unanimous consent that                                                                 
Amendment No. 11 be adopted.                                                                                                    
                                                                                                                                
Representative Tuck objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 11 be adopted?"  The roll                                                             
was taken with the following result:                                                                                            
                                                                                                                                
HB 115(efd am)                                                                                                                  
Second Reading                                                                                                                  
Amendment No. 11                                                                                                                
                                                                                                                                
YEAS:  16  NAYS:  22   EXCUSED:  1   ABSENT:  0  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Kopp, Merrick,                                                             
Neuman, Pruitt, Rasmussen, Rauscher, Shaw, Sullivan-Leonard,                                                                    
Talerico, Tilton, Vance                                                                                                         
                                                                                                                                

2020-02-10                     House Journal                      Page 1580
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins, LeBon,                                                                     
Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson, Tuck,                                                                 
Wool, Zulkosky                                                                                                                  
                                                                                                                                
Excused:  LeDoux                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 11 was not adopted.                                                                                       
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
HB 115(efd am) be considered engrossed, advanced to third reading,                                                              
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
HB 115(efd am) will advance to third reading on the February 12                                                                 
calendar.