HOUSE COMMITTEE ON RULES AND PUBLIC AFFAIRS

 

January 21, 2003   Hearing Room E

1:00 PM      Tapes 1 - 2

 

MEMBERS PRESENT:            Rep. Dan Doyle, Chair

Rep. Linda Flores, Vice-Chair

Rep. Laurie Monnes Anderson, Vice Chair

Rep. Vic Backlund

Rep. Phil Barnhart

Rep. Betsy L. Close

Rep. Joanne Verger

 

STAFF PRESENT:                  Cara Filsinger, Administrator

Annetta Mullins, Committee Assistant

 

MEASURE/ISSUES HEARD:            Organizational Meeting

                                                            Adoption of Committee Rules

                                                            Introduction of Members and Staff

                                                Informational Meeting

                                                            Overview of Federal Help America Vote Act 2002

                                                Public Hearing

                                                            HB 2145

 

These minutes are in compliance with Senate and House Rules.  Only text enclosed in quotation marks reports a speaker’s exact words.  For complete contents, please refer to the tapes.

 

TAPE/#

Speaker

Comments

Tape 1, A

004

Chair Doyle

Calls meeting to order at 1:01 p.m., opens meeting for organizational purposes, and asks for consideration of the proposed committee rules.

ORGANIZATIONAL MEETING

015

Rep. Verger

MOTION:  Moves to ADOPT the proposed Committee Rules (EXHIBIT A).

 

 

VOTE:  6-0-1

EXCUSED:  1 - Rep. Monnes Anderson

 

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

 

Chair Doyle

Comments on work of committee during this session.

 

Chair Doyle

Introduces members and staff.

INTRODUCTION OF COMMITTEE MEASURES

 

Chair Doyle

Explains that introduction does not mean support for the bill

 

Rep. Flores

MOTION:  Moves LCs:  694, 695 and 696 BE INTRODUCED as committee bills.

 

 

VOTE:  7-0-0

 

Chair Doyle

Hearing no objection, declares the motion CARRIED.

 

Chair Doyle

Opens an informational hearing on the Help America Vote Act 2002.

INFORMATIONAL MEETING

Secretary of State, Elections Division – overview of federal Help America Vote Act 2002.

 

John Lindback

Secretary of State, Elections Division.  Introduces Lynn Rosick, Department of Justice. Comments that merging the federal legislation into their business process is complicated.  Reviews federal Help America Vote Act (EXHIBIT B).

147

Lindback

Continues explanation of federal act on voter education and outreach (EXHIBIT B).

159

Lindback

Reviews major provisions of the federal act (EXHIBIT B, page 2).

172

Chair Doyle

Asks if there is a requirement that the money be spent by the counties on changing their punch card systems.

 

Lindback

Responds it is an incentive to replace the punch cards. 

189

Rep. Close

Asks if there is a waiver.

 

Lynn Rosick

Department of Justice.  Explains the deadline could be extended to 2006.  The intent is to have the system converted by the next presidential election.

 

Rep. Close

Asks that the witnesses address the unfunded mandates.

 

Rosick

Responds that the bill does not waive any of the requirements; Congress is expecting that the work will be done.

 

Rep. Monnes Anderson

Asks if the counties can spend the money only for the punch card systems.

 

Lindback

Responds affirmatively.

 

Rep. Monnes Anderson

Asks if the money will go to the Elections Division.

230

Lindback

Comments that in order for Oregon to get the money, the Elections Division has to develop a plan. The money goes to the Elections Division first, then to the counties.  Oregon is subject to federal audit.

245

Lindback

Continues presentation on Title II – IX (EXHIBIT B, page 2).

271

Lindback

Reviews in detail Title I: Elections Administration and Systems Improvement (EXHIBIT B, pages 2 and 3).

300

Lindback

Reviews Title II: National Elections Assistance Commission (EXHIBIT B, PAGE 3).

 

Lindback

Reviews Title II: National Elections Assistance Commission grant programs (EXHIBIT B, page 4).

350

ChairDoyle

Asks if there is funding for voter places.

 

Lindback

Notes that it is not an issue for Oregon.  Comments on systems available for people with disabilities in their own homes, if the person desires.

379

Rep. Verger

Comments that the concept of every disabled person voting in their home is an overwhelming concept.

 

Lindback

Responds that some people are already receiving assistance.  Explains that the new technology would maintain secrecy of the ballot.

 

Rep. Verger

Asks if they have an estimate of how many people would request this service.

 

Lindback

Explains their work in providing the services.

424

Lindback

Presents details on Title III: Election Technology and Administration Requirements (EXHIBIT B, page 4).

TAPE 2, A

014

Rep. Barnhart

Comments that Lane County has included a method for correcting a ballot.

 

Lindback

States that in most cases a replacement ballot would be needed.

030

Rep. Close

Asks if there could be other uses of the money for voter education.

 

Lindback

Responds that the education could include how to register and registering through the mail, as two examples.  States that he will provide a copy of the draft plan.

 

Rep. Close

Asks if the money could be used for initiative petition signature verification.

042

Lindback

Responds no.

 

Lindback

Continues presentation on Title III (EXHIBIT B, page 4).

075

Rep. Flores

Asks if the centralized voter registration and verification will be statewide.

 

Lindback

Explains it must be a state-wide system accessible by all counties.  States he will explain the details later.

 

Rep. Flores

Asks if the system would connect the county election offices with the Election Division office.

 

Lindback

Responds it will connect all counties to the state.

094

Rep. Flores

Asks if the verification system will go outside the state.

 

Lindback

Explains that Congress felt it would be a technological difficulty.

 

Rep. Barnhart

Asks Lindback to explain the voter registration requirements when someone is registering through the mail.

 

Lindback

Explains that in order to vote in a federal election a person must show some identification with name and address.  Most people provide their driver license; they would be allowed to show a utility bill.

111

Lindback

Reviews explanation of Centralized Voter Registration (EXHIBIT B, page 5).

139

Lindback

Reviews Title IV: Enforcement (EXHIBIT B, page 5).

155

Rep. Verger

Comments that the focus is to get more people to vote, and asks if there will be a concern on all the identification needed.

 

Lindback

Responds that that was a concern of Oregon Congressmen.

182

Lindback

Reviews provisions of Title V and VI (EXHIBIT B, page 6).

192

Lindback

Reviews Title VII: Military and Overseas Citizens (EXHIBIT B, page 6).

209

Barnhart

Asks if a receipt is required when providing ballots overseas.

 

Lindback

Respond negatively.

210

Lindback

Reviews Title IX: Miscellaneous Provisions and Required Components of State Plan (EXHIBIT B, pages 7 and 8).

244

Rep. Backlund

Asks if this is not an indication that federalism has returned.

 

Lindback

Comments that most of this federal act is a result of the Florida election issues and how people were treated; it was intended to bring more uniformity.

 

Chair Doyle

Comments there is no requirement that the states accept the money.

 

Lynn Rosick

Oregon Department of Justice.  Comments that she does not know of any state that will not accept the money.  Comments that these are tied into the federal elections but does not believe that states will do this only for federal elections.

288

Chair Doyle

Asks how Oregon can protect itself for the cost of the changes and the mandates to the local election offices if the federal money is not received.

 

Rosick

Responds she believes the provision in the constitution on mandates to the local governments exempts federal requirements.  Adds that they do not expect the counties to pay for this without federal money.

 

Chair Doyle

Comments on the necessity of changing state laws to meet the federal requirements.

 

Rep. Barnhart

Asks what the system will look like after the transition.

 

Lindback

Comments on what he thinks a new system will look like in a few years.

354

Rep. Barnhart

Asks there will still be county election offices.

 

Lindback

Responds affirmatively.  Explains functions the county will perform.

 

Chair Doyle

Closes informational hearing and opens a public hearing on HB 2145.

PUBLIC HEARING – HB 2145

373

Lindback

Presents explanation of HB 2145 (EXHIBIT C) and presents proposed HB 2145-1 amendments (EXHIBIT D).

418

Rep. Verger

Asks why they have proposed the amendments.

 

Rosick

Comments on the requirement for an administrative hearing process and the exemptions to the provisions of ORS 183 in Sections 8 and 9 of the bill.

TAPE 1, B

014

Rep. Close

Asks if the interest, Section 2 of HB 2145, does not normally go into the General Fund.

 

Rosick

Responds that the language is required by federal law.

030

Rep. Flores

In reference to lines 10 and 11, asks what the anticipation of the legislatively approved fund would be.

 

Lindback

Explains that part of the bill requires a five percent match.

 

Chair Doyle

Asks how the Secretary of State will have the ability to appropriate funds.

 

Lindback

Responds it is being discussed.  Legislative approval may be needed to expend moneys out of the fund.  Adds that they cannot accept any of the money until the fund is created.

 

Chair Doyle

Comments he believes the issue needs to be clarified with Ways and Means before the fund is established.

066

Kappy Eaton

League of Women Voters.  Presents prepared statement for the League of Women Voters of Oregon (EXHIBIT E). Comments on attempts by Congress to include funding in the ominous funding bill, and in favor of revisions to the voting systems in Oregon.

 

Rep. Verger

Thanks the Lane County League of Women Voters for their efforts during the campaign season.

119

Rep. Close

Asks if it would not be wise to wait a while before implementing this.

 

Eaton

Explains timing of legislation and states they want the fund to be established so the money can be accepted.

143

Rep. Barnhart

Compliments Eaton on her work.

 

Chair Doyle

Asks what the timeline is.

 

Lindback

Explains efforts for funding in congress.  Believes a reasonable timeframe would be to get this to the Governor’s desk by March 1.

 

Chair Doyle

Comments that he believes the committee needs to establish with Ways and Means the expenditure question.  Suggests the committee could have a resolution to this by next week.

166

Chair Doyle

Closes the public hearing on HB 2145 and adjourns meeting at 2:15 p.m.

 

EXHIBIT SUMMARY

 

A – Organizational Meeting, Committee Rules, staff, 2 pp

B – Informational Meeting, presentation slides, John Lindback, 8 pp

C – HB 2145, summary of HB 2145, John Lindback, 2 pp

D – HB 2145, HB 2145-1 amendments, John Lindback, 2 pp

E – HB 2145, prepared statement, Kappy Eaton, 1 p