SENATE COMMITTEE ON RULES
March 18, 2003 Hearing
Room 343
3:00 pm Tapes
24 - 25
MEMBERS PRESENT: Sen. Bev Clarno, Co-chair, Presiding
Sen. Kate Brown, Co-chair
Sen. Jason Atkinson, Vice-chair
Sen. Ginny Burdick, Vice-chair
Sen. Roger Beyer
Sen. Tony Corcoran
STAFF PRESENT: Jim Stembridge, Committee Administrator
Pam Cox, Committee Assistant
MEASURE/ISSUES HEARD: SB 768 – Public Hearing
SB 584 – Public Hearing and Work Session
SB 552 – Public Hearing
SJR 19 – Public Hearing
SJR 11 – Work Session
SB 513 – Public Hearing
SB 531 – Public Hearing
SJR 38 – Public Hearing and Work Session
SB 768 – Public Hearing
SJR 13 – Work Session
SJR 14 – Work Session
SJR 30 – Work Session
SB 702 – Public Hearing
Introductions of Committee Measures
Work
Session
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 24, A |
||
|
005 |
Co-chair Clarno |
Calls committee meeting to order at 3:12 p.m. Opens a public hearing on SB 768. |
|
SB 768
– PUBLIC HEARING |
||
|
008 |
Sen. Bruce Starr |
District 15.
Testifies in support of SB 768, which prohibits opening of secrecy
envelopes in election conducted by mail until 8:30 a.m. on date of
election. Informs the committee that
the passage of this bill will insure additional safeguards for the integrity
of the democratic process. |
|
093 |
Sen. Burdick |
Asks if there is any evidence that there have been
problems where the ballots have been tampered with. |
|
099 |
Sen. B. Starr |
States he has none, but is responding to a
constituent concern. |
|
100 |
Sen. Corcoran |
Asks if he has faith in the electronic voting
process. |
|
117 |
Sen. B. Starr |
Notes there is a seven-day lapse and it opens
opportunity for the secrecy to be damaged. |
|
122 |
Sen. Beyer |
Ask why 8:30 a.m. not 8:00 a.m. for opening the ballots. |
|
123 |
Sen. B. Starr |
States no specific reason. |
|
124 |
Co-chair Clarno |
Closes public hearing on SB 768. Opens a public hearing on SB 584. |
|
SB 584
– PUBLIC HEARING |
||
|
129 |
Jim Stembridge |
Committee Administrator. Summarizes SB 584, which modifies date for statewide
celebrations during Asian American Heritage Month. |
|
130 |
Carol Suzuki |
Testifies in support of SB 584. States there are no statutory date
requirements for any other ethnic celebration and urges passage of this bill. |
|
141 |
Sen. Corcoran |
Asks why the date limitation was added to the bill. |
|
142 |
Suzuki |
Answers not sure. |
|
172 |
Sen. Beyer |
Notes this bill was in the House Rules Committee before
and was modified to change the celebration from a month to a specific week. |
|
175 |
Co-chair Clarno |
Closes the public hearing on SB 584 and opens a work
session on HB 584. |
|
SB 584
– WORK SESSION |
||
|
176 |
Sen. Brown
|
MOTION: Moves SB 584 to the floor with a DO PASS
recommendation. |
|
177 |
|
VOTE: 5-1 AYE: 5 - Atkinson, Brown, Clarno, Burdick, Corcoran NAY: 1 - Beyer |
|
|
Co-chair Clarno |
The motion Carries. SEN. BROWN
will lead discussion on the floor. |
|
193 |
Co-chair
Clarno |
Closes
work session on SB 584. Opens public
hearing on |
|
SB 552 and
SJR 19 – PUBLIC HEARING |
||
|
230 |
Jim Stembridge |
Committee Administrator. Summarizes SB 552, which specifies procedures for runoff
election if vacancy in nomination of candidates for certain state offices
exists after 30th day before date of general election. Summarizes SJR 19, which proposes
amendment to Oregon Constitution to allow candidates for public office to be
elected at runoff election where vacancy in nomination occurs prior to
regularly scheduled election. |
|
237 |
Sen. Rick Metsger |
District 26.
Testifies in support of SJR 19.
Comments about special election being held if a nominee on the general
election ballot becomes deceased before the election is held. |
|
351 |
Senate President Sen. Peter Courtney |
District 11.
Testifies in support of SJR 19.
Explains to the committee about becoming very ill a week before the
election and states this is the reason the bill is needed. |
|
TAPE 25, A |
||
|
010 |
Sen. Metsger |
Offers information regarding the amendments. |
|
014 |
Sen. Beyer |
Comments on the amendment to change the wording from
shall to may be. |
|
033 |
Sen. Burdick |
Notes the wording sets the stage for the companion
bill. |
|
040 |
Sen. Beyer |
Responds the Constitutional amendment leaves it to
the legislature, so anyone may make the decision to postpone an election. |
|
043 |
Sen. Burdick |
States the legislature would have to change statute
on a case-by-case basis. |
|
044 |
Sen. Metsger |
States the Constitution already provides for this
procedure. |
|
046 |
Sen. Beyer |
Asks what happens if the legislature is controlled
by one party. |
|
055 |
Sen. Pres. Courtney |
Notes the election language is set constitutionally
and there should be flexibility. |
|
073 |
Sen. Beyer |
Clarifies if the candidate dies the issue should be
changed in the Constitution. |
|
085 |
Sen. Pres. Courtney |
Explains not wanting to put every detail in the
Constitution. |
|
093 |
Sen. Beyer |
Comments it is stated in the amendment whenever a
vacancy occurs. |
|
100 |
Sen. Metsger |
Clarifies that wording will be changed. |
|
106 |
Sen. Pres. Courtney |
Asks if the word vacancy would stand by itself. |
|
111 |
Sen. Beyer |
Comments this issue should not be left up to the legislature. |
|
120 |
Sen. Pres. Courtney |
States the need to give the legislature as much
discretion as possible. |
|
134 |
Sen. Metsger |
Comments on definition of vacancy in the amendment. |
|
140 |
Sen. Brown |
Notes current law provides for when a vacancy occurs
after the election. |
|
151 |
Sen. Corcoran |
Notes a need for clarification of incompetence. |
|
152 |
Sen. Burdick |
Asks whether there should be another election if a
nominee should die before an election and the election returns show the opponent
winning. |
|
167 |
Sen. Metsger |
States the votes are not counted for that election. |
|
174 |
Ted Reutlinger |
Legislative Counsel. Explains when an amendment changes the wording in a bill it
must be changed in the Constitution. |
|
190 |
Sen. Beyer |
Asks about the wording any in front of
vacancy in SJR 19. |
|
198 |
Sen. Metsger |
Comments there are changes in process but they have
not returned from Legislative Counsel. |
|
200 |
Reutlinger |
Notes the amendments are used to adjust the bill to
be parallel with the Constitution. |
|
201 |
Co-chair Clarno |
Closes public hearing on SB 552 and SJR 19. Opens a work session on SJR 11. |
|
SJR 11 –
WORK SESSION |
||
|
202 |
Sen. Brown
|
MOTION: Moves SJR 11 be sent to the floor with a
BE ADOPTED recommendation. |
|
203 |
|
VOTE:
5-1 AYE: 5 - Atkinson, Burdick, Beyer, Brown, Clarno NAY: 1 – Corcoran |
|
|
Co-chair Clarno |
The motion Carries. SEN.
DEVLIN will lead discussion on the floor. |
|
206 |
Co-chair Clarno |
Closes work session on SJR 11. Opens a public hearing on SB 513 and SB
531. |
|
SB 513 and
SB 531 – PUBLIC HEARING |
||
|
318 |
Jason Williams |
Executive Director, Taxpayers Association of Oregon.
Testifies in support of SB 513, which prohibits county clerk from printing
information on ballot return identification envelopes that allows any person
to determine political party affiliation of person to whom ballot was
delivered. Submits written testimony (EXHIBITS A, B). |
|
365 |
Sen. Burdick |
Asks about the voter’s political party being printed
on the outside of the ballot envelope. |
|
384 |
Sen. Corcoran |
Asks for response to the statement made regarding illegal
proceedings in Multnomah County. |
|
TAPE 24, B |
||
|
001 |
Williams |
States there were people voting after the cutoff
date. |
|
003 |
Sen. Corcoran |
Indicates a desire for the evidence. |
|
013 |
Annette Newingham |
Elections Official, Lane County. Testifies in support of SB 513 and proposed
amendments. Explains clerks would
like private codes on the outside of the ballot envelopes for party
affiliation. |
|
039 |
Charles Stern |
Oregon Association of County Clerks. Testifies in support of SB 513 and
proposes an amendment to make changes to the ballot envelope (EXHIBITS C, D). |
|
060 |
Sen. Brown |
Comments on federal dollars being used to address
this issue. |
|
061 |
Stern |
Answers the monies will be used to replace all
existing systems. |
|
073 |
James Morales |
Benton County Clerk. States he had received information from Charles Stern’s office
and wanted to respond to this information but he had done an investigation
and found it was not proven. |
|
090 |
Stern |
Comments on the concern of the clerks in each county
and explains the retrieval of ballots. |
|
170 |
Mark Bigger |
Senator Gary George’s office. Testifies in support of SB 531, which directs
county clerk in election conducted by mail to collect ballots from official
ballot drop sites not less than once every 24 hours after time official
ballot drop site opens. Explains
reasons and further states they are looking at proposed amendments. Submits written testimony (EXHIBIT E). |
|
200 |
Sen. Corcoran |
Comments on the nature of the bill. |
|
202 |
Stern |
States overflowing ballot boxes are the
responsibility of the clerk. |
|
218 |
Co-chair Clarno |
Closes public hearing on SB 513 and SB 531. Opens a public hearing on SJR 38. |
|
SJR 38
– PUBLIC HEARING |
||
|
225 |
Jim Stembridge |
Committee Administrator. Presents overview of SJR 38, which directs Oregon
Transportation Commission to name specified bridge after Rex T. Barber. |
|
241 |
Co-chair Clarno |
District 27.
Testifies in support of SJR 38. Offers written testimony on the life of Rex T. Barber (EXHIBIT F). States the bill would dedicate the new
Highway 97 Bridge in his honor. |
|
272 |
John Mangis |
Director, Veterans’ Affairs. Testifies in support of SJR 38. Comments on other groups that support the
naming of this bridge in memory of Col. Barber. |
|
331 |
Jim Willis |
Legislative Commission Chair. Offers written testimony in support of
naming this bridge in the name of Rex T. Barber’s memory and states he was a
role model for how people should conduct their lives. |
|
374 |
Mac MacDonald |
Disabled Veteran.
Testifies in support of SJR 38. |
|
418 |
Co-chair Clarno |
Closes public hearing on SJR 38 and opens a work
session on SJR 38. |
|
SJR 38
– WORK SESSION |
||
|
430 |
Sen.
Atkinson |
MOTION: Moves to ADOPT SJR 38-1 amendments dated
03/18/03 (EXHIBIT G). |
|
431 |
|
VOTE:
5-0 EXCUSED: 1 - Sen. Brown |
|
|
Co-chair Clarno |
Hearing no
objection, declares the motion CARRIED. |
|
432 |
Sen.
Atkinson |
MOTION: Moves SJR 38 be sent to the floor with a
BE ADOPTED AS AMENDED recommendation. |
|
|
|
VOTE:
5-0 EXCUSED: 1 - Sen. Brown |
|
435 |
Co-chair Clarno |
Hearing no objection, declares the
motion CARRIED. SEN.
CLARNO and SEN. HARPER will lead discussion on the floor. |
|
TAPE 25, B |
||
|
048 |
Co-chair
Clarno |
Closes
work session on SJR 38 and reopens a public hearing on |
|
SB 768
– PUBLIC HEARING |
||
|
049 |
Jason Williams |
Taxpayers Association of Oregon. Testifies in support of SB 768 and recommends
the ballots be opened on the day of election. Submits written testimony of Ruth Bendl and Mike Balanesi, as
well as petitions signed by supporters (EXHIBITS
H, I, J). |
|
080 |
Annette K. Newingham |
Chief Deputy County Clerk, Lane County. Testifies in opposition to SB 768 and
explains the need for extra staff and problems of waiting for election day to
open ballots (EXHIBIT K). |
|
098 |
John Kauffman |
Director, Elections, Multnomah County. Testifies as a neutral party and explains
the process on election day and the security of this process (EXHIBIT L). |
|
126 |
Sen. Burdick |
Asks why the ballots were not counted until election
day. |
|
136 |
Kauffman |
Explains current law does not allow for ballots to
be opened until election day, and the change in language of SB 768 will allow
opening of the envelopes outside the ballot before election day. |
|
166 |
Co-chair Clarno |
Closes public hearing on SB 768 and reopens public
hearing on |
|
SB 552
– PUBLIC HEARING |
||
|
140 |
John Lindback |
Elections Division, Secretary of the State. Describes -1 amendments dated 3-17-03 (EXHIBIT M), and the wording change to
SB 552. |
|
160 |
Co-chair Clarno |
Closes public hearing on SB 552 and opens work
session on SJR 13, SJR 14 and SJR 30. |
|
SJR 13,
SJR 14 and SJR 30 – WORK SESSION |
||
|
161 |
Sen. Brown |
MOTION: Moves SJR 13 to the Senate Revenue Committee
without RECOMMENDATION to passage. |
|
162 |
Sen. Brown |
MOTION: Moves SJR 14 to the Senate Committee on
Transportation and Economic Development without RECOMMENDATION to passage. |
|
163 |
Sen. Brown |
MOTION: Moves SJR 30 to the Senate Revenue Committee
without RECOMMENDATION to passage. |
|
220 |
Co-chair Clarno |
After committee discussion, the motion is withdrawn. |
|
261 |
Co-chair Clarno |
Closes work session on SJR 13, SJR 14, and SJR 30
and opens a public hearing on SB 702. |
|
SB 702
– PUBLIC HEARING |
||
|
265 |
Jim Stembridge |
Committee Administrator. Summarizes SB 702, which directs Secretary of State to provide
computer software for use in filing political contribution and expenditure
reports with Secretary of State. |
|
285 |
Jeff Dean |
Legislative Assistant, Sen. Gary George’s
office. Testifies in support of SB
702. Submits written testimony (EXHIBITS N, O). Explains the use of computer software needed
to move the election process into the twenty-first century. |
|
313 |
Co-chair Close |
Closes public hearing on SB 702 and opens a work
session for the purpose of adopting committee measures. |
|
INTRODUCTION
OF COMMITTEE MEASURES – WORK SESSION |
||
|
315 |
Sen. Brown
|
MOTION: Moves LC 3508 and LC 3509 BE INTRODUCED as
committee bills (EXHIBIT P). |
|
316 |
|
VOTE:
4-0 EXCUSED: 2 - Atkinson, Corcoran |
|
|
Co-chair Clarno |
Hearing no
objection, declares the motion CARRIED. |
|
320 |
Co-chair Clarno |
Closes work session on LC 3508 and LC 3509. Adjourns committee meeting at 4:55 p.m. |
EXHIBIT
SUMMARY
A
– SB 513, written testimony, Jason Williams, 1 p
B
– SB 513, written testimony, Jason Williams, 1 p
C–
SB 513, proposed amendments, Charles Stern, 1 p
D
– SB 513, photograph, Charles Stern, 1 p
E–
SB 531, written testimony, Mark Bigger, 1 p
F
– SJR 38, written testimony, Sen. Bev Clarno, 1 p
G
– SJR 38, -1 amendments (3-18-03), staff, 1 p
H
– SB 768, written testimony of Ruth Bendl, John Mangis, 1 p
I
– SB 768, written testimony of Mike Balanesi, John Mangis 1 p
J
– SB 768, signed petitions, John Mangis, 7 pp
K
– SB 768, written testimony, Annette K. Newingham, 1 p
L
– SB 768, written testimony, John Kauffman, 1 p
M
– SB 552, -1 amendments (3-17-03), staff, 2 pp
N
– SB 702, written testimony of Don Fell, Jeff Dean, 2 pp
O
– SB 702, amendment request, Jeff Dean, 1 p
P
– LC 3805 and LC 3809, memorandum, staff, 1 p