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.

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.

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.

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