SENATE COMMITTEE ON RULES

 

 

April 22, 2003                                                                                                      Hearing Room 343

3:00 PM                                                                                                                        Tapes 40 - 41

 

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 Introduction of Committee Measures – Work Session

SJR 19 – Work Session

SB 552 – Work Session

Informational Meeting

      Help America Vote Act (HAVA)

 

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 40, A

004

Co-chair Clarno

Calls committee meeting to order at 3:12 p.m.  Opens a work session for the purpose of introduction of committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

005

Jim Stembridge

Committee Administrator.  Summarizes LC 3570.

006

Sen. Burdick

MOTION:  Moves LC 3570 BE INTRODUCED as a committee bill.

007

 

VOTE:  4-0

EXCUSED:  2 - Sen. Atkinson, Sen. Brown

 

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

010

Co-chair Clarno

Closes work session for measure introduction and opens a work session on SJR 19.

SJR 19  – WORK SESSION

035

Jim Stembridge

Committee Administrator.  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.  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.

042

Sen. Rick Metsger

District 26.  Testifies in support of SJR 19 and SB 552.  Discusses intent to conform election laws with the vote-by-mail process, which allows for replacement of  a candidate in case of a death or mental incapacity.

083

Co-chair Clarno

Opens additional work session on SB 552.

SB 552 & SJR 19 – WORK SESSION

092

Sen. Beyer

Asks if there is a timeline on ballots being mailed out.

097

Sen. Metsger

Answers the timeline is referred to in the body of SB 552.

101

Sen. Clarno

Asks where does the bill refer to mental capacity.

104

Ted Reutlinger

Legislative Counsel’s Office.  Notes the bill does not define mental incapacity, but the Secretary of State’s Office makes that determination.

126

Sen. Beyer

Asks if twenty days before an election a candidate is in an automobile wreck and is in a coma, what is the recourse.

140

Reutlinger

Notes the nominee must die or resign for a vacancy to be declared.

158

Sen. Beyer

Asks if a candidate for United States Senate withdrew, knowing he could not win, what would happen then.

168

Reutlinger

States there was not a physical or mental disability involved.

178

Sen. Beyer

Ask if someone withdrew and claims they are mentally incapable would they be challenged.

201

Sen. Burdick

States the incident in New Jersey occurred thirty days before an election and there was enough time to add someone else to the ballot.

213

Sen. Metsger

States in current law in a vote-by-mail process if a death occurred that party would not be able to name someone else in their place.

253

Sen. Brown

Notes Sen. Courtney’s situation where just before the election he was on his death bed. 

267

Sen. Clarno

Asks how the Secretary of State determines a person is mentally or physically incapacitated.

287

Reutlinger

States currently the election laws provide the procedures for someone to withdraw and be replaced by the party.

311

Sen. Clarno

Notes what if someone is physically or mentally incapacitated and are unable to sign a withdraw form.

321

Reutlinger

Responds a form must be signed.

337

Sen. Clarno

Asks for further clarification.

343

Reutlinger

Explains a person would have to withdraw and possibly have a power of attorney sign.

367

Sen. Brown

Indicates yes a power of attorney could sign.

368

Sen. Brown

MOTION:  Moves to ADOPT SB 552-1 amendments dated 03/17/03.

 

 

VOTE:  6-0

369

Co-chair Clarno

Hearing no objection, declares the motion CARRIED.

370

Sen. Brown

MOTION:  Moves SB 552A to the floor with a DO PASS AS AMENDED recommendation.


 

 

 

VOTE:  5-1

AYE:            5 - Sen. Atkinson, Sen. Burdick, Sen. Corcoran,

Sen. Brown, Sen. Clarno

NAY:            1 - Sen. Beyer

375

Co-chair Clarno

The motion Carries.

SEN. METSGER will lead discussion on the floor.

413

Sen. Beyer

Notes the wording is unreadable and blurry and he cannot support without clearing this up.

414

Sen. Brown

MOTION:  Moves to ADOPT SJR 19-1 amendments dated 03/27/03.

 

 

VOTE:  5-1

AYE:               5 - Atkinson, Burdick, Corcoran, Brown, Clarno

NAY:               1 – Beyer

415

Co-chair Clarno

The motion CARRIES.

417

Sen. Brown

MOTION:  Moves SJR 19 be sent to the floor with a BE ADOPTED AS AMENDED recommendation.

 

 

VOTE:  4-2

AYE:               4 -  Burdick, Corcoran, Brown, Clarno

NAY:               2 -  Atkinson, Beyer

420

Co-chair Clarno

The motion CARRIES.

SEN. METSGER will lead discussion on the floor.

420

Co-chair Clarno

Closes work session on SB 552 and SJR 19.  Opens informational meeting on Help America Vote Act.

INFORMATIONAL MEETING

TAPE 41, A

020

Jim Stembridge

Committee Administrator.  Summarizes the Help America Vote Act (HAVA)

084

John Lindback

Elections Division, Secretary of State.  Discusses the Help America Vote Act (EXHIBIT A).  Explains the development of a state election plan.

135

Sen. Brown

Asks if there are provisions in the Act for the vote-by-mail process or would it be inclusive that Oregon votes differently.

138

Lindback

Answers there were amendments to the ACT directed to the vote-by-mail process.

140

Sen. Brown

Asks if the bill is addressing those counties using punch cards.

148

Lindback

Answers yes they will be updated with a replacement and continues to inform the committee on the centralized computerized voting system. Notes the legislature has appropriated funds for this system.  The system requires:

  • A voting system to assist voters who make errors
  • Each state to implement a centralized voter registration
  • Punch card system replacement incentives
  • An administrative complaint procedure
  • Touch-screen voting machines for the disabled.

240

Sen. Brown

Notes the difficulty is the ballot is not printed in other languages.

242

Lindback

States because of the population thresholds Oregon is not required to provide ballots in other languages.

250

Sen. Rick Metsger

District 26.  Responds the federal assistance money will come after there is an election fund and an administrative complaint procedure in place; then Oregon would qualify for the money that is available by April 29th.  HB 2145 sets up a special election fund so the bill needs to be adopted as soon as possible.

325

Charles Stern

Yamhill County Clerk.  Testifies that this is a matter of federal involvement which has always been the state’s responsibility, and this is the first to bill to bring money with it.

376

Sen. Beyer

Asks if someone delivered a ballot to the Secretary of State’s Office what would happen with it.

378

Lindback

Answers the ballot would be passed to the county.

380

Stern

Notes if it is timely to any county clerk’s office it would be a valid vote.

393

Kappy Eaton

Government Coordinator, League of Women Voters; steering committee of HAVA.  Explains they are in the process of developing a plan, and notes the urgency to pass HB 2145 for improving Oregon’s election system.  Submits written testimony (EXHIBIT B).

404

Sen. Brown

Notes the bill is in the House Rules Committee and will go to the House Floor next and notes we need a rules suspension.

TAPE 40, B

008

Stembridge

Clarifies that April 28th is the deadline.

020

Sen. Clarno

Closes the Informational Meeting and adjourns committee meeting at 4:35 p.m.

 

 

EXHIBIT SUMMARY

 

A – Informational, Oregon Elections Plan, John Lindback, 48 pp

B – Informational, Help American Vote Act (HAVA), written testimony, Kappy Eaton, 1 p