SENATE COMMITTEE ON RULES

 

 

January 25, 2005                                                                                                 Hearing Room 343

8:30 A.M.                                                                                                                        Tapes  4 - 5

(Corrected 3-2-05)

 

MEMBERS PRESENT:         Sen. Kate Brown, Chair

Sen. Ted Ferrioli, Vice-Chair

Sen. Charlie Ringo

Sen. Frank Shields

 

MEMBER EXCUSED:          Sen. Jason Atkinson

 

STAFF PRESENT:                 Tiffany Harris, Committee Administrator

Patricia Nielsen, Committee Assistant

 

MEASURE/ISSUES HEARD & WITNESSES:

SB 197 – Public Hearing and Work Session

      Sen. Vicki Walker

SB 161 – Public Hearing

      Paddy McGuire, Secretary of State’s Office

      Kappy Eaton, League of Women Voters of Oregon

SB 162 – Public Hearing and Work Session

      Paddy McGuire, Secretary of State’s Office

      Andi Miller, Common Cause

      Kappy Eaton, League of Women Voters of Oregon

      Annette Newingham, Deputy Lane County Clerk

      Linda Smith, Klamath County Clerk

 

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 4, A

005

Chair Brown

Calls the meeting to order at 8:33 a.m.  Opens public hearing on SB 197.

SB 197 – PUBLIC HEARING

010

Tiffany Harris

Committee Administrator.  Presents overview of SB 197, which prescribes a deadline for individual nominated or elected by write-in votes to a file a form accepting the nomination or office.

015

Sen. Vicki Walker

District 7.  Testifies in support of SB 197.  Explains this is a reincarnation of SB 318 (2003). 

035

Chair Brown

Hearing no questions, closes public hearing on SB 197.  Opens work session on SB 197.

SB 197 – WORK SESSION

040

Sen. Ferrioli

MOTION:  Moves SB 197 to the floor with a DO PASS recommendation.

 

 

VOTE:  4-0-1

EXCUSED:  1 - Sen. Atkinson

045

Chair Brown

Hearing no objection, declares the motion CARRIED.

SEN. WALKER will lead discussion on the floor.

SB 161 – PUBLIC HEARING

055

Tiffany Harris

Committee Administrator.  Presents overview of SB 161, which allows the Secretary of State, after consultation with affected county clerks, to postpone date of election in the event of civil disorder, state of emergency, natural disaster or other catastrophic event.

060

Paddy McGuire

Deputy Secretary of State.  Testifies in support of SB 161.  Explains that 9-11-2001 was election day in New York City.

070

Chair Brown

Asks about restrictions on the Secretary’s authority.

075

McGuire

Explains the Secretary of State can only act in cases of exceptional circumstances.

085

Sen. Shields

Comments there were other attempts on the World Trade Center but the building did not collapse.  Asks about the parameters defining exceptional circumstances.  Asks how many in New York had already voted on 9-11 and what happened to those votes. 

105

McGuire

Discusses drafting process and how the limitations were decided upon.  Explains some flexibility is built into the language.  Discusses possible scenarios.

140

Sen. Ferrioli

Asks what other circumstances allow the Secretary of State to issue this type of proclamation.

150

McGuire

Responds the only one is if the Governor is unable to do so.

155

Sen. Ferrioli

Suggests following the same chain of command.

160

McGuire

Does not object to adjusting the language to add more restrictions.

165

Sen. Ferrioli

Objects to language of Section 2(d) “any other catastrophic event.”  Agrees extraordinary circumstances would warrant action.  Asks for input from other elections officials.

180

Chair Brown

Asks when and how the Governor declares an emergency, and how long it takes.

190

Sen. Ferrioli

Explains the Conflagration Act advises how an emergency can be declared.  Discusses chain of command.

195

Sen. Shields

Wants to keep the bill but suggests refining language after studying the effect of 9-11 events on New York elections.

210

Chair Brown

Asks if the Secretary of State reviewed other states’ statutes.

215

McGuire

Distinguishes Oregon election process with vote by mail.  Offers to review other state statutes.

225

Chair Brown

Discusses Washington state process.  Comments half a dozen other states have this type of legislation.

235

Sen. Ferrioli

Asks under what circumstances a local election might be affected.

240

McGuire

Responds the bill does not specifically address a local situation.  Explains the purpose is to make sure the voting process is unimpeded.

 

260

Sen. Ferrioli

Asks about partisan interpretation of disasters.  Comments on carving out a local area if the rest of the state is unaffected.

280

Sen. Ringo

Approves of the intent but suggests the bill language is too subjective. 

295

Kappy Eaton

League of Women Voters of Oregon.  Testifies in support of SB 161.  Submits written testimony (EXHIBIT A).  Agrees clarification is needed about specific circumstances under the mail-in voting process.  Comments the 14-day time frame may be too short.

350

Sen. Ferrioli

Discusses possible catastrophic circumstances such as a mail strike.  Suggests definitions are needed.

365

Eaton

Agrees but urges moving the concept forward.

370

Sen. Ringo

Comments the election process must be objective.

380

Sen. Ferrioli

Hopes the Secretary of State has reviewed the constitution.

390

Chair Brown

Closes public hearing on SB 161.  Opens public hearing on SB 162.

SB 162 – PUBLIC HEARING

405

Tiffany Harris

Committee Administrator.  Presents overview of SB 162, which requires all elections held in the state to be conducted by mail.

410

Paddy McGuire

Deputy Secretary of State.  Testifies in support of SB 162.  Submits written testimony (EXHIBIT B).  Discusses how Oregon does not conduct any polling place elections.  Explains the statute should reflect the reality.

TAPE 5, A

020

Sen. Ferrioli

Asks if this includes the electoral college votes.

025

McGuire

Explains the federal constitution requires the electors to meet in the state capitol but the electoral college does not vote at a polling place.

030

Sen. Ferrioli

Asks about city council votes.

035

McGuire

Explains most local actions would not be covered.

040

Sen. Ferrioli

Discusses possible types of elections.  Suggests the language is too broad.

050

Andi Miller

Executive Director, Common Cause Oregon.  Testifies in support of SB 162.  Submits written testimony (EXHIBIT C).

070

Kappy Eaton

League of Women Voters of Oregon.  Testifies in support of SB 162.  Submits written testimony (EXHIBIT D).

075

Annette Newingham

Election Official, Lane County; Association of County Clerks.  Testifies in support of SB 162.  Explains the remaining statutory references to polling places are confusing and this would provide clarity.

080

Chair Brown

Asks what elections are affected and whether she has concerns.

085

Newingham

Explains the statutes the county clerks follow apply only to the elections her office conducts.

090

Sen. Ferrioli

Asks about the meaning of the “all elections” language.

095

Newingham

Clarifies it is covered by statute.

100

Sen. Shields

Asks whether “all elections” means all under the Secretary of State’s jurisdiction.

105

Newingham

Affirms the statute defines which elections the Secretary of State is responsible to conduct.

110

Sen. Shields

Comments that if statute is clear and the measure language is clear there is no further action needed.

120

Chair Brown

Asks Newingham to also comment on SB 161 to provide input from the county clerks.

130

Newingham

Explains there is always something unexpected during an election.  Describes Klamath County election during an earthquake.  Discusses process of contacting the Secretary of State for direction to assure the election goes forward.

140

Chair Brown

Closes public hearing on SB 162.  Opens work session on SB 162.

SB 162 – WORK SESSION

145

Sen. Ringo

MOTION:  Moves SB 162 to the floor with a DO PASS recommendation.

150

Sen. Ferrioli

Suggests the committee should not yet act.  Advises he will not support the measure.

160

 

VOTE:  3-1-1

AYE:               3 - Ringo, Shields, Brown

NAY:               1 - Ferrioli

EXCUSED:     1 – Atkinson

170

Chair Brown

The motion CARRIES.

SEN. RINGO will lead discussion on the floor.

175

Chair Brown

Closes work session on SB 162.  Reopens public hearing on SB 161.

SB 161 – PUBLIC HEARING

180

Linda Smith

Klamath County Clerk.  Discusses earthquake in 1993 which closed the courthouse.  Explains the election was a polling place election so there were not many ballots already in the courthouse.  Advises she would appreciate having direction in the statute how to handle a future event.

200

Chair Brown

Closes public hearing on SB 161.  Opens work session for introduction of committee measures.

INTRODUCTION OF COMMITTEE MEASURES – WORK SESSION

205

Tiffany Harris

Committee Administrator.  Presents overview of LC drafts:

·         LC 101 relating to adoptions (EXHIBIT E)

·         LC 217 relating to taxation (EXHIBIT F)

·         LC 218 relating to health insurance coverage for hearing aids (EXHIBIT G)

·         LC 1082 relating to the Oregon Government Standards and Practices Commission (EXHIBIT H)

·         LC 1326 relating to state building code (EXHIBIT I)

·         LC 1393 relating to stalking protective orders (EXHIBIT J)

·         LC 1926 relating to restraining orders issued under Family Abuse Prevention Act (EXHIBIT K)

·         LC 1973 relating to urban renewal (EXHIBIT L)

·         LC 2016 relating to public employer recognition of labor organization (EXHIBIT M)

·         LC 1435 relating to the recreational use of waterways
(EXHIBIT N)

240

Sen. Shields

MOTION:  Moves LC's:  101, 217, 218, 1082, 1326, 1393, 1926, 1973, 2016, AND 1435 BE INTRODUCED as committee bills.

250

Sen. Ferrioli

Asks about LC 2016.  Comments it appears the bill would allow representation by a labor organization if a majority of employees sign a card but does not seem to include an election. 

270

Chair Brown

Recesses the committee at 9:20 a.m.

271

Chair Brown

Reconvenes the committee at 9:26 a.m.

275

Sen. Ferrioli

Suggests the changes in LC 2016 appear to change the electoral process from permissive to mandatory, and apply only to public employees.  Points out it appears to suspend the requirement for a union election. 

295

Chair Brown

Calls for the question.

 

 

VOTE:  3-1-1

AYE:               3 - Ringo, Shields, Brown

NAY:               1 - Ferrioli

EXCUSED:     1 - Atkinson

300

Chair Brown

The motion CARRIES.

 

 

NOTE:  LC 101 printed as SB 417; LC 217 printed as SB 418; LC 218 printed as SB 419; LC 1082 printed as SB 420; LC 1326 printed as SB 421; LC 1393 printed as SB 422; LC 1435 printed as SB 423; LC 1926 printed as SB 424; LC 1973 printed as SB 425; and LC 2016 printed as SB 426.

305

Chair Brown

Closes work session.  Advises there will be no meeting Thursday, January 27.  Adjourns the committee at 9:29 a.m.

 

EXHIBIT SUMMARY

 

A.     SB 161, written testimony, Kappy Eaton, 1 p

B.     SB 162, written testimony, Paddy McGuire, 2 pp

C.     SB 162, written testimony, Andi Miller, 1 p

D.    SB 162, written testimony, Kappy Eaton, 1 p

E.     Introductions, LC 101, staff, 2 pp

F.      Introductions, LC 217, staff, 2 pp

G.    Introductions, LC 218, staff, 2 pp

H.    Introductions, LC 1082, staff, 2 pp

I.       Introductions, LC 1326, staff, 6 pp

J.      Introductions, LC 1393, staff, 7 pp

K.    Introductions, LC 1926, staff, 26 pp

L.     Introductions, LC 1973, staff, 10 pp

M.  Introductions, LC 2016, staff, 2 pp

N.    Introductions, LC 1435, staff, 6 pp