2017 house government and veterans affairs hb 1363 · hb 1363: government and veterans affairs...

2017 HOUSE GOVERNMENT AND VETERANS AFFAIRS

HB 1363

2017 HOUSE STANDING COMMITTEE MINUTES

Government and Veterans Affairs Committee Fort Union, State Capitol

HB 1363 1/26/2017

27501

D Subcommittee D Conference Committee

Committee Clerk Signature

Explanation or reason for introduction of bill/resolution:

Relating to election precincts; relating to election polling places and filling vacancies in elective offices; relating to election administration

Minutes: ttachment 1

Chairman Kasper opened the hearing on HB 1363.

Rep. Dockter appeared in support of HB 1363. This is another housekeeping bill, and the Secretary of State will explain this bill.

John Arnold, Elections Director, Secretary of State's Office, appeared in support. Attachment 1. (1 :22-8:09)

Chairman Kasper: 16.1-04-03 is moved to another section, so we don't need it?

John Arnold: We are splitting that into two. In 16.1-04-01 we are creating a specific deadline for the creation of precincts, and in 16.1-04-02 we are creating a specific deadline for polling places. 16.1-04-03 covered both of them.

Donell Preskey, ND Association of Counties, representing the county auditors, appeared in support. The auditors had a chance to look at this and figured it as a cleanup bill as well and support the changes.

Chairman Kasper closed the hearing.

Rep. Steiner made a motion for a DO PASS on HB 1363.

Rep. Karls seconded the motion.

A roll call vote was taken. 12 Yeas, 0 Nays, 2 Absent.

Rep. C. Johnson will carry the bill.

Date:_/ _- d-4 __ -_!_7_~ Roll Call Vote#: L

2017 HOUSE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. /J /?J House Government and Veterans Affairs

D Subcommittee

Amendment LC# or Description:

Committee

-----------------------Recommendation :

Other Actions:

D _Adopt Amendment ,rg Do Pass D Do Not Pass D As Amended D Place on Consent Calendar D Reconsider

D Without Committee Recommendation D Rerefer to Appropriations

D

Motion Made By _ _.J-"'-~-~"---'--''---·----- Seconded By

Representatives Jim Kasper-Chairman Scott Louser-Vice Chairman Jason Dockter Craig A. Johnson Daniel Johnston Karen Karls Ben Koppelman Vernon Laning Christopher D. Olson Karen M. Rohr Vicky Steiner Steve Vetter

Total

Absent

(Yes)

Floor Assignment

Yes f.

X '>(

X: X )(

~b x X ,lx;b >0 X

If the vote is on an amendment, briefly in

No Representatives Yes No Pamela Anderson X: Mary Schneider K

No 0

Com Standing Committee Report January 26, 2017 4:53PM

Module ID: h_stcomrep_16_044 Carrier: C. Johnson

REPORT OF STANDING COMMITTEE HB 1363: Government and Veterans Affairs Committee (Rep. Kasper, Chairman)

recommends DO PASS (12 YEAS, 0 NAYS, 2 ABSENT AND NOT VOTING). HB 1363 was placed on the Eleventh order on the calendar.

(1) DESK (3) COMMITTEE Page 1 h_stcomrep_ 16_044

2017 SENATE GOVERNMENT AND VETERANS AFFAIRS

HB 1363

2017 SENATE STANDING COMMITTEE MINUTES

Government and Veterans Affairs Committee Sheyenne River Room, State Capitol

HB 1363 3/3/2017

Job Number 28670


~ CommitteeClerkSignature ~ .,,,_µq Explanation or reason for introduction of bill/resoluti:

A BILL for an Act to create and enact subsection 3 of section 16.1-04-01 of the North Dakota Century Code, relating to election precincts; to amend and reenact section 1-08-09, subsection 2 of section 16.1-01-01, sections 16.1-04-02 and 16.1-05-01, subsection 3 of 16.1-05-07, section 16.1-05-08, subsection 2 of 16.1-06-16, and sections 16.1-07-15, 16.1-10-06, 16.1-11-20, 40-02-10, 44-02-05, 44-02-07, and 44-02-08 of the North Dakota Century Code, relating to election polling places and filling vacancies in elective offices; and to repeal section 16.1-04-03 of the North Dakota Century Code, relating to election administration. =================

Minutes: Attachments: 1

Vice Chairman Davison: Opened the hearing on HB 1363.

Representative Dockter, District 7: Testified as sponsor and in support of the bill. There were some issues in the past with what the definition of a polling location is. We are trying to get it changed to polling place. There was an issue where a location had a fire and they had to relocate, but there was some confusion with the law. This clarifies what a jurisdiction is allowed to do when an identified polling place becomes unavailable prior to the election, and it makes everything consistent with the law. It corrects an oversight in the law regarding certain vacancies in an office that occurred near the filing deadline for an election.

(2:30) John Arnold, Elections Director, Secretary of State's Office: See Attachment #1 for testimony in support of the bill.

(9:35) Vice Chairman Davison: No further testimony was present. Closed the hearing on HB 1363.

2017 SENATE STANDING COMMITTEE MINUTES

Government and Veterans Affairs Committee Sheyenne River Room, State Capitol

HB 1363 3/10/2017

Job Number 29011


Committee Clerk Signature

Explanation or reason for introduction of bill/resolution:

A BILL for an Act to create and enact subsection 3 of section 16.1-04-01 of the North Dakota Century Code, relating to election precincts; to amend and reenact section 1-08-09, subsection 2 of section 16.1-01-01, sections 16.1-04-02 and 16.1-05-01, subsection 3 of 16.1-05-07, section 16.1-05-08, subsection 2 of 16.1-06-16, and sections 16.1-07-15, 16.1-10-06, 16.1-11-20, 40-02-10, 44-02-05, 44-02-07, and 44-02-08 of the North Dakota Century Code, relating to election polling places and filling vacancies in elective offices; and to repeal section 16.1-04-03 of the North Dakota Century Code, relating to election administration.

Minutes: Attachments: 1

Chairman Poolman: Opened HB 1363 for committee discussion. This bill was some of that cleanup language. It was essentially for the Secretary of State making some minor changes. Representative Dockter has given us some amendments that he would like to add to the bill. See Attachment #1 for proposed amendments. In regard to letter e., It is my understanding that many auditors are not doing that even though they have been requested. (2:16) As to letter i., it is my understanding that we have 27 cases of known voter fraud out there after the last election and no one is doing anything about it on the county level. The Secretary of State just needs a little bit of help in terms of getting them to investigate those issues. As you know, we had thousands of affidavits as well that they don't feel are appropriately being reported or understood on what went on with the affidavits. They are concerned about county auditors and the prosecutors not wanting to address any of the fraud either.

(3:10) Vice Chairman Davison: Move to Amend with 17.8153.01002.

Senator Meyer: Seconded.

Chairman Poolman: Is there any discussion?

Senator Bekkedahl: This is a little confusing . If you look it says this is being inserted after Page 2, Line 21, then is this a whole new section that we are amending in here?

Senate Government and Veterans Affairs Committee HB 1363 03/10/2017 Page 2

Chairman Poolman: Correct.

A Roll Call Vote Was Taken: 6 yeas, 0 nays, 0 absent.

Motion Carried.

Vice Chairman Davison: Moved a Do Pass As Amended.

Senator Bekkedahl: Seconded.

A Roll Call Vote Was Taken: 6 yeas, 0 nays, 0 absent.

Motion Carried.

Chairman Poolman will carry the bill.

c... :s 1:,/\ol \+

17.8153.01002 Title.02000

Prepared by the Legislative Council staff for Representative Dockter

March 9, 2017

PROPOSED AMENDMENTS TO HOUSE BILL NO. 1363

Page 1, line 2, replace "subsection" with "subsections"

Page 1, line 3, after "2" insert "and 5"

Page 1, line 6, remove the second "and"

Page 1, line 7, after "administration" insert"; and to provide a penalty"

Page 2, after line 21, insert:

"SECTION 3. AMENDMENT. Subsection 5 of section 16.1-01-01 of the North Dakota Century Code is amended and reenacted as follows:

5. In addition to other statutory duties, the county auditor shall :

a. Procure and distribute supplies required for voting in the county.

b. Prepare and disseminate voter information as prescribed by the secretary of state.

c. Fully comply with the test election required of this section.

d. Carry out uniform training programs for all county and precinct election officials as prescribed by the secretary of state.

e. Provide completed reports on election matters as required by the secretary of state.

t. Attend. or send a designee to attend. state election conferences convened by the secretary of state.

fL. Comply with the form of the ballot as prescribed by state law and the secretary of state.

b.,_ Comply with the standards for voting precincts and polling locations. numbering precincts. precinct maps. maintaining and updating pollbooks. and forms and supplies. including ballots. pollbooks, and reports as established by the secretary of state.

L Assist with investigations initiated by the secretary of state under this section.

L. Receive and handle complaints referred to the county auditor by any voter or precinct official involving circulation of petitions, challenges to voters, actions of election officials, or irregularities of any kind in voting. The county auditor shall refer complaints to the secretary of state or the proper prosecuting authority, as the county auditor deems appropriate.

Upon completion of the duties required by this subsection, the county auditor shall certify to the secretary of state, in the manner prescribed by

Page No. 1 17.8153.01002

\ 0~ ?-

the secretary of state, that the duties have been completed. A knowing violation of this subsection is an offense under section 12.1-11-06.

Renumber accordingly

Page No. 2 17.8153.01002

•

2017 SENATE STANDING COMMITTEE ROLL CALL VOTES

BILL/RESOLUTION NO. \ 3 l4? °?)

Senate Government and Veterans Affairs

D Subcommittee

Date: 3 /,o Roll Call Vote #: \

Committee

Amendment LC# or Description: __ \-1--7--t---.!•:..._"Z)-1,.,,,,1.....1.\ ...... S--...3..-..._ D=-.!...roo=-===--2-==-=-------

Recommendation: ~ opt Amendment D Do Pass D Do Not Pass D Without Committee Recommendation D As Amended D Rerefer to Appropriations D Place on Consent Calendar

Other Actions: D Reconsider D

Motion Made By D 0. i,.) ·, ~ Seconded Sy ~Lil

Senators Yes No Senators Chairman Poolman / Senator Marcellais Vice Chairman Davison ,1/ Senator Bekkedahl ./ Senator Mever ./ Senator Vedaa ./

Total

Absent

(Yes) ____ lo _ _ _ No 0 0

Floor Assignment

If the vote is on an amendment, briefly indicate intent:

•

Yes No ,/

Date: 3/ / b Roll Call Vote #:

2017 SENATE STANDING COMMITTEE ROLL CALL VOTES ":l....

BILL/RESOLUTION NO. \ ~ _J

Senate Government and Veterans Affairs Committee

D Subcommittee

Amendment LC# or Description: __ \.._7---4-io\ __.')J«---l\__.~--.... ~_.__._._0_ \...:....CC)_ =-1__--------

Recommendation: O Adopt Amendment o Pass D Do Not Pass s Amended ace on Consent Calendar

Other Actions: D Reconsider

D Without Committee Recommendation D Rerefer to Appropriations

D

Motion Made ~ o-..,0 i~ Seconded By

Senators Yes No Senators Chairman Poelman / Senator Marcellais Vice Chairman Davison ,/ Senator Bekkedahl / Senator Meyer . /,, Senator Vedaa ~/

Total

Absent

(Yes) ~l""\"ee.....---- --- No 0

Floor Assignment

If the vote is on an amendment, briefly indicate intent:

Yes /No ,/

~

Com Standing Committee Report March 13, 2017 7:46AM

Module ID: s_stcomrep_ 45_001 Carrier: Poolman

Insert LC: 17.8153.01002 Title: 02000

REPORT OF STANDING COMMITTEE HB 1363: Government and Veterans Affairs Committee (Sen. Poolman, Chairman)

recommends AMENDMENTS AS FOLLOWS and when so amended, recommends DO PASS (6 YEAS, O NAYS, 0 ABSENT AND NOT VOTING). HB 1363 was placed on the Sixth order on the calendar.



Page 1, line 6, remove the second "and"

Page 1, line 7, after "administration" insert"; and to provide a penalty"

Page 2, after line 21, insert:

"SECTION 3.AMENDMENT. Subsection 5 of section 16.1-01-01 of the North Dakota Century Code is amended and reenacted as follows:


a. Procure and distribute supplies required for voting in the county.

b. Prepare and disseminate voter information as prescribed by the secretary of state.

c. Fully comply with the test election required of this section.

d. Carry out uniform training programs for all county and precinct election officials as prescribed by the secretary of state.

e. Provide completed reports on election matters as required by the secretary of state.

t. Attend, or send a designee to attend, state election conferences convened by the secretary of state.

g_,_ Comply with the form of the ballot as prescribed by state law and the secretary of state.

~ Comply with the standards for voting precincts and polling locations, numbering precincts, precinct maps, maintaining and updating pollbooks, and forms and supplies, including ballots. pollbooks. and reports as established by the secretary of state.

L. Assist with investigations initiated by the secretary of state under this section.

L Receive and handle complaints referred to the county auditor by any voter or precinct official involving circulation of petitions, challenges to voters, actions of election officials, or irregularities of any kind in voting. The county auditor shall refer complaints to the secretary of state or the proper prosecuting authority, as the county auditor deems appropriate.

Upon completion of the duties required by this subsection, the county auditor shall certify to the secretary of state, in the manner prescribed by the secretary of state, that the duties have been completed. A knowing violation of this subsection is an offense under section 12.1-11-06.

Renumber accordingly

(1) DESK (3) COMMITTEE Page 1 s_stcomrep_ 45_001

2017 TESTIMONY

HB 1363

• f'

ALVIN A . JAEGER SECRETARY OF STATE

A--++cvlt ~-e J- I r3 l,, 3

) .., )-L, - I 7 PHONE (701 ) 328-2900

FAX (701 ) 328-2992 . ff PAGE www.nd .gov/sos E-MAIL sos@ nd.gov

•

•

SECRETARY OF STATE STATE OF NORTH DAKOTA

600 EAST BO ULEVARD AVENUE DEPT 108 BISMARCK ND 58505-0500

January 26, 2017

TO: Chairman Jim Kasper and members of the House Government and Veteran's Affairs Committee

FR: John Arnold, Elections Director, on behalf of Secretary of State Al Jaeger

RE: HB 1363 - Election Administration

House Bill 1363 clarifies what a jurisdiction is allowed to do when an identified polling place becomes unavailable for use prior to an election. It creates naming consistency for the current four different ways a polling place is referenced in the law; it makes the current practice regarding what is provided to the counties from the Secretary of State prior to an election consistent with the law; and it corrects an oversight in the law regarding certain vacancies in office that occur near the filing deadline for an election.

Section 1, page 1, line 11 : Polling "location" is changed to "place." Of the four names in current law for the place where voters go to vote, "polling place" is the name used most often. We suggest the consistency in the name to make it easier when searching for related laws in the Century Code.

Section 2, page 2, line 14: Polling "locations" is changed to "places."

Section 3, page 2, lines 24-26: The December 31 deadline for the establishment of precinct boundaries from section 16.1.04-03 is moved to a new subsection in section 16.1-04-01 , which, under this bill, will become the one section of law regarding the establishment of the precinct boundaries.

Section 4, page 2, line 29: "Voting" places is changed to "polling" places.

Page 3, lines 1 and 2: Two references to "voting" places are changed to "polling" places. Also, "and may alter the voting places when there is a good and sufficient reason," is struck in favor of its inclusion in the new subsection added on lines 16-20 of the same page.

Page 3, lines 4 and 5: Establishes the deadline for setting polling places to the sixty-fourth day before an election. For consistency, sixty-four days was selected because it is also the same day by which early voting polling places need to be established.

Page 3, line 6: "Voting" places is changed to "polling" places.

Page 3, line 9 and 11 : Two references to polling "location" are changed to "place."

Page 3, lines 14 and 15: The penalty for voting at more than one polling place is struck since it is addressed in 16.1-01-12.

Page 3, lines 16-20: Creates subsection 4, which clarifies the ability of county commissions to alter polling places once they have been established. Also states that when a polling place is changed, the name and location of the new polling place must be posted at the previous location on Election Day .

r

•

•

•

Section 5, page 4, line 5: Poling "locations" is changed to "places."

Page 5, line 6: Polling "location" is changed to "place. "

Page 5, lines 8 and 9: Allows for electors from any precinct within a multi-precinct polling place to challenge the qualification of any election judge to serve.

Section 6, page 5, line 24: "Voting location" is changed to "polling place."

Section 7, page 6, line 1: Polling "location" is changed to "place."



Page 6, line 31: "Voting location" is changed to "early voting polling place."

Page 7, lines 7, 18, and 22: "Voting location" is changed to "polling place."


Section 11, page 8, line 27: Post office address is removed from the certified list of nominees.

Section 12, page 9, line 7: "Voting" place is changes to "polling" place.

Page 9, line 18: Legislative Council changed "thereof' to "of the order."

Section 13, page 9, line 29: Sixty days is changed to ninety-five days. With the candidate filing deadline falling on the sixty-fourth day before an election, the law currently leaves open the possibility that an office could be required to appear on the ballot after the candidate filing deadline has past. This would mean that the office could only be filled with write-in candidates. We suggest ninety-five days to be consistent with other areas in law in which potential candidates have a minimum of one month to gather signatures to have their name placed on the ballot. If the vacancy were to occur in an office covered by Chapter 44-02 on a date less than ninety-five days before the election, the vacancy would be filled by appointment until the election that would occur after the next election.

Section 14, page 10, line 4: Sixty days is changed to ninety-five days for the same reasons as in Section 13 of this bill.


Section 16, page 10, line 16: Section 16.1-04-03 of the North Dakota Century Code is repealed due to the addition of deadlines into sections 16.1-04-01 and 16.1-04-02 in sections 3 and 4 of this bill.

Repealed Section= 16.1-04-03. Time limitations. The authority granted by this chapter must be exercised by the respective governing bodies no later than December thirty-first of the year immediately preceding an election cycle and no later than seventy days before a special election. If legislative reapportionment occurs, the authority granted by this chapter must be exercised, as it relates to the establishment or re-establishment of voting precincts that may be required because of any change in legislative districts, within thirtyfive days after the effective date of the reapportionment.

We request your favorable consideration and a do pass recommendation .

,

ALVIN A. JAEGER SECRETARY OF STATE

PHON E (701) 328-2900 FAX (701) 328-2992

. E PAGE www.nd.gov/sos E-MAI L [email protected]

•

•

SECRETARY OF STATE STATE OF NORTH DAKOTA

600 EAST BOULEVAR D AVENUE DEPT 108 BISMARCK ND 58505-0500

March 3, 2017

TO: Chairman Poolman and members of the House Government and Veteran's Affairs Committee

FR: John Arnold, Elections Director, on behalf of Secretary of State Al Jaeger

RE: HB 1363 - Election Administration

House Bill 1363 clarifies what a jurisdiction is allowed to do when an identified polling place becomes unavailable for use prior to an election. It creates naming consistency for the current four different ways a polling place is referenced in the law; it makes the current practice regarding what is provided to the counties from the Secretary of State prior to an election consistent with the law; and it corrects an oversight in the law regarding certain vacancies in office that occur near the filing deadline for an election.

Section 1, page 1, line 11: Polling "location" is changed to "place." Of the four names in current law for the place where voters go to vote, "polling place" is the name used most often. We suggest the consistency in the name to make it easier when searching for related laws in the Century Code.

Section 2, page 2, line 14: Polling "locations" is changed to "places."

Section 3, page 2, lines 24-26: The December 31 deadline for the establishment of precinct boundaries from section 16.1.04-03 is moved to a new subsection in section 16.1-04-01 , which, under this bill , will become the one section of law regarding the establishment of the precinct boundaries.

Section 4, page 2, line 29: "Voting" places is changed to "polling" places.

Page 3, lines 1 and 2: Two references to "voting" places are changed to "polling" places. Also, "and may alter the voting places when there is a good and sufficient reason ," is struck in favor of its inclusion in the new subsection added on lines 16-20 of the same page.

Page 3, lines 4 and 5: Establishes the deadline for setting polling places to the sixty-fourth day before an election. For consistency, sixty-four days was selected because it is also the same day by which early voting polling places need to be established.

Page 3, line 6: "Voting" places is changed to "polling" places.

Page 3, line 9 and 11 : Two references to polling "location" are changed to "place."

Page 3, lines 14 and 15: The penalty for voting at more than one polling place is struck since it is addressed in 16.1-01-12.

Page 3, lines 16-20: Creates subsection 4, which clarifies the ability of county commissions to alter polling places once they have been established. Also states that when a polling place is changed, the name and location of the new polling place must be posted at the previous location on Election Day .

/

•

•

•

Section 5, page 4, line 5: Poling "locations" is changed to "places."

Page 5, line 6: Polling "location" is changed to "place."

Page 5, lines 8 and 9: Allows for electors from any precinct within a multi-precinct polling place to challenge the qualification of any election judge to serve.



Section 8, page 6 1 line 6: Polling "location" is changed to "place. "


Page 6, line 31: "Voting location" is changed to "early voting polling place."

Page 7, lines 7, 18, and 22: "Voting location" is changed to "polling place. "

Section 10, page 8, line 3: Polling "location" is changed to "place. "

Section 11, page 8, line 27: Post office address is removed from the certified list of nominees.

Section 12, page 9, line 7: "Voting" place is changes to "polling" place.

Page 9, line 18: Legislative Council changed "thereof' to "of the order."

Section 13, page 9, line 29: Sixty days is changed to ninety-five days. With the candidate filing deadline falling on the sixty-fourth day before an election, the law currently leaves open the possibility that an office could be required to appear on the ballot after the candidate filing deadline has past. This would mean that the office could only be filled with write-in candidates. We suggest ninety-five days to be consistent with other areas in law in which potential candidates have a minimum of one month to gather signatures to have their name placed on the ballot. If the vacancy were to occur in an office covered by Chapter 44-02 on a date less than ninety-five days before the election, the vacancy would be filled by appointment until the election that would occur after the next election.



Section 16, page 10, line 16: Section 16.1-04-03 of the North Dakota Century Code is repealed due to the addition of deadlines into sections 16.1-04-01 and 16.1-04-02 in sections 3 and 4 of this bill.

Repealed Section= 16.1-04-03. Time limitations. The authority granted by this chapter must be exercised by the respective governing bodies no later than December thirty-first of the year immediately preceding an election cycle and no later than seventy days before a special election. If legislative reapportionment occurs, the authority granted by this chapter must be exercised, as it relates to the establishment or re-establishment of voting precincts that may be required because of any change in legislative districts, within thirtyfive days after the effective date of the reapportionment.

We request your favorable consideration and a do pass recommendation .

•

•

17.8153.01002 Title.

\-t3 \3<c., 3 3- \D- \7

Prepared by the Legislative Council staff for Representative Dockter

March 9, 2017

PROPOSED AMENDMENTS TO HOUSE BILL NO. 1363



Page 2, after line 21 , insert:

"SECTION 3. AMENDMENT. Subsection 5 of section 16.1-01-01 of the North Dakota Century Code is amended and reenacted as follows:


a.

b.

C.

d.

e.

t

fl.

he

Procure and distribute supplies required for voting in the county.

Prepare and disseminate voter information as prescribed by the secretary of state.

Fully comply with the test election required of this section.

Carry out uniform training programs for all county and precinct election officials as prescribed by the secretary of state.

Provide completed reports on election matters as required by the secretary of state .

Attend, or send a designee to attend, state election conferences convened by the secretary of state.

Comply with the form of the ballot as prescribed by state law and the secretary of state.

Comply with the standards for voting precincts and polling locations, numbering precincts, precinct maps, maintaining and updating pollbooks, and forms and supplies, including ballots, pollbooks, and reports as established by the secretary of state.

L. Assist with investigations initiated by the secretary of state under this section.

1. Receive and handle complaints referred to the county auditor by any voter or precinct official involving circulation of petitions, challenges to voters, actions of election officials, or irregularities of any kind in voting. The county auditor shall refer complaints to the secretary of state or the proper prosecuting authority, as the county auditor deems appropriate.

Upon completion of the duties required by this subsection, the county auditor shall certify to the secretary of state, in the manner prescribed by the secretary of state, that the duties have been completed. A knowing violation of this subsection is an offense under section 12.1-11 -06.

• Renumber accordingly

Page No. 1 17.8153.01002

7

2017 house government and veterans affairs hb 1363 · hb 1363: government and veterans affairs...

Documents