Approved: March 15, 2017

MINUTES OF THE HOUSE ELECTIONS COMMITTEE

The meeting was called to order by Chairperson Keith Esau at 1:30 pm on Monday, February 13, 2017, in room 281-N of the Capitol.

All members were present

Committee staff present: Joanna Dolan, Legislative Research Department Leslie Wolfe, Kansas Legislative Committee Assistant Martha Dorsey, Legislative Research Department Mike Heim, Office of Revisor of Statutes

Conferees appearing before the Committee: HB2333

Proponents: Kris W. Kobach, Kansas Secretary of State Cille King, for Marge Ahrens, Co-President, League of Women Voters of Kansas

Opponents: Davis Hammet, Topeka, Kansas

HB2251

Proponents: Representative Jarrod Ousley, Kansas House of Representatives Cille King, for Marge Ahrens, Co-President, League of Women Voters of Kansas Davis Hammet, Topeka, Kansas

Written Only: Jamie Shew, Douglas County Clerk, Lawrence, Kansas

Neutral: Bryan Caskey, Director of Elections, Kansas Secretary of State's Office

Others in attendance: See Attached List

Hearing on: HB2333 — Audits of election results; voting machine requirements; timing of the canvass. Mike Heim, Senior Assistant Revisor, provided descriptions of both HB2333 and HB2251, dealing

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 1 CONTINUATION SHEET MINUTES of the Committee on Elections at 1:30 pm on Monday, February 13, 2017, in room 281-N of the Capitol. with election audits, pointing out the differences between the two bills.

There were no questions from the Committee for Mr. Heim.

Representative Esau, Chair, opened the hearing on HB2333.

Proponents:

Kris W. Kobach, Kansas Secretary of State, provided testimony on HB2333, stating the Secretary of State's Office was in favor of both HB2333 and HB2251, preferring HB2333, requiring manual post- election audit of a subsection of ballots in each county. He stated the best time to do the audit is between the election and the canvass, and that both bills include a requirement for all future election machinery in Kansas to have a paper trail (Attachment 1).

Secretary Kobach and Bryan Caskey, Director of Elections, answered questions from the Committee.

Cille King, substituting for Marge Ahrens, Co-President, League of Women Voters of Kansas, provided testimony in support of both HB2333 and HB2251 (Attachment 2), referencing data analysis and survey done by Dr. Beth Clarkson following two elections in Sedgwick County.

Ms. King answered questions from the Committee, stating information on Dr. Clarkson's work would be provided to the Committee at a later date.

Opponents:

Davis Hammet, Topeka, Kansas, provided testimony on HB2333, preferring the entire ballot be audited rather than just one office (Attachment 3).

Mr. Hammet and Secretary Kobach answered questions from the Committee.

There being no further opponents and no neutral testimonies, the hearing on HB2333 was closed.

Hearing on: HB2251 — Election audits; voting machine requirements; time of canvass. Proponents:

Representative Jarrod Ousley, Kansas House of Representatives, provided testimony on HB2251 (Attachment 4).

Representative Ousley, Secretary of State Kris Kobach, and Representative Esau, Chair, answered questions from the Committee.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 2 CONTINUATION SHEET MINUTES of the Committee on Elections at 1:30 pm on Monday, February 13, 2017, in room 281-N of the Capitol.

Cille King, for Marge Ahrens, Co-President, League of Women Voters of Kansas, had nothing further to add to her previous testimony.

Davis Hammet, Topeka, Kansas, provided written testimony in support of HB2251 (Attachment 5) and had nothing further to add to his previous testimony.

Written only:

Jamie Shew, Douglas County Clerk, Lawrence, Kansas (Attachment 6)

There were no opponents.

Neutral:

Bryan Caskey, Director of Elections, Secretary of State's Office, provided written testimony (Attachment 7); Secretary Kobach provided oral testimony.

Secretary Kobach and Bryan Caskey answered questions from the Committee.

There were no other neutral testimonies.

Representative Esau closed the hearing on HB2333 and HB2251, with the intention of working one of the two on Wednesday, February 15, or discussing how to combine them with the least number of amendments possible.

Final action on bills previously heard Mike Heim, Senior Assistant Revisor, provided a review of HB2015, regarding governmental ethics commission documentation.

Representative moved the Committee pass HB2105 favorably, seconded by Representative .

There was discussion by the Committee on HB2015.

There being no further discussion, Representative Carpenter closed.

The motion to pass HB2015 failed, and the bill will remain in the Committee.

Representative Keith Esau, Chair, asked for the will of the Committee on HB2223.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 3 CONTINUATION SHEET MINUTES of the Committee on Elections at 1:30 pm on Monday, February 13, 2017, in room 281-N of the Capitol.

Representative Blake Carpenter moved the Committee pass HB2223 favorably and also had an amendment. Representative seconded the motion to pass the bill; Representative Pete DeGraaf seconded the motion to amend.

Representative Carpenter explained his proposed amendment, copies of which were provided by Mike Heim, Senior Assistant Revisor (Attachment 8).

Representative Carpenter and Mike Heim, Senior Assistant Revisor, answered questions from the Committee. Questions were also answered by Carol Williams, Executive Director, Governmental Ethics Commission.

There was further discussion on the amendment.

Representative Parker proposed a substitute amendment that would lower the penalty to $100 after 48 hours and maintain the $50 a day from that point forward; the motion was not seconded.

There being no second, the original motion remained standing.

There being no further discussion, Representative Carpenter closed on his amendment and a first vote was taken.

Representative Esau, Chair, being in doubt, called for a show of hands.

Representative Carpenter's proposed amendment failed: 5 in favor, 7 opposed.

The Committee returned to discussion of the original bill.

Representative Carpenter moved to table HB2223 , seconded by Representative Alcala.

HB2223 was tabled without objection.

Representative Esau, Chair, adjourned the meeting at 3:02 p.m.

Unless specifically noted, the individual remarks recorded herein have not been transcribed verbatim. Individual remarks as reported herein have not been submitted to the individuals appearing before the committee for editing or corrections. Page 4