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Minutes for SB299 - Committee on Ethics, Elections and Local Government

Short Title

Election commissioners; role of secretary of state and boards of county commissioners.

Minutes Content for Tue, Feb 6, 2018

Chairperson Bowers opened the hearing on SB299.  Mike Heim, staff revisor, presented a briefing on the bill.

Melissa Wangemann testified in support of SB299 stating it is a bill created by KAC and the four urban counties in the state that have election commissioners.  Ms. Wangemann indicated the bill is their attempt to find a fair compromise between the proponents and the opponents on this legislation. (Attachment 1)

Ed Eilert testified in support of SB299 stating under the current statute, the appointed election commissioners are not required to conform to county personnel policies or to county budget policies.  Mr. Eilert stated that allowance needs to be corrected. (Attachment 2)

James Crowl testified in support of SB299.  Mr. Crowl indicated the bill will solve who has the final say regarding the amount to be budgeted each year for the elections office--the appointed by the state elections commissioner or the elected board of county commissioners.  (Attachment 3)

Mike Taylor testified in support of SB299.  Mr. Taylor indicated the Unified Government of Wyandotte County/Kansas City supports the bill because it returns the responsibility of setting budgets and tax rates back to the elected board of county commissioners where it belongs. (Attachment 4)

After questions from the Committee were addressed by the proponents, the hearing continued.

Ronnie Metsker testified in opposition to SB299 stating the Johnson County Election Office fully embraces and follows the statutes that this bill would address.  Mr. Metsker concluded stating because of the successful, collaborative way in which their office functions within the structure of the Johnson County Government, he sees no need for passage of SB299. (Attachment 5)

Tabitha Lehman testified in opposition to SB299.  Ms. Lehman stated they currently use county personnel policies, and she has no issues with changing state law to say that's a requirement.  Ms. Lehman concluded by stating she firmly believes that if she had not had the authority granted to her by KSA 19-3424, she would not have sufficient staff and funding to conduct elections in Sedgwick County currently. (Attachment 6)

Andrew Howell testified in opposition to SB299.  Mr. Howell stated they are accountable not only to county commissioners, but also accountable to the public.  Mr. Howell indicated the voting public can tell you whether the system works or does not work.  Mr. Howell stated they are also accountable to the Secretary of State, whose job it is to be in charge of how elections are run in the state. (Attachment 7)

Bryan Caskey testified in opposition to SB299.  Mr. Caskey discussed some of the issues that were brought up during the previous conferees' testimony. Mr. Caskey stated that election commissioners are appointed by the Secretary of State, who is the chief state election official, and county board of commissioners are directed to pay the certified budget.  Mr. Caskey explained how budget decisions positively or negatively impact the administration of elections. (Attachment 8)

After some questions were addressed, the hearing continued.

Representative Keith Esau testified in opposition to SB299 stating there is a provision for the counties to implement a sales tax that is specifically for elections.  Representative Esau briefly explained how that sales tax could be implemented if there is an excessive need for it for elections. (Attachment 9)

Written testimony in support of SB299 was submitted by:

David Dennis, Chairman, Sedgwick County Board of County Commissioners (Attachment10)

Written testimony in opposition of SB299 was submitted by:

Bruce Newby, Wyandotte County Election Commissioner (Attachment 11)

Questions from the Committee members were addressed.  Chairperson Bowers pointed out Jill Shelley and Katelin Neikirk, research staff, put together a state comparison chart titled "Election Officials, Kansas and Nearby States" as a reference. (Attachment 12)

Chairperson Bowers closed the hearing on SB299.