Legislature(2019 - 2020)

2020-02-10 House Journal

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2020-02-10                     House Journal                      Page 1581
HB 83                                                                                                                         
The following was before the House in second reading:                                                                           
                                                                                                                                
    CS FOR HOUSE BILL NO. 83(STA)                                                                                               
    "An Act relating to voting by electronic transmission in a state                                                            
    election; and providing for an effective date."                                                                             
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 2, line 2:                                                                                                                 
    Delete all material.                                                                                                        
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                

2020-02-10                     House Journal                      Page 1582
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 83(STA)                                                                                                                    
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  12  NAYS:  22   EXCUSED:  2   ABSENT:  3  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick, Pruitt,                                                           
Rasmussen, Shaw, Talerico, Tilton, Vance                                                                                        
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Hannan, Hopkins,                                                                       
Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon, LeDoux,                                                                
Lincoln, Ortiz, Spohnholz, Story, Stutes, Thompson, Tuck, Wool,                                                                 
Zulkosky                                                                                                                        
                                                                                                                                
Excused:  Neuman, Sullivan-Leonard                                                                                              
                                                                                                                                
Absent:  Foster, Rauscher, Tarr                                                                                                 
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, lines 1 - 2 (title amendment):                                                                                          
    Delete "; and providing for an effective date"                                                                            
                                                                                                                                
Page 2, line 3:                                                                                                                 
    Delete all material.                                                                                                        
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 2 was adopted, and the new title follows:                                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 83(STA)(efd del)                                                                                      
    "An Act relating to absentee voting by electronic transmission in a                                                         
    state election."                                                                                                            
                                                                                                                                
Amendment No. 3 was offered  by Representative Eastman:                                                                          

2020-02-10                     House Journal                      Page 1583
Page 1, line 1, following "election;" (title amendment):                                                                      
    Insert "providing that an election official who knowingly                                                                 
provides more than one ballot to the same voter in a polling place                                                            
without destroying all but one of the ballots as spoiled ballots has                                                          
committed election official misconduct in the first degree;"                                                                  
                                                                                                                                
Page 2, following line 1:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 15.56.070(a) is amended to read:                                                                                
         (a)  A person commits the crime of election official                                                                   
    misconduct in the first degree if while an election official, the                                                           
    person                                                                                                                      
             (1)  intentionally fails to perform an election duty or                                                            
    knowingly does an unauthorized act with the intent to affect an                                                             
    election or its results;                                                                                                    
             (2)  knowingly permits or makes or attempts to make a                                                              
    false count of election returns; [OR]                                                                                       
             (3)  intentionally conceals, withholds, destroys, or                                                               
     attempts to conceal, withhold, or destroy election returns; or                                                        
             (4)  knowingly provides more than one ballot to the                                                            
    same voter in a polling place without having all but one of the                                                         
    ballots destroyed under AS 15.15.250 as spoiled ballots."                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Kreiss-Tomkins objected.                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 83(STA)(efd del)                                                                                                           
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  12  NAYS:  24   EXCUSED:  2   ABSENT:  1  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Merrick, Pruitt,                                                           
Rasmussen, Shaw, Talerico, Tilton, Vance                                                                                        
                                                                                                                                

2020-02-10                     House Journal                      Page 1584
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kopp, Kreiss-Tomkins, LeBon,                                                               
LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson,                                                               
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                
Excused:  Neuman, Sullivan-Leonard                                                                                              
                                                                                                                                
Absent:  Rauscher                                                                                                               
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "election;" (title amendment):                                                                      
    Insert "providing that a voter who votes or attempts to vote in                                                           
an election held in this state and in another state on the same date,                                                         
with the intent that the person's vote be counted more than once,                                                             
commits voter misconduct in the first degree;"                                                                                
                                                                                                                                
Page 2, following line 1:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 15.56.040(a) is amended to read:                                                                                
         (a)  A person commits the crime of voter misconduct in the                                                             
    first degree if the person                                                                                                  
             (1)  votes or attempts to vote in the name of another                                                              
    person or in a name other than the person's own;                                                                            
             (2)  votes or attempts to vote more than once at the same                                                          
    election, or in an election held in this state and in another state                                                     
    on the same date, with the intent that the person's vote be counted                                                     
    more than once;                                                                                                             
             (3)  intentionally makes a false affidavit, swears falsely,                                                        
    or falsely affirms under an oath required by this title;                                                                    
             (4)  knowingly votes or solicits a person to vote after the                                                        
    polls are closed with the intent that the vote be counted."                                                                 
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                

2020-02-10                     House Journal                      Page 1585
Representative Kreiss-Tomkins objected.                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 83(STA)(efd del)                                                                                                           
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  14  NAYS:  23   EXCUSED:  2   ABSENT:  0  VACANT: 1                                                                    
                                                                                                                                
Yeas:  Carpenter, Eastman, Gillis, Jackson, Johnson, Kopp, Merrick,                                                             
Pruitt, Rasmussen, Rauscher, Shaw, Talerico, Tilton, Vance                                                                      
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Hannan,                                                                        
Hopkins, Johnston, Josephson, Knopp, Kreiss-Tomkins, LeBon,                                                                     
LeDoux, Lincoln, Ortiz, Spohnholz, Story, Stutes, Tarr, Thompson,                                                               
Tuck, Wool, Zulkosky                                                                                                            
                                                                                                                                
Excused:  Neuman, Sullivan-Leonard                                                                                              
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was not offered.                                                                                                
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
Representative LeDoux be excused from a call of the House today.                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 6 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "election;" (title amendment):                                                                      
    Insert "relating to the duty of the director of elections to collect                                                      
certain information related to absentee voters;"                                                                              
                                                                                                                                
Page 2, following line 1:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 15.20.220 is amended by adding a new subsection to                                                              
read:                                                                                                                           
         (c) Before the certification of a state ballot counting review                                                         
    under AS 15.15.450, the director shall select random voters in                                                              

2020-02-10                     House Journal                      Page 1586
    each house district who submitted absentee ballots. The director                                                            
    shall attempt to contact the voter to confirm that the voter returned                                                       
    an absentee ballot. On or before the day the director certifies a                                                           
    state ballot counting review under AS 15.15.450, the director shall                                                         
    aggregate the information collected under this subsection, deliver                                                          
    the information to the senate secretary and the chief clerk of the                                                          
    house of representatives, and notify the legislature that the                                                               
    information is available. The director shall include in the                                                                 
    information delivered under this subsection the number of                                                                   
    absentee voters, by district, that                                                                                          
             (1)  the division attempted to contact;                                                                            
             (2)  the division successfully contacted;                                                                          
             (3)  reported voting by absentee ballot in the applicable                                                          
    election; and                                                                                                               
             (4)  reported not voting by absentee ballot in the                                                                 
    applicable election."                                                                                                       
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 6 be adopted.                                                                                                     
                                                                                                                                
Representative Kreiss-Tomkins objected.                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 6 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 83(STA)(efd del)                                                                                                           
Second Reading                                                                                                                  
Amendment No. 6                                                                                                                 
                                                                                                                                
YEAS:  2   NAYS:  34   EXCUSED:  3   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Eastman, Jackson                                                                                                         
                                                                                                                                
Nays:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis,                                                             
Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                     
Kreiss-Tomkins, LeBon, Lincoln, Merrick, Ortiz, Pruitt, Rasmussen,                                                              
Rauscher, Shaw, Spohnholz, Story, Stutes, Talerico, Tarr, Thompson,                                                             
Tilton, Tuck, Vance, Wool, Zulkosky                                                                                             
                                                                                                                                
Excused:  LeDoux, Neuman, Sullivan-Leonard                                                                                      
                                                                                                                                

2020-02-10                     House Journal                      Page 1587
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 6 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 7 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "election;" (title amendment):                                                                      
    Insert "requiring the division of elections to make available to                                                          
certain persons the electronic database that contains the results of                                                          
an election;"                                                                                                                 
                                                                                                                                
Page 2, following line 1:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 15.20 is amended by adding a new section to read:                                                               
         Sec. 15.20.223. Provision of electronic database containing                                                          
    the results of a state election. Regardless of whether an election                                                        
    recount is requested under AS 15.20.430 or an election is                                                                   
    contested under AS 15.20.540, upon the request of a candidate, a                                                            
    political party, or an organization or organized group that sponsors                                                        
    or opposes an initiative, referendum, or recall at an election, the                                                         
    director shall provide without charge access to the unencrypted                                                             
    electronic database containing the ballot tabulations and vote                                                              
    totals for the election."                                                                                                   
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 7 be adopted.                                                                                                     
                                                                                                                                
Representative Kreiss-Tomkins objected.                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 7 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 83(STA)(efd del)                                                                                                           
Second Reading                                                                                                                  
Amendment No. 7                                                                                                                 
                                                                                                                                
YEAS:  3   NAYS:  32   EXCUSED:  3   ABSENT:  1  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Eastman, Rauscher, Tilton                                                                                                
                                                                                                                                

2020-02-10                     House Journal                      Page 1588
Nays:  Carpenter, Claman, Drummond, Edgmon, Fields, Foster, Gillis,                                                             
Hannan, Hopkins, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                     
Kreiss-Tomkins, LeBon, Lincoln, Merrick, Ortiz, Pruitt, Rasmussen,                                                              
Shaw, Spohnholz, Story, Stutes, Talerico, Tarr, Thompson, Tuck,                                                                 
Vance, Wool, Zulkosky                                                                                                           
                                                                                                                                
Excused:  LeDoux, Neuman, Sullivan-Leonard                                                                                      
                                                                                                                                
Absent:  Jackson                                                                                                                
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 7 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 8 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 2, line 1, following "facsimile":                                                                                      
    Insert ", unless the voter is an absent uniformed services voter"                                                       
                                                                                                                                
Page 2, following line 1:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Sec. 2. AS 15.80.010(1) is amended to read:                                                                                
             (1)  "absent uniformed services voter" has the meaning                                                             
    given in 52 U.S.C. 20310 [42 U.S.C. 1973ff-6];"                                                                         
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 8 be adopted.                                                                                                     
                                                                                                                                
Objection was heard and withdrawn.  There being no further objection,                                                           
Amendment No. 8 was adopted.                                                                                                    
                                                                                                                                
Amendment No. 9 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "election;" (title amendment):                                                                      
    Insert "relating to the procedures and deposit amount required                                                            
for recounting ballots;"                                                                                                      
                                                                                                                                
Page 2, following line 1:                                                                                                       
    Insert new bill sections to read:                                                                                           
"* Sec. 2. AS 15.20.430(a) is amended to read:                                                                                

2020-02-10                     House Journal                      Page 1589
         (a)  A defeated candidate or 10 qualified voters who believe                                                           
    there has been a mistake made by an election official or by the                                                             
    counting board in counting the votes in an election, may file an                                                            
    application within five days after the completion of the state                                                              
    review to the director for a recount of the votes from any                                                                  
    particular precinct or any house district and for any particular                                                            
    office, proposition, or question. However, the application may be                                                           
    filed only within three days after the completion of the state                                                              
    review after the general election for a recount of votes cast for the                                                       
    offices of governor and lieutenant governor. An applicant may                                                           
    request that the division conduct the recount without using                                                             
    optical scanning equipment. If there is a tie vote as provided in                                                       
    AS 15.15.460, the director shall initiate the recount and give                                                              
    notice to the interested parties as provided in AS 15.20.470.                                                               
   * Sec. 3. AS 15.20.450 is amended to read:                                                                                 
         Sec. 15.20.450. Costs of recount; requirement of deposit.                                                            
    The application must include a deposit in cash, by certified check,                                                         
    or by bond with a surety approved by the director. The amount of                                                            
    the deposit is $1,000 for each precinct, $2,000 for each house                                                              
    district, and $25,000 [$15,000] for the entire state. If an applicant                                               
    requests under AS 15.20.430(a) that the division conduct the                                                            
    recount without using optical scanning equipment, the amount                                                            
    of the deposit is $1,000 for each precinct, $2,000 for each                                                             
    house district, or $65,000 for the entire state. If the recount                                                         
    includes an office for which candidates received a tie vote, or the                                                         
    difference between the number of votes cast was 20 or less or was                                                           
    less than .5 percent of the total number of votes cast for the two                                                          
    candidates for the contested office, or a question or proposition for                                                       
    which there was a tie vote on the issue, or the difference between                                                          
    the number of votes cast in favor of or opposed to the issue was 20                                                         
    or less or was less than .5 percent of the total votes cast in favor of                                                     
    or opposed to the issue, the application need not include a deposit,                                                        
    and the state shall bear the cost of the recount. If, on the recount, a                                                     
    candidate other than the candidate who received the original                                                                
    election certificate is declared elected, or if the vote on recount is                                                      
    determined to be four percent or more in excess of the vote                                                                 
    reported by the state review for the candidate applying for the                                                             
    recount or in favor of or opposed to the question or proposition as                                                         
    stated in the application, the entire deposit shall be refunded. If the                                                     
    entire deposit is not refunded, the director shall refund any money                                                         

2020-02-10                     House Journal                      Page 1590
    remaining after the cost of the recount has been paid from the                                                              
    deposit.                                                                                                                    
   * Sec. 4. AS 15.20.450 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (b)  The division shall conduct a recount paid for by the state                                                        
    under (a) of this section because of a tie vote, a difference of 20                                                         
    votes or less, or a difference of less than .5 percent of the total                                                         
    number of votes cast, using optical scanning equipment. A                                                                   
    candidate or 10 qualified voters may, within three days after the                                                           
    director provides notice of a recount to interested parties under                                                           
    AS 15.20.430(a), request that the recount be conducted without                                                              
    the use of optical scanning equipment, and, if the request relates to                                                       
    a statewide recount, the requester shall pay a $40,000 deposit.                                                            
   * Sec. 5. AS 15.20.480 is amended to read:                                                                                 
         Sec. 15.20.480. Procedure for recount. In conducting the                                                             
    recount, the director shall review all ballots, whether the ballots                                                         
    were counted at the precinct or by computer or by the district                                                              
    absentee counting board or the questioned ballot counting board,                                                            
    to determine which ballots, or part of ballots, were properly                                                               
    marked and which ballots are to be counted in the recount, and                                                              
    shall check the accuracy of the original count, the precinct                                                                
    certificate, and the review. The director shall count absentee                                                              
    ballots received before the completion of the recount. For                                                                  
    administrative purposes, the director may join and include two or                                                           
    more applications in a single review and count of votes. The rules                                                          
    in AS 15.15.360 governing the counting of ballots shall be                                                                  
    followed in the recount when a ballot is challenged on the basis of                                                         
    a question regarding the voter's intent to vote for the candidate,                                                          
    proposition, or question. The ballots and other election material                                                           
    must remain in the custody of the director during the recount, and                                                          
    the highest degree of care shall be exercised to protect the ballots                                                        
    against alteration or mutilation. The recount shall be completed                                                            
    within 10 days. If the applicant requesting the recount also                                                            
    requests under AS 15.20.430(a) that the division conduct the                                                            
    recount without using optical scanning equipment, the division                                                          
    may not recount ballots using optical scanning equipment. The                                                           
    director may employ additional personnel necessary to assist in                                                             
    the recount."                                                                                                               
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               

2020-02-10                     House Journal                      Page 1591
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 9 be adopted.                                                                                                     
                                                                                                                                
Representative Kreiss-Tomkins objected.                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 9 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 83(STA) am(efd del)                                                                                                        
Second Reading                                                                                                                  
Amendment No. 9                                                                                                                 
                                                                                                                                
YEAS:  2   NAYS:  34   EXCUSED:  3   ABSENT:  0  VACANT:  1                                                                   
                                                                                                                                
Yeas:  Carpenter, Eastman                                                                                                       
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fields, Foster, Gillis, Hannan,                                                                
Hopkins, Jackson, Johnson, Johnston, Josephson, Knopp, Kopp,                                                                    
Kreiss-Tomkins, LeBon, Lincoln, Merrick, Ortiz, Pruitt, Rasmussen,                                                              
Rauscher, Shaw, Spohnholz, Story, Stutes, Talerico, Tarr, Thompson,                                                             
Tilton, Tuck, Vance, Wool, Zulkosky                                                                                             
                                                                                                                                
Excused:  LeDoux, Neuman, Sullivan-Leonard                                                                                      
                                                                                                                                
Vacant:  District 3                                                                                                             
                                                                                                                                
And so, Amendment No. 9 was not adopted.                                                                                        
                                                                                                                                
Representative Thompson moved and asked unanimous consent that                                                                  
CSHB 83(STA) am(efd del) be considered engrossed, advanced to                                                                   
third reading, and placed on final passage.                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 83(STA) am(efd del) will advance to third reading on the                                                                   
February 12 calendar.