Legislature(2019 - 2020)
2020-02-10 House Journal
Full Journal pdf2020-02-10 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 Objection was heard and withdrawn.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.