Legislature(2021 - 2022)BUTROVICH 205
04/22/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB7 | |
| SB47 | |
| SB12 | |
| SB28 | |
| SB76 | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 7 | TELECONFERENCED | |
| += | SB 12 | TELECONFERENCED | |
| += | SB 28 | TELECONFERENCED | |
| += | SB 47 | TELECONFERENCED | |
| += | SB 76 | TELECONFERENCED | |
| += | SB 39 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 39-BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
3:55:53 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 39
"An Act relating to elections; relating to voter registration;
relating to ballots and a system of tracking and accounting for
ballots; establishing an election offense hotline; designating
as a class A misdemeanor the collection of ballots from other
voters; designating as a class C felony the intentional opening
or tampering with a sealed ballot, certificate, or package of
ballots without authorization from the director of the division
of elections; and providing for an effective date."
[The committee adopted work draft CSSB 39(STA), work order 32-
LS0204/O, as the working document on 4/15/21.]
Speaking as sponsor, Senator Shower advised that his staff would
give a short presentation before the committee considered
amendments.
3:56:52 PM
TERRENCE SHANIGAN, Staff, Senator Mike Shower and Senate State
Affairs Standing Committee, Alaska State Legislature, Juneau,
Alaska, advised that the PowerPoint highlights the differences
between version A and version O and outlines what version O
does. He directed attention to language on slide 1 that
describes the intent of SB 39. It reads as follows:
INCREASED VOTER ACCESS, IMPROVED DATA SECURITY, BALLOT
QUALIFICATION, CHAIN OF CUSTODY, AND MAXIMIZED LOCAL
CONTROL.
3:58:11 PM
MR. SHANIGAN briefly discussed the provisions in version A that
were eliminated and then he described the following provisions
that appear in version O:
• Distributed Ledger Technology. This allows ballots to be
timestamped and tracked.
• USPS Ballot Chain-of-Custody Tracking System
• Multi-Factor Authentication
• Ballot Qualification. This provision focuses on qualifying
ballots, resolving technical issues, and curing problems
before the election is certified.
CHAIR SHOWER advised that ballot curing provides voters the
opportunity to fix or cure an error, so their vote is counted.
4:02:21 PM
MR. SHANIGAN added that a technical error on the ballot envelope
is what may be cured. The intent is that DOE will immediately
notify the voter of the error and give the individual a chance
to correct it. The ballot remains in the secrecy sleeve inside
the envelope and is never exposed during the curing process. He
noted that ballot curing is becoming more common nationwide.
CHAIR SHOWER asked him to talk about the provision that
addresses what happens if somebody inadvertently votes twice.
MR. SHANIGAN related that the bill would codify the process of
resolving which ballot would count but he believes that should
be a committee discussion and decision. He noted that this
decision currently is a matter of policy, which can change with
the administration.
CHAIR SHOWER stated his belief that the legislature should
assert its authority and codify the policy.
4:06:00 PM
SENATOR KAWASAKI said he was having difficulty locating the
provisions in the bill. He added that he supports including
tribal IDs as acceptable identification for voting, but he
wonders about the elimination of hunting and fishing licenses as
IDs.
4:06:29 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, Alaska, advised that the cure section
appears on page 20.
SENATOR KAWASAKI restated his question.
MR. OGAN explained that hunting and fishing licenses were
dropped as acceptable IDs because venders do not reliably check
the applicant's identification when they apply for a license.
The only check is an unsworn falsification statement that the
applicant signs.
CHAIR SHOWER summarized that hunting and fishing licenses did
not seem to have a sufficient level of verification to qualify
as a valid ID for voting purposes. By contrast, tribal IDs have
been verified and he believes their use should be codified.
4:09:11 PM
MR. SHANIGAN continued to review the list of provisions on slide
2 that appear in version O.
• Additional ID Acceptance. This could include correspondence
from a Native corporation or one of the tribal consortiums.
• Maximized Local Control. The idea is to give communities
the most local-level control possible. He noted a recent
conversation with the PFD Division about weak links and how
voter information will be shared with DOE, particularly if
a community chooses to do vote by mail. To prevent
communities from being the weak link in the system for data
security, the bill tries to set standards but allow DOE to
create the agreements with the communities that target the
same standards for security, authentication, and validation
of voters and ballots.
• Tribal Inclusion
• Improved Data Protocols
CHAIR SHOWER emphasized that nothing in the current bill prevents a
local community from using its own mail out scheme.
MR. SHANIGAN agreed.
4:12:23 PM
SENATOR KAWASAKI asked if the bulleted reference to maximized
local control correlates to Section 24 about Division of
Elections (DOE) support of local elections.
CHAIR SHOWER answered yes.
SENATOR KAWASAKI offered his opinion that the requirements in
Section 24 for a city to submit data to DOE and have the
director approve municipal election systems would burden local
communities.
CHAIR SHOWER explained the reasoning. The bill seeks to improve
the accuracy and security of the Division of Elections' voter
roll data and this provision asks municipalities and cities that
conduct their own by-mail elections to maintain the same
security standards as the state if they choose to use those
state resources.
4:15:31 PM
MR. SHANIGAN added that in the discussion about weak links, the
Permanent Fund Division said it started improving its data
security five years ago in response to financial institution
concerns that the division's security measures were a weak link
in the system. The core bank network potentially was vulnerable
through an end user on a laptop. He said the sponsor is looking
at the election system with that in mind. If local governments
use state equipment and technology in an election, the state's
data security standards must be maintained at all levels.
CHAIR SHOWER clarified that the state will implement the
security standards; the responsibility of the local governments
will be to agree to uphold that minimum level of security. He
asked Senator Kawasaki if he had additional questions.
SENATOR KAWASAKI responded that he could get information from
Director Fenumiai when she testifies.
4:17:41 PM
MR. OGAN stated "we changed our attitude about mail-out voting"
because multifactor authentication, ballot chain of custody, and
secure data will ensure the accuracy of the voter rolls.
CHAIR SHOWER summarized that the key points are to have clean
voter rolls, ballot chain of custody, and data security. He
asked Mr. SHANIGAN to continue.
4:19:51 PM
MR. SHANIGAN returned attention to the list of provisions on
slide 2 that appear in version O.
• Expanded Voting Choice. With multifactor authentication and
secure voter rolls, it was possible to move to just one
standard for voting both in-person and absentee.
• VBN (Vote by Mail) Flexibility. Voters may sign up for by-
mail voting on either an annual basis or every four years.
Updating at least every four years helps keep the voter
rolls current.
CHAIR SHOWER emphasized that the bill does not change the voting
options that are currently available. People will still be able
to vote either in-person or absentee.
4:25:22 PM
MR. SHANIGAN continued to review the provisions on slide 2 that
appear in version O.
• Protected PFD AVR (Automatic Voter Registration). Version O
maintains automatic voter registration from the PFD
application but the information is screened and filtered
for eligibility before the Division of Elections uses it in
the voter roll database.
He suggested that Mr. Ogan point to the bill section.
CHAIR SHOWER asked him to address the 30-day provision.
4:27:31 PM
MR. OGAN directed attention to Section 59 on page 26, line 11.
The applicant is required to identify the House district they
have resided in for the last 30 days and attest that the
information is true. This is the length of residency required to
qualify to vote. He said the intention is to filter the data, so
it is more accurate before it goes to the Division of Elections.
CHAIR SHOWER commented that he did not believe they had found
fidelity on this issue and that his office was still working on
amendments.
4:29:29 PM
MR. SHANIGAN continued to review the provisions on slide 2 that
appear in version O.
• Local Exceptions/Waivers Situations that a community might
need a waiver include pandemics, public safety and public
health emergencies, and natural disasters.
He noted that his office was still discussing different ways to
work with tribal communities.
CHAIR SHOWER added that his office had a "tribal entity"
amendment for the next committee of referral to consider.
4:31:05 PM
MR. SHANIGAN continued.
• Protected Ballot Assistance The intention was to protect
citizens who help citizens with their ballots but not
companies or individuals who are paid to do this.
• Harvesting Limited
4:32:33 PM
SENATOR KAWASAKI cited examples in Fairbanks from the Pioneer
Home and the Denali Center where citizens offer legitimate help
picking up ballots. He said he had not seen ballot harvesting in
Alaska and he did not believe it was a large issue. He continued
to say that he did not like the way this provision was written
but he had not prepared an amendment because he was at a loss as
to how to polish the bill.
CHAIR SHOWER acknowledged that some people deny that ballot
harvesting happens, but he knows that it does because he saw it
both during the Knowles campaign and during the last election.
He offered his belief that the language strikes a balance that
protects the citizen-to-citizen legitimate help while keeping
out the professionals. He pointed out that there was a reason
that other states have outlawed it.
MR. OGAN explained that the bill limits a person from collecting
more than six ballots in a single election because that is what
many other states do. He directed attention to the provision on
page 25, line [9 of version O]. He mentioned ballot chain of
custody concerns and argued that limiting people to collecting
just six ballots in an election strikes a reasonable compromise.
4:37:58 PM
CHAIR SHOWER told Senator Kawasaki that he was open to making a
change if he had a better suggestion to accomplish both goals.
SENATOR KAWASAKI suggested that Gail Fenumiai could talk about
the training that the Division of Elections provides for
citizens who collect ballots at the Fairbanks Pioneer Home, the
Denali Center, Raven Landing and the League of Women Voters.
CHAIR SHOWER described an amendment that allows an individual to
collect more ballots if they have training as a potential bridge
between the two positions. However, he maintained that the voter
should still request the help.
4:39:26 PM
MR. SHANIGAN added that the sponsor's office did not provide the
committee with information about the ballot harvesters
throughout the country who were criminally charged in the last
year. He said they were paid millions of dollars from political
parties, governmental entities, and contracts from ad hoc
groups. He mentioned one harvester who had ballots printed in
China for use in Hawaii and throughout the southern U.S.
CHAIR SHOWER wanted that on the record to highlight that ballot
harvesting is not a phantom.
4:41:16 PM
MR. SHANIGAN reviewed the last two provisions on slide 2 that
appear in version O.
• Preserved Paper Records Federal law requires the retention
of election records for 22 months.
• Adherence to National Best Practices
SENATOR SHOWER mentioned the U.S. Department of Justice
assessment of the last election and emphasized that it is
absolutely true, that elections are being influenced and that
Americans have lost faith in the system. He highlighted that the
brief talks specifically about and recommends many of the things
that are in SB 39.
4:44:56 PM
MR. SHANIGAN turned to slide three. He said the four legs of the
election stool are the components that make SB 39 so unique.
These are:
Voter Authentication - know who is voting;
Ballot Chain-of-Custody - know the location of the ballot;
Accurate and Secure Data - make sure DOE looks at more than 31
states because that is just a 60 percent solution. If the
capacity to look at 50 states can't be achieved in-house, the
state should follow the Permanent Fund example and outsource;
and Voter Access - ensure that Alaskans who want to vote
continue to have access without compromising the system.
4:46:41 PM
CHAIR SHOWER recognized that Senator Reinbold joined the
committee online some time ago.
CHAIR SHOWER said that when a reporter recently pointed out that
DOE has methods to check and update the voter rolls, he asked
the reporter if he wouldn't want the 100 percent solution, not
60 percent. To that end, the bill has a provision that requires
DOE to look at other databases to keep the Alaska voter rolls up
to date. Right now, the numbers do not add up to show that the
voter rolls are accurate. He mentioned another provision that
teaches people to unregister when they leave the state. To
illustrate the need for this he pointed to the elected official
from Maine who left Alaska five years ago and is still receiving
ballots from Alaska.
4:49:03 PM
MR. SHANIGAN provided a more in-depth explanation of the four
legs of the election stool.
Voter Authentication Currently ballots are accepted
prima facia and the bill seeks to ensure one person
equals one vote. This is accomplished through a
combination of multifactor authentication and
distributed ledger technology such as block chain.
Ballot Chain of Custody Most states already use mail-
in ballot tracking through the U.S. Postal Service.
The ballots look the same, but they have a bar code
the voter can use to track their ballot.
4:51:17 PM
SENATOR KAWASAKI asked about ballot custody when a voter uses a
municipal drop box.
MR. SHANIGAN explained that the drop boxes are smart boxes that
have cameras to scan the bar code on the ballot envelope so the
voter can track their ballot on their phone. Then the ballot is
scanned again when it is removed from the drop box as part of
the chain of custody tracking system.
SENATOR KAWASAKI posited that municipalities would not be able
to afford smart drop boxes.
CHAIR SHOWER said the municipalities will work with the Division
of Elections to come up with what is feasible. Whether or not
the drop box is a smart box, he said it is still part of the
chain of custody and trained people will remove the ballots.
4:53:45 PM
MR. SHANIGAN discussed the third leg of the election stool.
Accurate & Secure Data The point is that corrupt,
compromised, or insecure data leads to a corrupt,
compromised, or insecure election. Using digital
ledger technology such as blockchain ensures clean
data with timestamps that is virtually impenetrable.
Voter Access Good policy begins with unambiguous
statutes. Voter authentication is important, but the
intention is to remove barriers to voting.
MR. SHANIGAN reviewed the bulleted points on slide 8 about what
is driving election reform.
• Two Major Data Breaches in 2 years. Data is compromised.
• A person can currently print ballots from the internet.
• +20% more people registered to vote than are eligible.
• Current system does not have acceptable protocols or
guidelines for the unique needs in much of rural Alaska.
• No current ballot chain-of-custody mechanisms for VBM.
• System is built on Ballot Disqualification.
• Pay for hire companies can canvas and collect ballots with
no regulations to guide their activity regardless of
intent.
MR. SHANIGAN turned to slide 9 and noted that he had discussed
most of the points on the list of 12 problems addressed by SB
39. He then turned to the video clips that conclude the
presentations.
CHAIR SHOWER, responding to a question from Senator Holland,
explained that the videos illustrate how the use of technology
can make elections better.
SENATOR KAWASAKI highlighted that he had questions for Division
of Elections Director Fenumiai.
CHAIR SHOWER advised that she was not available, but he would
make sure that she received the questions.
4:59:06 PM
MR. SHANIGAN concluded the presentation with a YouTube video
clip about USPS ballot chain of custody.
CHAIR SHOWER advised that this and other video clips were on
BASIS under the "Documents" tab for SB 39.]
5:02:56 PM
CHAIR SHOWER turned to amendments for SB 39.
5:03:56 PM
CHAIR SHOWER moved Amendment 1, work order 32-LS0204\O.1.
32-LS0204\O.1
Klein
4/21/21
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(STA), Draft Version "O"
Page 3, line 19:
Delete "block chain technology"
Insert "the most functional application of
distributed ledger technology, which may include
blockchain, Hashgraph, DAG, Holochain, or Tempo,"
Page 7, line 25:
Delete "block chain technology"
Insert "the most functional application of
distributed ledger technology, which may include
blockchain, Hashgraph, DAG, Holochain, or Tempo,"
Page 23, lines 20 - 21:
Delete "block chain technology"
Insert "the most functional application of
distributed ledger technology, which may include
blockchain, Hashgraph, DAG, Holochain, or Tempo,"
SENATOR HOLLAND objected for discussion purposes.
CHAIR SHOWER explained that the amendment deletes throughout the
bill, the specific reference to "block chain technology" and
inserts a more general reference to distributed ledger
technology (DLT).
5:04:59 PM
SENATOR KAWASAKI observed that the amendment designates types of
distributed ledger technology like DAG, that he was unfamiliar
with, and Tempo that was developed out of country. He asked what
the Division of Elections is expected to do.
CHAIR SHOWER explained that the amendment expands the options of
distributed ledger technology from just blockchain to what is
determined to be the most functional application of DLT, and it
lists several examples. He noted that the bill stipulates that
hardware and software used for elections must be from U.S.
companies. He described DLT as something for DOE explore.
SENATOR KAWASAKI pointed out that two of the four examples in
the amendment have U.S. offices, but the research and
development came from foreign countries.
CHAIR SHOWER replied he was aware of that and if that caused
concern, he could propose an amendment to strike those names or
to stipulate that the options must be U.S. companies.
5:07:13 PM
MR. OGAN confirmed that the bill specifies that U.S. companies
and servers must be used, and he acknowledged that Senator
Kawasaki correctly pointed out that two of the companies
mentioned in the amendment were foreign. He suggested the
committee reference the technology and not any specific
companies.
5:08:04 PM
SENATOR HOLLAND withdrew his objection.
CHAIR SHOWER withdrew Amendment 1.
5:08:47 PM
SENATOR KAWASAKI moved Amendment 2, work order 32-LS0204\O.3.
32-LS0204\O.3
Klein
4/22/21
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR KAWASAKI
TO: CSSB 39(STA), Draft Version "O"
Page 17, lines 24 - 31:
Delete all material and insert:
"(m) An absentee ballot application must
include an option for a qualified voter to choose to
receive absentee ballots by mail for future regularly
scheduled state elections. The division may not
require a voter who chooses this option to reapply for
an absentee ballot by mail unless
(1) the voter has not voted an
absentee ballot for a period of four years; or
(2) the voter's previous absentee
ballot sent under this section was returned to the
division as undeliverable."
CHAIR SHOWER objected for discussion purposes.
SENATOR KAWASAKI explained that the amendment removes the
requirement that a voter who chooses to vote absentee reapply
every four years. However, the Division of Elections would have
to certify that the voter wants to continue to receive absentee
ballots [if they did not vote for four years or their ballot was
returned as undeliverable.]
5:10:52 PM
CHAIR SHOWER moved Conceptual Amendment 1 to Amendment 2.
CONCEPTUAL AMENDMENT 1 TO AMENDMENT 2
Insert (m)(3) "the voter requests to be removed from
the list."
He explained that the bill has a provision that requires the
Division of Elections to educate citizens to unregister when
they leave Alaska with no intention to return. This supports
that requirement.
CHAIR SHOWER found no objection and Conceptual Amendment 1 to
Amendment 2 passed.
5:11:47 PM
CHAIR SHOWER removed his objection. Finding no further
objection, Amendment 2, as amended, passed.
5:12:06 PM
SENATOR KAWASAKI moved Amendment [3], work order 32-LS0204\O.4
32-LS0204\O.4
Klein
4/22/21
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR KAWASAKI
TO: CSSB 39(STA), Draft Version "O"
Page 18, lines 8 - 16:
Delete all material and insert:
"(b) Counting of absentee ballots that have
been reviewed shall begin not fewer than seven days
preceding [AT 8:00 P.M., LOCAL TIME, ON] the day of
the election at places designated by each election
supervisor and shall continue until all absentee
ballots reviewed and eligible for counting have been
counted. The counting teams shall report the first
count of absentee ballots to the district absentee
ballot counting board not later than [. AN ELECTION
SUPERVISOR OR AN ELECTION OFFICIAL MAY NOT COUNT
ABSENTEE BALLOTS BEFORE] 8:00 p.m., local time, on the
day of the election. Counting of the absentee ballots
shall continue at times designated by the election
supervisor until all absentee ballots are counted."
CHAIR SHOWER clarified that it was Amendment 3 and then objected
for discussion purposes.
SENATOR KAWASAKI explained that Amendment 3 seeks to ensure that
the counting of absentee ballots by the Division of Elections
will begin as soon as possible.
CHAIR SHOWER moved Conceptual Amendment 1 to Amendment 3:
CONCEPTUAL AMENDMENT 1 TO AMENDMENT 3
Page 26, line [31], following "election results"
Insert "absentee ballots"
5:13:43 PM
SENATOR HOLLAND objected for discussion purposes.
CHAIR SHOWER said he agreed with the proposed Amendment 3 and
the proposed conceptual amendment is to make it crystal clear
that the intention is to add "absentee ballots" to the list that
version O adds to [AS 15.56.070(a)] relating to election
official misconduct in the first degree.
5:14:29 PM
SENATOR HOLLAND removed his objection.
CHAIR SHOWER found no further objection and Conceptual Amendment
1 to Amendment 3 passed.
5:14:49 PM
CHAIR SHOWER removed his objection; finding no further comment
or objection, Amendment 3 as amended, passed.
5:15:01 PM
SENATOR KAWASAKI advised that he would not offer Amendment 4.
SENATOR HOLLAND made a motion that acknowledged that the
previously adopted amendments to version O had indeed been
adopted.
CHAIR SHOWER acknowledged that the motion was superfluous but
that it was in the script he was following.
CHAIR SHOWER held SB 39 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CSSB 39 amendment 1.4.22.21.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| CSSB39 amendment2 2.22.21.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 Amendment O.1.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 Amendment O.2.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 Amendment O.3.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 Amendment O.4.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 v.O PPT.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 28 Amendment B.1.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 28 |
| SB 39 Amendment O.1.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 Amendment O.3.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 Amendment O.4.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| SB 39 Amendment O.6.pdf |
SSTA 4/22/2021 3:30:00 PM |
SB 39 |
| O.1.pdf |
SSTA 4/22/2021 3:30:00 PM |