Legislature(2021 - 2022)BUTROVICH 205
02/16/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB43 | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 43 | TELECONFERENCED | |
| += | SB 39 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 43-ELECTIONS, VOTING, CAMPAIGN FINANCE
3:34:48 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 43
"An Act relating to campaign finance and initiatives; relating
to elections and voting; and relating to unlawful interference
with voting."
[The committee adopted CSSB 43(STA), work order 32-LS0253\I, on
2/2/21]
SENATOR SHOWER listed the individuals who were available to
answer questions.
3:35:10 PM
SENATOR REINBOLD joined the committee.
3:35:41 PM
CHAIR SHOWER opened public testimony on SB 43.
3:36:14 PM
NANCY BIRD, representing self, Cordova, Alaska, stated general
support for the concept of SB 43 to address loopholes in
campaign finance laws. She withheld complete support because she
understood that the language in SB 43 might not be
constitutional. She therefore encouraged a rewrite of the bill
to ensure it is constitutional.
3:36:49 PM
CHAIR SHOWER found no one else who wished to testify and closed
public testimony on SB 43. He reminded the public of the
opportunity to submit testimony in writing to ssta@akleg.gov.
CHAIR SHOWER asked Mr. Whitt to address the question about the
constitutionality of SB 43.
3:37:21 PM
BUDDY WHITT, Staff, Senator Shelley Hughes, Juneau, Alaska,
assured the committee that Legislative Legal Services did not
raise constitutional issues with SB 43. He further pointed out
that there have been no constitutional issues raised about
Ballot Measure 2 that voters passed, and SB 43 simply expands
certain provisions of that measure. He expressed confidence that
the bill passes constitutional scrutiny as written, but said he
would follow up with Legislative Legal Services to make sure
that was accurate.
SENATOR KAWASAKI said he too considered the constitutionality of
the bill. He advised that [Legislative Legal Services] indicated
it would draft a memo but it would not be available for some
time. He suggested the Judiciary Committee, the next committee
of referral, might address the concerns further.
CHAIR SHOWER asked him to forward the [forthcoming memo] to his
office and he would forward it to the Judiciary Committee.
3:38:55 PM
SENATOR REINBOLD observed that the testifier did not cite a
reference.
CHAIR SHOWER asked if there were any questions.
3:39:39 PM
SENATOR KAWASAKI said he had questions for Heather Hebdon with
the Alaska Public Offices Commission and Cori Mills who
represents the Office of the Attorney General.
He asked Ms. Hebdon if she reads the new subsection (s) to
delete the references to candidates in all future elections. He
questioned how that would affect APOC's work.
3:40:55 PM
HEATHER HEBDON, Director, Alaska Public Offices Commission APOC,
Anchorage, Alaska, agreed that the new subsection (s) would
bring campaign activities of ballot measure groups who are
making independent expenditures under the same reporting regime
as those making independent expenditures and candidates'
election activities. Thus, both the contributor and the
receiving entity would be required to disclose contributions
made and contributions received within 24 hours. She
acknowledged that APOC staff would be affected by this increase
in filer activity and needed education.
SENATOR KAWASAKI asked how the office would address this
anticipated increased work volume.
MS. HEBDON said she was not able to speak to the specific impact
because it is an unknown at this point, but the daily reporting
for some groups will increase filing and require more oversight
from staff. She noted that the Anchorage municipal election
would be the first election where this measure is in effect. She
also acknowledged that the regulations were still a work in
progress.
CHAIR SHOWER asked Mr. Whitt to address Senator Kawasaki's
question.
3:44:00 PM
MR. WHITT stated that SB 43 targets Dark Money by ensuring that
Dark Money provisions regarding donations to and from
independent expenditure groups apply to ballot measures under
the same guidelines as they do for candidates.
3:45:09 PM
CHAIR SHOWER summarized his understanding that SB 43 essentially
applies the same rules of engagement to ballot measures as
Ballot Measure 2 is applying to candidate campaigns.
MR. WHITT agreed and wondered whether that was the reason for
the constitutional question. He reminded the members that once a
ballot measure is passed, it cannot be changed for two years. He
reiterated that SB 43 does not seek to change Ballot Measure 2;
it expands the measure by adding provisions. He expressed
interest in seeing the memo Senator Kawasaki mentioned because
Legislative Legal had verbalized that an expansion was allowed
and would not be considered a change. He said it would be
appropriate for the next committee of referral to look at this
further; he welcomed a discussion about the difference between
an expansion and a change in a ballot measure.
3:46:35 PM
SENATOR KAWASAKI questioned Ms. Hebdon's statement that SB 43
would apply to the 2021 Anchorage municipal election, because it
would not become effective until 90 days after it was signed
into law.
MR. WHITT replied that was his understanding as well.
3:47:26 PM
SENATOR KAWASAKI asked if Ms. Mills could discuss the question
about expanding an existing ballot proposition that voters just
passed versus rescinding it.
3:47:46 PM
CORI MILLS, Acting Deputy Attorney General, Civil Division,
Department of Law, Juneau, Alaska, stated that the Alaska
Constitution does not allow a ballot measure to be repealed for
2 years, but it can be amended. She said there are court cases
that describe the difference between a repeal and an amendment.
This includes a qualitative analysis that goes to the heart of
the purpose of the ballot measure and whether the core purpose
is being repealed. She said she had not done the analysis as to
whether an expansion would be considered an amendment versus a
repeal. She reiterated that if the core provisions that the
people passed are still in place and unaltered, that would fall
on the side of an amendment to the law rather than a repeal and
that would be okay.
3:49:18 PM
CHAIR SHOWER asked her to prepare the analysis for the next
committee of referral.
MS. MILLS agreed to do so.
CHAIR SHOWER found no further questions and solicited a motion
to move the bill from committee.
3:49:59 PM
SENATOR REINBOLD moved to report CSSB 43(STA), work order 32-
LS0253\I, from committee. [The motion did not include individual
recommendations and attached fiscal note(s).]
3:50:19 PM
CHAIR SHOWER found no objection and CSSB 43(STA) was reported
from the Senate State Affairs Standing Committee.
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