Legislature(2021 - 2022)BUTROVICH 205
04/22/2021 06:00 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 39 | TELECONFERENCED | |
SB 39-BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
6:07:56 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."
He briefly compared version A and version O and clarified that
testimony should be confined to version O, which is very
different from the original bill.
6:08:36 PM
CHAIR SHOWER opened public testimony on SB 39.
6:09:01 PM
MORGAN LIM, Planned Parenthood Alliance Advocate, Juneau,
Alaska, stated that PPAA opposes SB 39. It is a voter
suppression bill that imposes barriers to access to the polls.
He said the bill claims to combat election fraud in Alaska, but
that is a baseless claim that is the foundation for a bill in
search of a problem. If passed, it will disenfranchise voters.
He said PPAA supports policies that make it easier for all
voters to register and cast a ballot. It is unfortunate that the
US has not lived up to its promise of equal access to the ballot
box, but Black, Indigenous, and people of color are likely to
face barriers to voting. He described SB 39 as part of a
nationwide voter-suppression trend. He pointed out that during
the first three months of 2021, 47 states introduced 361 voter
suppression bills. He maintained that despite claims to the
contrary by proponents, version O has the same goal as the
original bill. It imposes a cascade of barriers on voting and
the limited opportunity for public testimony demonstrates that
lawmakers have no interest in genuine public input on a
fundamental pillar of democracy. He reiterated that the current
version of SB 39 creates a web of barriers to voting. He urged
the committee to hold the bill.
6:11:44 PM
CHANDRA CAFFROY, Alaskans for Constitutional Rights, Homer,
Alaska, stated that this growing group of Alaskans
wholeheartedly support SB 39. There is a need for Alaskans and
Americans to regain confidence in elections. "In fact, we would
support even more stringent measures," she said.
6:12:47 PM
EMILY KANE, representing self, Juneau, Alaska, stated that SB 39
infers that Alaska's election system is insecure and prone to
mistakes, although there is very little evidence of security or
verification issues due to the well thought out policies and
procedures by the Division of Elections. She said she is not
speaking for DOE but she did work for the division last summer
and fall and the training was excellent. She said she thought
about how someone might try to vote twice or cause ballots to
disappear and she could not figure out any feasible scenario.
She enumerated the checks and balances to catch duplicate or
missing ballots. All ballots are numbered and quadruple checked
before polling stations open and then they are multi-verified at
the end of the day and signed off on by at least five election
workers before the ballots go back to the Division of Elections
headquarters at the end of the night. From there the ballots
undergo further verification and scrutiny. Duplicate or question
ballots are neither tallied nor destroyed. A paper trail of all
ballots remains, which would not be the case with the proposed
blockchain technology. She highlighted that it takes time to
certify ballots in Alaska because a good number come from
military personnel overseas or remote villages. She urged the
committee to let SB 39 die and instead focus on bills to bolster
public health, public education, and public transportation, all
of which will enhance the quality of life for Alaskans long term
rather than frustrate their fundamental right to vote.
CHAIR SHOWER pointed out that the bill keeps the paper trail and
matches the holding time to federal requirements.
6:15:09 PM
LAURA BONNER, representing self, Anchorage, Alaska, stated that
she opposes SB 39 because she trusts the integrity of Alaska's
elections. She appreciates the proposed ballot curing process,
the ability to register absentee for four years, maintaining the
PFD automatic voter registration, and adding tribal ID as a form
of identification. With regard to the bill fixing data breaches,
she said the state should work on increasing security for all
state data systems. She said she is not sure what digital ledger
and blockchain technology means, she just wants to vote absentee
or use early voting and she should not need an oath-taker to
witness her signature. Two adult signatures should be
sufficient. She is not sure what two-factor authentication is
but the last thing she needs is another pin or password. She
also did not understand why she should be punished if she takes
several ballots from friends to a drop-off box or the post
office if she is going anyway. She expressed concern about the
indeterminate fiscal note and pointed out that DOE has not found
any fraud in the elections. Regarding the issue of the number of
ballots sent to voters, she said it is the number of ballots
sent in and counted that matters. She said SB 39 is unnecessary
and should be rejected.
CHAIR SHOWER pointed out that the current version of the bill
allows both absentee and in-person early voting. Regarding the
oath, the bill has a provision that states that the signer must
be 18 years of age or older.
6:17:37 PM
CHARLIE FRANZ, representing self, Homer, Alaska, stated that he
was speaking in support of SB 39. He believes the bill is a
major step forward in restoring voter confidence and the
integrity of the election system. He thanked the sponsor and
related his only criticism is that he would have limited the
acceptable identification to a government or tribal photo ID. He
expressed hope that the committee would move SB 39 forward.
6:18:36 PM
PATRICIA FISHER, representing self, Meadow Lakes, Alaska, stated
that she had read all 29 pages of SB 39, version O, and while
she was pleased with the changes, she found it complex. She does
not understand the blockchain process and the practice of multi-
factor authentication in this application is not clear. She
expressed hope that the committee would not pass the bill today
because the public has not had time to comment. She read the
history of the bill hearings scheduled to date and urged the
committee to continue public testimony beyond this evening.
CHAIR SHOWER advised that the bill would go through multiple
committees in both the Senate and House and there will be an
opportunity for public testimony in each committee. He
emphasized that it is the usual practice to take public
testimony just once per committee.
6:20:31 PM
MELANIE GLATT, representing self, Palmer, Alaska, thanked the
sponsor for introducing SB 39 and offered suggestions. She
relayed her dismay to learn about the 20-30 percent error rate
between the number of registered voters and the population that
is eligible to vote. She stated support for holding ballots for
22 months; offered a suggestion to add a line on ballot
envelopes to signify that a voter is picking up a voted ballot
for another voter; suggested adding language to the bill about
audits and the use of electronic voting machines to ensure that
a foreign or domestic adversary could not change the vote; and
asked if ballots that go into voting machines could include a
receipt so the voter could see that their ballot went through.
CHAIR SHOWER recognized that Senator Micciche was in the
audience.
6:24:12 PM
LEON JAIMES, representing self, Anchorage, Alaska, advised that
he has more than 20 years' experience in information technology
and network security, and he owns a business in Anchorage that
provides highly specialized, cyber security services. He said he
has been following bitcoin since 2012, and is very familiar with
applied technology. He encouraged the members to oppose SB 39
because it is not grounded in reality and is part of a national
trend to implement voter suppression. He said others have
pointed out multiple issues with the bill, but he would focus on
cyber security and technology. The first big problem is that the
state's office of information technology (IT) faces the same
challenge as all other organizations in the country. As a
nation, America's businesses, schools, and government lag other
developed nations in the ability to detect, defend against, and
respond to cyber security threats. He highlighted that in 2009,
the Department of Health and Social Services settled with the
federal government for $1.7 million for a HIPAA breach and in
2020, the Division of Elections suffered an attack that resulted
in the compromise of the voter registration database. He offered
his belief that the bill overestimates the ability of the state
to secure its electronic systems. He added that as a cyber-
security expert he sympathizes with those tasked with protecting
the state's information systems because the attacks are
increasing in frequency and complexity, and are expected to get
worse. He offered his belief that the blockchain and distributed
ledgers proposed in the most recent version of the bill are
fundamentally different technologies, so he wonders which one is
proposed and why. He said they both rely on public nodes but
there is no discussion about securing the data on those public
nodes. Finally, he said the multifactor identification is
problematic in that it restricts access to certain groups. He
concluded that the state would not be able to handle the
technology and it would be very expensive.
6:27:11 PM
PATRICIA CHESBRO, representing self, Wasilla, Alaska, stated
that she has voted in Alaska for 40 years and has always felt
the elections were safe and fair, but she believes the committee
should pay attention to the testimony from the cyber security
expert. She described ballot curing and accepting tribal IDs as
important improvements and suggested additional improvements
including postage paid return envelopes for absentee ballots,
counting of by-mail ballots before Election Day, and increasing
worker wages and training to help prevent mistakes. She
reiterated her confidence in Alaska elections and urged the
committee not to pass a bill that implies fraud is occurring in
the elections.
6:29:05 PM
MIKE COONS, representing self, Palmer, Alaska, stated that he
fully supports the current version of SB 39 with some
reservations that he outlined in writing and sent to the
committee. He offered support for Amendments 1 and 2, expressed
some concern with Amendment 3 and suggested keeping the 30-day
residency provision in Amendment 4. [The committee adopted these
amendments during the 3:30 p.m. meeting.] He refuted the
testimony that talked about racism and bias in elections, and
asserted his conviction that the last election was "the largest
voter suppression by the socialists of all time." He concluded
that SB 39 has well-thought-out provisions to ensure that
Alaskans will not be disenfranchised or have their vote
suppressed.
6:31:32 PM
MICHAEL SALZMANN, representing self, Anchor Point, Alaska, began
his testimony by recounting the barriers to equal access to the
ballot box that Native Alaskans face to this day. For example,
in 2008 the state eliminated polling locations in some Native
villages as part of a district realignment that resulted in
voters having to travel by plane in order to vote. He commented
on the claims of dead people registered to vote and people
registered in multiple districts and expressed doubt that the
problem was significant enough to warrant a bill like SB 39. He
offered his belief that the security measures governing mail-in
balloting, secure drop off locations, harsh penalties, and post-
election audits make multifactor authentication unnecessary. He
described hand-marked paper ballots as the most reliable record
there is and said it would be a mistake to rely solely on
digital data that is subject to manipulation. He concluded
saying that SB 39 purports to be neutral, but it will suppress
participation. He suggested the committee instead do more to
ensure that Alaskans can exercise their right to vote without
undue hardship.
6:34:26 PM
MARY ANN HIGGINS, representing self, Anchorage, Alaska, advised
that she was at a disadvantage because she was unaware that the
committee had adopted a committee substitute. That being said,
she opposes any laws that make it more difficult to vote. She
specifically mentioned multifactor authentication and advanced
technologies, describing these as not Alaskan. She said the
research shows that hand marked ballots are the answer to voter
fraud; they can be held in perpetuity and are easily researched.
She and her husband prefer in person voting but like the option
of vote by mail and early voting. However, getting a witness for
their ballots is cumbersome. She questioned whether that was in
the new bill. She said she read about the big error in the
Alaska voter rolls and asked the committee to resolve the
conflict because she also read that Alaska has one of the best
voter rolls in the country. She asked which is true. She offered
her understanding that the PFD addresses are updated every year
and suggested that should take care of any problem with the
voter rolls. She discounted the idea that there was widespread
voter fraud and described SB 39 as a costly solution to a non-
problem. She concluded her testimony asking if the Class A
misdemeanor and Class C felonies were removed.
CHAIR SHOWER answered no; that is current statute. The bill does
not change that and several other things she contended.
6:37:50 PM
NANCY BIRD, representing self, Cordova, Alaska, stated that she
opposes SB 39, version O. She has voted in every local and state
election since 1977, been a voter registrar, and once worked at
the polls and she is comfortable that the existing voting
process is fair and accurate. She expressed concern that
changing the system that is not broken will result in fewer
citizens voting. Regardless of how people vote, she wants
everyone eligible to vote to exercise this incredible American
right. She spent the first 20 years of her life in countries
where voting is not fair and in 1971 she witnessed voter
suppression in Mississippi, so this is personal. She urged the
committee to stop further consideration of SB 39.
6:39:15 PM
JOELLE HALL, President, Alaska AFL CIO, Anchorage, Alaska,
advised that she submitted written testimony on SB 39 and her
testimony this evening would focus on the witness signature. She
said she does not object to a witness signature but the
insinuation that somebody who has sworn an oath is more
trustworthy is confusing and may keep people from submitting
their ballot. This is deeply worrisome. She said the overview of
version O focused on data hygiene, custody, and authentication.
Data hygiene is the mandate of DOE, and she would suggest that
instead of the expensive solutions discussed this evening, that
the legislature provide resources to DOE to clean up the voter
rolls. She questioned putting the names of the organizations
with which DOE must work in statute. She observed that the
custody and authentication issues largely apply to the vote by
mail scenarios and therefore are an unfunded mandate to
municipalities that have or will have vote-by-mail elections.
The next concern is the requirement for local governments to
have certain processes in place in order to use the state's
rolls. She questioned how that could possibly happen by the
October elections and argued that the state needs to make the
choices about custody and authentication. Otherwise, every
municipality will be responsible for that on an individual
basis.
6:42:33 PM
DAVID BOYEL, representing self, Anchorage, Alaska, stated
support for SB 39, version O, but offered two specific comments.
First, on page 5, lines 17-18 he suggested requiring DOE to
publish their report for the public to see. Second is to add
military IDs as a valid voter identification on pages 10, 17,
and 19 because those are more valid than a utility bill. He
urged the committee to move the bill from committee. He said it
will increase election integrity and ensure that every legal
vote counts.
CHAIR SHOWER said he would take those suggestions under
advisement.
6:44:41 PM
JOHN CREED, representing self, Sutton, Alaska, thanked the
sponsor for the positive changes to SB 39 including tracking and
ballot curing and the use of tribal IDs as identification. He
recommended increasing the population threshold for communities
receiving mail-in ballots from 800 to 3,500. This would include
more communities on the road system and allow hub communities in
rural Alaska to be part of the mail-in system. He said he
opposes blockchain technology as undemocratic and government
overreach and requiring a second signature seems to be voter
suppression and a solution looking for a problem. He said he
believes the state should pay the return postage for mail-in
ballots to encourage more people to vote. He said the process
for the bill has not been as transparent as it could have been.
He appreciates the work, but overall he opposes SB 39.
CHAIR SHOWER advised that the section on population and mail-in
ballots is not in final form. He also pointed out that the
requirement for two signatures on the ballot return envelope is
in current statute. The intention in SB 39 is to codify that the
witness must be at least 18 years of age and a US citizen.
6:47:24 PM
MICHAEL GARVEY, American Civil Liberties Union of Alaska,
Anchorage, Alaska, stated that SB 39, version O, contains
several changes that help voter engagement such as ballot
curing, the use of travel identification cards, and the ability
to receive by mail ballots for four years. However, he views
Section 54 as an unconstitutional attempt to diminish the power
and duty of the judicial branch and allow the legislature to
determine how to conduct elections in Alaska. The result could
be the restriction of Alaskans' voting rights without
consequence. He said the ACLU is also concerned that version O
would take unnecessary and expensive steps to change Alaska's
elections. For example, SB 39 would require DOE to develop and
implement a multifactor authentication system as well as an
additional authentication process for voters unable to use
multifactor authentication. This and other changes would require
the expenditure of resources that are in short supply. Finally,
the ACLU is concerned about the additional rules and
requirements SB 39 would impose on Alaskans voting absentee. He
said everyone agrees that Alaska election security could be
improved, but the bill is based on an inaccurate diagnosis of
the problems. The ACLU believes that election improvements
should maximize engagement and help Alaskans exercise their
right to vote rather than making it unnecessarily complicated
and stringent.
6:49:47 PM
RICHARD GUSTAFSON, representing self, Homer, Alaska, stated that
he has voted in most elections since the early 1970s and was
confident that they were safe. He described SB 39 as an
overreach and an attempt to fix nonexistent problems. The bill
is one of voter suppression and should not pass.
6:50:30 PM
WILL MULDOON, representing self, Juneau, Alaska, stated
opposition to the current version of SB 39, and described the
claim that there is corrupt data in the voter rolls as patently
false. He said that specifically means "the intentioned altering
of data through the writing, reading, transmission, or
processing workflows." He described that as a bit like the brown
M&Ms in Van Halen's dressing room. It shows there is an issue
with fluency. That coupled with trying to rely on a centralized
blockchain is a very large issue. He pointed out that one of the
largest robberies in history was when hackers stole 600,000
bitcoin from the Mt. Gox Exchange. The blockchain ledger shows
the outstanding valuation is about $33.5 billion. He said it is
not an apples-to-apples comparison with ballots but there is no
recompense for individuals if that situation happens. He also
wondered about the public saying that the people need to be able
to understand the systems but there is not the fluency now and
adding complexity will further that issue.
CHAIR SHOWER said that to the point about data corruption, the
dual goal is to ensure the voter rolls are accurate and to
protect that data with 21st Century technology.
6:53:07 PM
EVAN ANDERSON, Civic Engagement Director, Alaska Center for
Education Fund (ACEF), Anchorage, Alaska, stated that he
applauds the committee for working together to tackle election
security and modernization, but he opposes SB 39. He expressed
appreciation for the provisions regarding ballot curing, chain
of custody improvements, and preserving paper records, but
rejected the notion that Alaska's election data is corrupt. He
said the data does not seem to substantiate the anecdotes of
people receiving multiple ballots in either the 2020 election or
the Anchorage municipal election in 2018. Furthermore, removing
local control over elections by mandating state requirements for
all by-mail voting will make it more difficult to vote in local
communities. Regarding the accuracy of the PFD data, he related
that while working on the automatic voter initiative in 2015,
ACEF learned that over 200,000 Alaskans update the addresses on
their PFD applications every year because they moved, but the
Division of Elections does not receive that data timely. He
encouraged the committee to hold SB 39 and instead increase
funding for the Division of Elections so they can provide
accurate data for the voter rolls.
CHAIR SHOWER advised that with regard to the PFD data, the
intent is to implement opt out. The PFD division and the
Division of Elections both have said the data passes to the
Division of Elections automatically without any crosschecks of
whether or not the individuals should be on the voter rolls.
That is what needs to be fixed on the PFD side, he said.
6:56:31 PM
MARC JOHNSON, representing self, Anchorage, Alaska, stated that
he has voted in nearly every election since 1983 and he is
calling to state his opposition to SB 39. He emphasized that
Alaska does not have a problem with voter fraud, and suggested
the effort was a copycat of the nationwide trend of unnecessary
voter suppression bills. He said he is angry that it was
proposed, and he will do all in his power to oppose the bill.
CHAIR SHOWER argued that SB 39 was not following the national
trend; he has been working on this bill for three years.
6:57:47 PM
CARLY WIER, representing self, Homer, Alaska, began her
testimony by commenting on the number of times she marked her
calendar to give public testimony only to find last minute
cancelations. The skeptic in her makes her think this has been
by design to confuse and make it more challenging for people to
give public testimony on this bill that would drastically affect
the ability to vote in Alaska. She said she would like to think
that anybody serving in Juneau right now would do better by
Alaskans than this sweeping legislation that will affect
Alaskan's ability to participate in democracy.
MS. WIER stated agreement with other testimony that SB 39 seeks
to solve a nonexistent problem. She said there is no widespread
fraud in Alaska elections and the voter rolls are updated
annually through automatic registration from PFD applications.
She said she regularly participates in get-out-to-vote efforts,
and she has learned that the voting system must be accessible
enough for people in all circumstances to participate. This
means the system needs to accommodate early voting, absentee
voting, vote by mail, in-person on Election Day voting, and
reasonable requirements for identification. She said she
appreciates certain changes such as the ability to register for
absentee voting in advance, but she does not support dual factor
identification. It is an over-the-top response to a nonexistent
security problem that would create unnecessary and expensive
problems for the Division of Elections and be confusing and
burdensome for voters. She urged the committee to hold SB 39 and
make sure that people have the opportunity to comment.
7:01:14 PM
PAMELA SAMASH, representing self, Nenana, Alaska, expressed hope
that the committee moves SB 39 from committee because she
believes that there was nationwide fraud in the last election.
Online ballot machines were the biggest concern. She said the
thing that makes America free and great is that people can vote,
but it is worthless if the vote is unfair. Her belief is that
the last election was rigged.
7:02:42 PM
GARY WALTENBAUGH, representing self, Fritz Creek, Alaska,
related that his grandfather used to say, "If it ain't broke,
don't fix it." and he isn't sure anything in the election system
is really "broke." He offered his belief that the value of being
an Alaska is being able to be an independent, freedom-oriented
person who can say what he thinks. He asked the committee to
seriously consider that there is nothing wrong with Alaska's
voter rolls, but make sure that everyone has the opportunity to
testify.
7:03:53 PM
ROBERT WELTON, representing self, Douglas, Alaska, stated that
he was calling to oppose SB 39. He listed the reasons. First, it
mandates blockchain technology, which has proved to be hackable.
Instead, the Division of Elections should do a thorough review
of its procedures and recommend a system, if need be, through
the regular budget process. Second changing the PFD automatic
registration to opt in violates the spirit of the 2016 ballot
initiative and ignores the vote of the people, which is morally
wrong. Third, the bill imposes a misdemeanor penalty on somebody
who helps to deliver ballots for elderly or disabled people. He
described that misdemeanor threat as a form of voter
suppression. Forth, the bill limits the ability of
municipalities to mail ballots to voters or decide how to
conduct special elections. He emphasized that cities should be
allowed to decide how they conduct their elections. Fifth, the
offense hotline that the bill proposes undermines trust and is
an excuse for more suppression. He said the largest challenge
facing this democracy is extreme partisanship and gridlock. If
more people vote, the policies are more representative and
reflect the will of the majority. When voting is restricted, as
SB 39 does, partisanship increases and policies favored by the
majority are blocked. This undermines faith in democracy.
CHAIR SHOWER advised him to look at BASIS to see the new version
of the bill; his testimony was to the original bill. The ballot
harvesting language was changed significantly and the PFD opt-in
and local control over elections were both eliminated.
7:07:23 PM
DOUG ROBBINS, representing self, Anchorage, Alaska, stated that
he signed on to testify only to learn that he had prepared his
remarks to the wrong version. He expressed frustration about the
moving target and inadequate time to understand the changes. He
said he sees some provisions in version O that may be good
policy whereas the original bill had seriously objectionable
provisions. He described SB 39 as complex with broad sweeping
impacts. Given the history of the bill, he said he opposes the
current version until the public has had time to understand what
it says. He specifically pointed out that Section 22 creates an
unreasonable standard for certifying elections with no provision
to cure the problem. He said the version he studied contains
many criminal penalties for voting activity when there is
already a robust system in place to protect election integrity.
He did not know which penalties were new and which were already
in statute. He pointed out that citizens are not lawyers and
should not be expected to risk criminal penalties if they are
unsure about their voter status or the requirements to witness a
ballot. He said this is a type of voter intimidation that will
discourage legitimate voters. He urged the committee to hold SB
39 and focus on the budget instead.
CHAIR SHOWER pointed out that most of the penalties already
exist in statute; the new language is bolded. Also, there will
be more opportunity for public testimony as the bill moves
through the committee process.
7:10:06 PM
JULIE SMYTH, representing self, Fairbanks, Alaska, stated that
she could only find the original, version A posted to BASIS and
she would suggest the committee hold the bill until the website
is updated and the public has had time to read and prepare
comments on the new version. She pointed out that the 2020
election was held during a pandemic and reportedly was the most
secure ever, yet SB 39 undoes some of the work that made that
election so secure. She said she trusts the Division of
Elections but it needs more funding to make the current process
of sorting the automatic voter registration data from the PFD
Division run smoother and faster. She emphasized that there is
insufficient evidence of voter fraud in the state to support
making it more difficult on any voter to cast their vote. She
concluded her testimony saying, "At this point, I opposed the
bill."
7:12:08 PM
KAREN LACKEY, representing self, Wasilla, Alaska, disagreed with
previous testimony that the last election was honest. She knows
of people who have been out of the state for more than three
years who have not received a PFD but have received ballots. She
also related her knowledge of a hired solicitor who went door-
to-door pressuring people to sign ballots and turn them over to
the solicitor for safekeeping. She said it is time to restore
integrity in the voting system; people have stopped voting
because they believe the elections are not fair and their vote
would not make a difference.
7:13:18 PM
ELLA COTTER, Republican District 3, North Pole, Alaska, stated
that SB 39 will make elections more transparent, alleviate most
voter fraud, and restore confidence in the voting process. The
bill does this by establishing an election offense hotline,
making ballot harvesting a misdemeanor and ballot tampering a
felony, establishing an effective date for voting, creating a
reasonable registration process, requiring proper
identification, regulating ballot security and chain of custody,
providing a process for spoiled ballots, regulating absentee
ballots and how people obtain assistance in casting their
ballot. She could see no reason anybody who wished to eliminate
voter fraud and promote voter integrity would vote against this
bill.
7:15:10 PM
NAURI TOLER, representing self, Eagle River, Alaska, stated that
she opposes SB 39. The state should make it easier to vote
rather than more difficult. She suggested the committee listen
to the testimony from people who worked the elections and
expressed confidence in the existing system. She described SB 39
as a complicated and expensive solution to a problem that has no
factual basis. She agreed with previous testimony that the bill
is one of voter suppression. She concluded saying she opposes SB
39 and hopes the committee will oppose it too.
7:17:13 PM
DIANNE MACRAE, representing self, Kasilof, Alaska, reported that
she uses the voter rolls to inform people of what is going on in
the area and she was surprised at the number of people who are
still on the voter rolls but reside in other states. She voiced
support for better data, discounted the idea that there is no
problem, and asserted that there is ballot harvesting. She said
the bill is a good way to get the voter rolls straightened out
properly and with accountability. She expressed appreciation and
support for SB 39.
7:19:41 PM
BERT HOUGHTALING, representing self, Big Lake, Alaska,
emphasized that SB 39 is not a voter fraud bill and the election
system is not broken, but the bill would give the system more
integrity. He maintained that the number of registered voters in
Alaska is 130 percent higher than the number of Alaskans
eligible to vote. He said SB 39 will accomplish a needed
cleanup. He described the use of blockchain as an accountable
way for Alaskans to track their ballots. He disputed the claims
that the use of blockchain is voter suppression. He referred to
the discussion during the afternoon hearing and stated 100
percent opposition to ballot harvesting but support for
representatives from all parties helping seniors to vote. He
also stated support for ensuring that someone who witnesses a
ballot must be at least 18 years of age and a US citizen.
CHAIR SHOWER advised that blockchain was changed to something
much broader to give the Division of Elections flexibility. He
also announced that the committee would stay until everyone who
signed up had an opportunity to testify.
7:23:39 PM
GARY TYNDALL, representing self, Fairbanks, Alaska stated that
he considers voting a fundamental right and he believes that the
peoples' confidence needs to be restored after the last
election. Whether or not anything occurred is not the issue; it
is that a lot of loopholes and potential problems were exposed.
SB 39 goes a long way toward fixing those potential issues and
restoring confidence in the basic right to vote. He stated full
support for SB 39 and asked the members to move it from
committee.
7:25:23 PM
KENRA KLOSTER, Executive Director, Native Peoples Action,
Anchorage, Alaska, stated that this statewide organization works
hard in a nonpartisan way to ensure that every eligible voter in
Alaska has the opportunity to vote. She said she appreciates the
provisions such as tribal identification as a valid ID, ballot
curing, and four years for absentee voting, although she
believes that should be permanent. However, she does not agree
with two-factor authentication. It can be confusing which is
burdensome and will deter people from voting. Furthermore, it
does nothing to help clean up the voter rolls, which she
understood was the intention. She said she wants to ensure that
every Alaska has the opportunity and finds it easy to vote. She
said she does not support SB 39 as currently drafted but she
looks forward to continuing to work to improve the bill and
remove the barriers, so more Alaskans have the opportunity to
vote.
CHAIR SHOWER pointed out that there is still no limit on
absentee voting and multi-factor identification is not a
requirement. The intent is to make things more secure. He also
highlighted that ballot curing will put a large burden on the
state so the burdens go both ways.
7:28:14 PM
CRIS EICHENLAUB, representing self, Wasilla, Alaska, stated that
he supports SB 39 and appreciates the work that has gone into
the bill. "I can see the blood, sweat, and tears dripping off
this bill." He drew an analogy between enacting a bill to ensure
safe and secure elections and putting locks on a new house even
when it is in a nice neighborhood. He described SB 39 as
Alaska's opportunity to be number one and perhaps be best
practice in secure elections. He suggested the public think
about the fact that it is easier to vote in Alaska than to buy a
pack of cigarettes. He reiterated his appreciation to the
sponsor for his hard work.
7:29:58 PM
NANCY LEITH FREDRICKSON-POPE, representing self, Palmer, Alaska,
stated that she is very much in favor of SB 39. It is incredibly
important because there is definitely a problem with Alaska's
elections. She shared that her bother, who is out of the country
and has not voted in 12-15 years, received two mail-in ballots
at her address. She also received a ballot for somebody who
lived in her home three years ago. She noted testimony in
support of election workers and the election system and said she
does not feel that way. She relayed her experience taking her
father to vote at the MatSu Borough building. They were told
they could use the "I Voted" sticker to seal the ballot envelope
if they choose not to lick the envelope to seal it shut.
Pandemic aside, she described that as ridiculous. She concluded
that there is most definitely voter fraud and she is pleading
for secure elections. It is incredibly important.
7:33:11 PM
TIFFANY RAY, representing self, Fairbanks, Alaska, stated that
she has been an election worker for the past five years. She
supports SB 39 because she sees the need for more transparency
in the election system. She described her personal circumstances
and said she takes issue with the notion that somebody could not
stay informed because they did not have money or had a
disability. She is proof that is not the case. She reiterated
support for SB 39.
7:35:05 PM
REBECCA MOORE, representing self, Homer, Alaska, stated that she
strongly supports SB 39 and strongly encourages the committee to
move it from committee. This bill will ensure integrity and
confidence in Alaska elections. She shared that she is a former
financial officer who audited financial statements for the sole
purpose of determining integrity and accuracy in those
statements. She understands that integrity in elections is just
as important. SB 39 is about ensuring integrity and confidence
in the voting system and making sure that every valid vote
counts. False information is everywhere and there is fraud in
Alaska's election system. She claimed that eight of the previous
testifiers who opposed the bill gave false information to
support their opposition. She thanked the chair for correcting
the record in those circumstances because integrity matters. She
said this is not about voter suppression as is being conveyed;
it is about confidence and a broken voting system. She
questioned when making it easy to vote became more important
than ensuring the integrity of elections. She reiterated her
support for SB 39 and moving it from committee.
CHAIR SHOWER announced that the committee would stay late to
hear from everybody who wanted to testify.
7:38:31 PM
TERESA STORCH, representing self, Kodiak, Alaska, reported that
in the November 2020 election she noticed major changes in the
way the election was conducted. "I just frankly smelled
something fishy," she said. Voters used Sharpies to mark their
ballots and she subsequently saw warnings on the internet about
using them in Dominion voting machines. Sharpie use aside, she
is skeptical about Dominion voting machines because they were
used in the election fraud in Venezuela. She questioned whether
they connected to the internet and suggested that many other
voters wonder that too. She also questioned the role social
media played in election interference and censorship. She quoted
an unnamed founding father who talked about government secrecy
being tyranny and Joseph Stalin who said counting the ballots is
the most important part of the election. She concluded her
testimony urging transparency in the ballot counting process.
7:42:08 PM
SALLY POLLEN, representing self, Palmer, Alaska, stated that she
appreciates the three years of work that has gone into SB 39 and
she expects more changes to come. She disputed the claims that
the bill was one of voter suppression. She offered her belief
that everybody wants all eligible voters to vote but eligibility
is the key and a picture ID is important in that determination.
She said she supports SB 39 and cannot imagine opposition to
election reform. "You don't wait for the roof to leak in order
to repair the roof, so I think now is a good time to secure good
voter regulations." She said she does not understand blockchain
completely but believes it is the wave of the future to
eliminate possibilities for hacking. She expressed skepticism
about mail in voting, reiterated her support for SB 39, and
noted that she waited about an hour to testify because it was
important to do so.
CHAIR SHOWER advised the public to submit written testimony at
ssta@akleg.gov.
7:45:41 PM
NICK BROCKETT, representing self, Big Lake, Alaska, advised
previous testifiers who talked about living in a democracy that
this is a republic and that honest and open elections are the
bedrock of liberty. He said there is a lot of voter suppression,
but he believes it comes from fraudulent voting. "Every eligible
voter loses a vote every time an illegitimate vote is cast." He
emphasized the importance of integrity in elections and warned
against selling out "to those people who would like to take it
away from us."
CHAIR SHOWER asked if he supported or opposed SB 39.
MR. BROCKETT replied, "I know there's some voter fraud going on
because when I found out both of my parents voted for Biden, I
stopped taking flowers to their graves."
7:48:45 PM
BILL PRICE, representing self, Wasilla, Alaska, discounted
previous testimony claiming that the 2020 election was the most
secure ever because nobody provided any evidence. On the other
side of the argument, people claimed fraud in the election but
that too is unsubstantiated. There is no proof because the
election system has issues, he said. He recapped previous
testimony and wondered how many rural residents who oppose SB 39
are happy that Anchorage is flooding the city in ballots and
engaging in ballot harvesting thereby invalidating the vote of
rural residents by sheer numbers. He further wondered whether
those who find that okay would also be okay if the result showed
Anchorage voting the same way as Wasilla. He said he votes out
of a sense of duty but for years, he has had zero faith that the
outcome was fair or free. He thanked the committee for its work
to ensure election integrity going forward. "I want to believe
that my vote will count, and I want to be able to prove that the
result is true and accurate."
CHAIR SHOWER restated that his intent in introducing SB 39 was
to restore faith in the election system.
7:53:35 PM
WILLY KEPPEL, representing self, Quinhagak, Alaska, stated that
he was calling in total support of SB 39. He reported that
despite severe weather conditions and coronavirus restrictions,
his village had the highest voter turnout of all time. He
described an election in a village to illustrate that having a
valid ID is not important because everybody knows everybody. He
encouraged the committee to pass SB 39 because he saw multiple
ballots in the trash at the post office and that is not right.
He also asked legislators to support SJR 1 because the PFD has
been so successful at putting money into the economy of Alaska.
CHAIR SHOWER noted the individuals who had waited to testify but
were no longer available and suggested that they submit their
testimony in writing.
7:58:26 PM
CHAIR SHOWER closed public testimony on SB 39 and solicited the
will of the committee.
7:58:41 PM
SENATOR HOLLAND moved to report SB 39, work order 32-LS0204\O as
amended, from committee with individual recommendations and
attached fiscal note(s).
7:58:55 PM
SENATOR KAWASAKI objected. Speaking to his objection, he said
the first scheduled hearing on SB 39 was 1/26/21 and to date he
had not seen a fiscal note despite the requirement under AS
24.08.035 Fiscal notes on bills. He paraphrased from the
following excerpt of the statute:
(a) Before a bill or resolution, except an
appropriation bill, is reported from the committee of
first referral, there shall be attached to the bill a
fiscal note containing an estimate of the amount of
the appropriation increase or decrease that would
result from enactment of the bill for the current
fiscal year and five succeeding fiscal years or, if
the bill has no fiscal impact, a statement to that
effect shall be attached.
8:00:19 PM
At ease
8:02:58 PM
CHAIR SHOWER reconvened the meeting and asked Senator Kawasaki
to continue speaking to his objection.
SENATOR KAWASAKI continued to say that he is not a fan of SB 39
but that aside, a fiscal note must accompany the bill before it
moves from the first committee of referral or the action is
illegal. He said that is just one of the many reasons he did not
like the bill.
CHAIR SHOWER stated that the discussion during the "at ease" was
about Senator Kawasaki's catch on the rules of legislative
procedure. He thought the indeterminate fiscal notes were
attached but they were not physically attached right now. He
said he would shoulder the blame for not dotting all the "I"s
and crossing all the "T"s because it is his committee. He
expressed appreciation to Senator Kawasaki for "keeping us
inside out lane" and announced that he would hold the bill in
committee and get the paperwork in order for next Tuesday's
meeting.
CHAIR SHOWER asked Senator Holland to withdraw the motion.
8:04:58 PM
SENATOR HOLLAND withdrew the motion to move SB 39 from
committee.
CHAIR SHOWER asked if there were additional comments or
questions.
8:05:11 PM
SENATOR KAWASAKI pointed out that someone waited for an hour and
20 minutes to give public testimony today, another person was
unaware of the committee substitute, and David Boyle suggested
including military IDs as valid identification for elections. He
said legislators get ideas from the public and this is the first
time the public has had the opportunity to testify. He mentioned
that 350 messages on the bill came to his office and said he did
not believe the bill was ready to move. He said three of the
five members of this committee will see the bill in the next
committee of referral, but this was his only chance to improve
it and he would like the opportunity to do that. The public
provided some good suggestions this evening and while he cannot
support provisions such as blockchain and two-factor
authentication, he does like some parts of the bill. He
reiterated that he would like to change the bill and he will
bring it up again on Tuesday when he objects to moving the bill.
CHAIR SHOWER highlighted that the committee held a number of
hearings on the bill over nearly three months, public testimony
generally is heard just once, and he would have an opportunity
to offer amendments on the floor.
8:07:05 PM
SENATOR SHOWER held SB 39 in committee for future consideration.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 47 Written Testimony (Additional).pdf |
SSTA 4/22/2021 6:00:00 PM |
SB 47 |
| SB 47 Written Testimony (6).pdf |
SSTA 4/22/2021 6:00:00 PM |
SB 47 |
| SB 47 Written Testimony - 3 Additional letters 3-23-2021.pdf |
SSTA 4/22/2021 6:00:00 PM |
SB 47 |
| SB 47 Testimony.pdf |
SSTA 4/22/2021 6:00:00 PM |
SB 47 |
| SB 47 Sectional Analysis-DTD 2-2-21.pdf |
SSTA 4/22/2021 6:00:00 PM |
SB 47 |
| SB 47 Sponsor Statement-DTD 2-2-2021.pdf |
SSTA 4/22/2021 6:00:00 PM |
SB 47 |