Legislature(2021 - 2022)BUTROVICH 205

04/22/2021 03:30 PM STATE AFFAIRS

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+= SB 7 STATE TROOPER POLICIES: PUBLIC ACCESS TELECONFERENCED
Moved SB 7 Out of Committee
+= SB 12 MILITARY SPOUSE COURTESY LICENSE TELECONFERENCED
Moved SB 12 Out of Committee
+= SB 28 EST. APRIL 24 ALASKA CONSTITUTION DAY TELECONFERENCED
Moved CSSB 28(STA) Out of Committee
+= SB 47 VEHICLE REGISTRATION/PERSONS W/DISABILITY TELECONFERENCED
Moved SB 47 Out of Committee
+= SB 76 ABANDONED VEHICLES; PRIVATE PROPERTY TELECONFERENCED
Moved SB 76 Out of Committee
+= SB 39 BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL TELECONFERENCED
Heard & Held
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
**Streamed live on AKL.tv**
         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.  SHANNIGAN 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. SHANNIGAN 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. Shannigan to continue.                                                                                                
                                                                                                                                
4:19:51 PM                                                                                                                    
MR. SHANNIGAN 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. SHANNIGAN 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. SHANNIGAN 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.                                                                
                                                                                                                                
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. SHANNIGAN 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. SHANNIGAN 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. SHANNIGAN 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.                                                                        
                                                                                                                                
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. SHANNIGAN 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. SHANNIGAN 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. SHANNIGAN 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. SHANNIGAN 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. SHANNIGAN 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. SHANNIGAN 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