Legislature(2017 - 2018)GRUENBERG 120

04/17/2017 01:00 PM JUDICIARY

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as
Download Video part 1. <- Right click and save file as
Download Video part 2. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 4:30 PM --
+ SB 100 MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY TELECONFERENCED
Moved SB 100 Out of Committee
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 1 ELECTION REGISTRATION AND VOTING TELECONFERENCED
Moved CSHB 1(JUD) Out of Committee
                    ALASKA STATE LEGISLATURE                                                                                  
               HOUSE JUDICIARY STANDING COMMITTEE                                                                             
                         April 17, 2017                                                                                         
                           1:03 p.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Matt Claman, Chair                                                                                               
Representative Zach Fansler, Vice Chair                                                                                         
Representative Jonathan Kreiss-Tomkins                                                                                          
Representative Gabrielle LeDoux                                                                                                 
Representative David Eastman                                                                                                    
Representative Lora Reinbold                                                                                                    
Representative Charisse Millett (alternate)                                                                                     
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
Representative Chuck Kopp                                                                                                       
Representative Louise Stutes (alternate)                                                                                        
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
SENATE BILL NO. 100                                                                                                             
"An Act relating to municipal liens."                                                                                           
                                                                                                                                
     - MOVED SB 100 OUT OF COMMITTEE                                                                                            
                                                                                                                                
HOUSE BILL NO. 1                                                                                                                
"An  Act   relating  to  absentee   voting,  voting,   and  voter                                                               
registration;  relating  to  early   voting  locations  at  which                                                               
persons  may   vote  absentee  ballots;  and   providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
     - MOVED CSHB 1(JUD) OUT OF COMMITTEE                                                                                       
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
BILL: SB 100                                                                                                                  
SHORT TITLE: MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY                                                                          
SPONSOR(s): SENATOR(s) EGAN BY REQUEST                                                                                          
                                                                                                                                
03/29/17       (S)       READ THE FIRST TIME - REFERRALS                                                                        
03/29/17       (S)       JUD                                                                                                    
04/07/17       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/07/17       (S)       Heard & Held                                                                                           
04/07/17       (S)       MINUTE(JUD)                                                                                            
04/10/17       (S)       JUD AT 1:30 PM BELTZ 105 (TSBldg)                                                                      
04/10/17       (S)       Moved SB 100 Out of Committee                                                                          
04/10/17       (S)       MINUTE(JUD)                                                                                            
04/11/17       (S)       JUD RPT 3DP 2NR                                                                                        
04/11/17       (S)       NR: COGHILL, KELLY                                                                                     
04/11/17       (S)       DP: WIELECHOWSKI, COSTELLO, MEYER                                                                      
04/11/17       (S)       TRANSMITTED TO (H)                                                                                     
04/11/17       (S)       VERSION: SB 100                                                                                        
04/12/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
04/12/17       (H)       JUD                                                                                                    
04/17/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
BILL: HB 1                                                                                                                    
SHORT TITLE: ELECTION REGISTRATION AND VOTING                                                                                   
SPONSOR(s): REPRESENTATIVE(s) TUCK                                                                                              
                                                                                                                                
01/18/17       (H)       PREFILE RELEASED 1/9/17                                                                                
01/18/17       (H)       READ THE FIRST TIME - REFERRALS                                                                        
01/18/17       (H)       STA, JUD                                                                                               
02/23/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/23/17       (H)       Heard & Held                                                                                           
02/23/17       (H)       MINUTE(STA)                                                                                            
02/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
02/28/17       (H)       Heard & Held                                                                                           
02/28/17       (H)       MINUTE(STA)                                                                                            
03/07/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/07/17       (H)       Heard & Held                                                                                           
03/07/17       (H)       MINUTE(STA)                                                                                            
03/09/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/09/17       (H)       Heard & Held                                                                                           
03/09/17       (H)       MINUTE(STA)                                                                                            
03/14/17       (H)       STA AT 5:30 PM GRUENBERG 120                                                                           
03/14/17       (H)       -- MEETING CANCELED --                                                                                 
03/16/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/16/17       (H)       Heard & Held                                                                                           
03/16/17       (H)       MINUTE(STA)                                                                                            
03/21/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/21/17       (H)       Moved CSHB 1(STA) Out of Committee                                                                     
03/21/17       (H)       MINUTE(STA)                                                                                            
03/28/17       (H)       STA AT 3:00 PM GRUENBERG 120                                                                           
03/28/17       (H)       Moved CSHB 1(STA) Out of Committee                                                                     
03/28/17       (H)       MINUTE(STA)                                                                                            
03/29/17       (H)       STA RPT CS(STA) NT 4DP 3NR                                                                             
03/29/17       (H)       DP: WOOL, LEDOUX, TUCK, KREISS-TOMKINS                                                                 
03/29/17       (H)       NR: JOHNSON, KNOPP, BIRCH                                                                              
04/14/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
04/14/17       (H)       Heard & Held                                                                                           
04/14/17       (H)       MINUTE(JUD)                                                                                            
04/17/17       (H)       JUD AT 1:00 PM GRUENBERG 120                                                                           
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
SENATOR DENNIS EGAN                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented SB 100 as prime sponsor.                                                                       
                                                                                                                                
JESSE KIEHL, Staff                                                                                                              
Senator Dennis Egan                                                                                                             
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of SB 100, explained                                                                  
provisions within the legislation.                                                                                              
                                                                                                                                
AMY MEAD, Municipal Attorney                                                                                                    
City and Borough of Juneau (CBJ), Juneau, Alaska                                                                                
POSITION STATEMENT:  During the hearing of SB 100, offered                                                                    
testimony and answered questions.                                                                                               
                                                                                                                                
WILLIAM D. FALSEY, Municipal Attorney                                                                                           
Municipality of Anchorage                                                                                                       
Anchorage, Alaska                                                                                                               
POSITION STATEMENT:  During the hearing of SB 100, offered                                                                    
testimony.                                                                                                                      
                                                                                                                                
JOSIE BAHNKE, Director                                                                                                          
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 1, answered                                                                     
questions.                                                                                                                      
                                                                                                                                
CAROL THOMPSON, Absentee & Petition Manager                                                                                     
Absentee & Petition Office                                                                                                      
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 1, answered                                                                     
questions.                                                                                                                      
                                                                                                                                
LIBBY BAKALAR, Assistant Attorney General                                                                                       
Transportation Section                                                                                                          
Department of Law                                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  During the hearing of HB 1, answered                                                                     
questions.                                                                                                                      
                                                                                                                                
KENDRA KLOSTER, Staff                                                                                                           
Representative Chris Tuck                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the hearing  of  HB  1,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
REPRESENTATIVE CHRIS TUCK                                                                                                       
Alaska State Legislature                                                                                                        
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the hearing  of  HB  1,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
BRIAN JACKSON, Elections Program Manager                                                                                        
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION  STATEMENT:    During  the hearing  of  HB  1,  answered                                                             
questions.                                                                                                                      
                                                                                                                                
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
1:03:34 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting to  order at 1:03  p.m. Representatives  Claman, Fansler,                                                               
Eastman,  Reinbold, and  Millett  (alternate) for  Representative                                                               
Kopp were present at the  call to order.  Representatives Kreiss-                                                               
Tomkins and LeDoux arrived as the meeting was in progress.                                                                      
                                                                                                                                
        SB 100-MUNICIPAL LIENS: AUTHORITY FOR & PRIORITY                                                                    
                                                                                                                                
1:04:14 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  first order of business would be                                                               
SENATE BILL NO. 100, "An Act relating to municipal liens."                                                                      
                                                                                                                                
1:04:46 PM                                                                                                                    
                                                                                                                                
SENATOR DENNIS EGAN, Alaska State  Legislature, explained that he                                                               
was asked by city attorneys  throughout the state to introduce SB                                                               
100 because it fixes an  unintended consequence of a "really good                                                               
1998 bill"  wherein Senator  Tim Kelley  had stopped  people from                                                               
using bogus liens  to go after elected officials and  judges.  At                                                               
that  time,  he  explained,  no  one  realized  it  also  stopped                                                               
municipalities from  using liens to collect  against debts people                                                               
owed the city.  Not tax  liens, he pointed out, because those are                                                               
covered elsewhere in  statute.  Senator Egan offered  that when a                                                               
city  runs a  utility or  must  abate a  hazard, it  may need  to                                                               
record a  lien.  Importantly, he  noted, these liens do  not jump                                                               
the  line  because,  unlike  tax  liens that  move  in  front  of                                                               
everyone else, these  liens get in line by date  only, similar to                                                               
a private business.  Senate Bill  100 puts the tool back into the                                                               
municipalities'  hands and  gives liens  under municipal  law the                                                               
same authority as state and federal law.                                                                                        
                                                                                                                                
1:06:35 PM                                                                                                                    
                                                                                                                                
JESSE   KIEHL,  Staff,   Senator   Dennis   Egan,  Alaska   State                                                               
Legislature,   referred  to   the  detailed   sectional  analysis                                                               
contained in the committee packets,  and advised he was available                                                               
to take any detailed questions.                                                                                                 
                                                                                                                                
REPRESENTATIVE MILLETT  referred to Sec. 3,  [AS 29.35.010], page                                                               
[2], lines 27-28, which read as follows:                                                                                        
                                                                                                                                
          (4) to require periodic and special reports                                                                           
      from a municipal department to be submitted through                                                                       
     the mayor;                                                                                                                 
                                                                                                                                
REPRESENTATIVE  MILLETT surmised  that  the  language required  a                                                               
municipality to put some type of  policy in place before the lien                                                               
takes place.                                                                                                                    
                                                                                                                                
MR.  KIEHL answered  in the  affirmative and  explained that  the                                                               
municipality  must  act  by  ordinance;  therefore,  full  public                                                               
process comes  first.  Once that  policy was in place,  if a debt                                                               
needed to  be secured, it would  be available but not  before the                                                               
policy was  in place.   The bill does  not have a  retroactive or                                                               
retrospective effect, it is strictly going forward, he noted.                                                                   
                                                                                                                                
1:07:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred to page  4, [lines 2-10], and the                                                               
different  types  of  liens.     He  paraphrased  line  1,  "this                                                           
paragraph has  priority over  all other  liens except"  and asked                                                           
why  this  language chosen  because  earlier  [Senator Egan]  had                                                               
advised that these  liens are not placed in front  of other liens                                                               
and are in line according to date.                                                                                              
                                                                                                                                
MR. KIEHL responded  that this priority language  was copied from                                                               
elsewhere in  the state's  lien statute and  that there  are many                                                               
different flavors of lien in  statute.  When working through this                                                               
logic chain,  the result  is what  Senator Egan  described, these                                                               
liens are in line on equal terms  with everyone else.  He said he                                                               
could  walk through  that  in a  couple of  pieces,  but this  is                                                               
existing statute language  that has that effect,  it places these                                                               
liens basically  in front  of everything that  isn't in  front of                                                               
these liens.   It is  interesting language,  but that is  its net                                                               
effect, he remarked.                                                                                                            
                                                                                                                                
1:09:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN   asked  the  sponsor's   thoughts  about                                                               
including  a proviso  in the  language on  page 3,  wherein under                                                               
this bill, if the state  does give municipalities the opportunity                                                               
to  have  liens, that  there  be  required  "a sort  of  opt-out"                                                               
[provision].  For example, an  Alaska resident preferring to rely                                                               
entirely on clean energy or  sustainable power could opt-out of a                                                               
particular utility.  In that  manner, he said, the resident would                                                               
not use that utility  and would not run the risk  of a lien being                                                               
placed on their  property for not paying for a  utility they were                                                               
not using.                                                                                                                      
                                                                                                                                
MR.  KIEHL  answered  that  the bill  is  fundamentally  a  local                                                               
control bill, and the question  of whether any given municipality                                                               
has mandatory use of its  utilities, assuming a municipality runs                                                               
the  utilities,   is  actually  an   issue  best  left   to  that                                                               
municipality   and   its   voters   to   decide.      Home   rule                                                               
municipalities, he  explained, under  its home rule  powers could                                                               
require  hook-up to  a utility.   Currently,  there is  a statute                                                               
elsewhere allowing  t any municipality to  have mandatory garbage                                                               
service,  not  all  municipalities   use  that  option  which  is                                                               
something  between  those  municipalities  and  their  voters  to                                                               
determine on a local level.                                                                                                     
                                                                                                                                
1:11:36 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN opened public testimony on SB 100.                                                                                 
                                                                                                                                
1:12:06 PM                                                                                                                    
                                                                                                                                
AMY  MEAD,  Municipal  Attorney,  City  and  Borough  of  Juneau,                                                               
offered  an  example  of  why   this  bill  would  be  useful  to                                                               
municipalities, such  that, in 2012,  a large  historic structure                                                               
burned  in downtown  Juneau.    Within a  few  days the  building                                                               
official declared  the building a  public nuisance and  issued an                                                               
order requiring  the property owners to  perform certain repairs.                                                               
The property owners failed to  comply, the building sat for three                                                               
years, and  a second fire occurred  in March 2015.   The City and                                                               
Borough  of  Juneau (CBJ)  official  who  inspected the  building                                                               
found that the  property had significantly deteriorated.   In May                                                               
2015, he declared  the building had deteriorated to  the point it                                                               
was a public hazard and needed  to it be demolished, and required                                                               
that the  property owners demolish  the building.   Consequently,                                                               
she explained,  the property  owners failed  to comply  with that                                                               
order and the CBJ demolished the  building at a cost of over $1.6                                                               
million.   She pointed  out that the  CBJ had  previously adopted                                                               
the   International   Property   Management   Code   allowing   a                                                               
municipality to abate  a public nuisance at  the owners' expense.                                                               
Unfortunately,  due  to current  state  law,  the CBJ  could  not                                                               
secure that  debt with a  lien, meaning that a  prospective buyer                                                               
of  that now  flat  piece  of buildable  property  would have  no                                                               
notice  of  the debt  the  CBJ  incurred  in abating  the  public                                                               
nuisance  despite the  fact it  was a  legally permissible  debt.                                                               
Ms. Mead described  that similar to a  municipality that provides                                                               
for  utility  services,  the  CBJ   had  no  way  of  using  that                                                               
placeholder to secure its place in  line if that property were to                                                               
be sold.   Consequently, the  CBJ had to  file a lawsuit  for the                                                               
right to  recover those  funds, and  this legislation  would have                                                               
provided  an avenue  for  the CBJ  to secure  its  right in  line                                                               
should the  property have  been sold.   Ms.  Mead advised  that a                                                               
municipality  is not  allowed to  immediately  foreclose on  that                                                               
debt so  the property owner  would still have another  process to                                                               
object to  the foreclosure,  and object to  the placement  of the                                                               
lien.                                                                                                                           
                                                                                                                                
1:14:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT surmised that  the demolished property was                                                               
still being held by the private  owner of the building, and asked                                                               
why there  was a legal avenue  for the CBJ to  force the property                                                               
owner to  sell the property  allowing the CBJ to  receive payment                                                               
of the debt.                                                                                                                    
                                                                                                                                
MS.  MEAD responded  that  the  CBJ initiated  a  lis pendens,  a                                                               
notice of  the lawsuit, to  recover those costs because  it could                                                               
not  file a  lien.    Subsequent to  the  CBJ  recording the  lis                                                               
pendens, there was an objection  to that recording, and the court                                                               
ordered the CBJ  to withdraw the lis pendens.   Consequently, she                                                               
advised, in the event the property  owner decided today to try to                                                               
sell that  property there would be  no manner in which  the title                                                               
search would uncover the [$1.6  million] debt.  She remarked that                                                               
the CBJ  has been  engaged in  that lawsuit for  one year  and it                                                               
would  probably be  close to  another  year before  the case  was                                                               
resolved and  hopefully, she expressed,  the CBJ  will ultimately                                                               
recover  that debt.   Initially  and  ironically, the  defendants                                                               
filed  a Motion  to Dismiss  arguing that  the CBJ  should simply                                                               
file  a lien  to secure  the  debt, and  of course,  the CBJ  was                                                               
prohibited  to  filing a  lien  due  to  current state  law,  she                                                               
pointed out.                                                                                                                    
                                                                                                                                
1:16:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  asked upon what grounds  the court ordered                                                               
the CBJ to withdraw the lis pendens.                                                                                            
                                                                                                                                
MS. MEAD responded  that the court ordered that the  title to the                                                               
property was  not at issue and  not at stake; therefore,  the lis                                                               
pendens was not an appropriate mechanism.                                                                                       
                                                                                                                                
1:16:58 PM                                                                                                                    
                                                                                                                                
WILLIAM   D.   FALSEY,   Municipal  Attorney,   Municipality   of                                                               
Anchorage, advised that during  the Anchorage Assembly's official                                                               
legislative program [meeting]  a priority items was  the issue of                                                               
changes  to  state  law state  law  restoring  the  traditionally                                                               
understood  ability  of  municipalities   to  protect  their  law                                                               
abiding citizens  and taxpayers by  recording liens.   He offered                                                               
that SB  100 would accomplish  that goal and the  Municipality of                                                               
Anchorage transmitted letters  of support.  He  explained that in                                                               
some  ways this  is a  clean-up  measure designed  to address  an                                                               
overdue  maintenance  and  plumbing  problem with  the  way  "our                                                               
government is structured"  that is coming out  of a well-intended                                                               
fix to an entirely different problem  in the 1990s.  He explained                                                               
that Anchorage had  an instance of several  citizens not entirely                                                               
happy  with  its  public officials  filing  liens  against  their                                                               
personal property  "so something  like 43  liens have  been filed                                                               
against  the  mayor  and  every  Anch  --  every  member  of  the                                                               
Anchorage Assembly."   To its  credit, the  legislature corrected                                                               
that problem but  did so in a manner that  swept up the municipal                                                               
liens  within its  ambit.   Moving  forward to  2012, the  Alaska                                                               
Supreme Court found that another  jurisdiction could not record a                                                               
lien to secure its unpaid utility  bills.  He added that it would                                                               
be   somewhat   surprising   for   the   legislature   to   leave                                                               
municipalities  out of  the lien  framework  because in  thumbing                                                               
through Title 34.35,  the legislature had authorize  a whole bevy                                                               
of liens to be filed by  a whole variety of characters including,                                                               
mechanics, those  who are  performing services  on mines  and oil                                                               
wells,  common   carriers,  folks  performing   private  property                                                               
storage,   cattle  grazers,   fish   packers,  fish   processors,                                                               
fishermen,  attorneys, hospitals,  physicians and  nurses, hotels                                                               
and boarding  rooms, lumberjacks  and those  who work  with other                                                               
timber operations, common labors of  all stripes for their wages,                                                               
and even night watchman.                                                                                                        
                                                                                                                                
1:19:30 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN,  after  ascertaining  no one  wished  to  testify,                                                               
closed public testimony on SB 100.                                                                                              
                                                                                                                                
1:19:59 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  FANSLER  thanked  Senator  Egan  for  bringing  this                                                               
legislation forward  because it cleans  up an issue  that offered                                                               
true    unintended   consequences    and    hurt   the    state's                                                               
municipalities.    He  commented that  anything  the  legislature                                                               
could to do  help municipalities help themselves is  a good thing                                                               
and  this bill  squarely  accomplishes  that goal.    He said  he                                                               
supports SB 100.                                                                                                                
                                                                                                                                
1:20:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  commented that  he  would  like time  to                                                               
draft  an amendment  related to  his  earlier, opt-out  provision                                                               
before placing  a lien  on someone's  property, suggestion.   The                                                               
sponsor statement  specifically referred to  municipalities using                                                               
a means to  collect from people who use services  but do not pay,                                                               
which is fair.  His concern,  he said, is that municipalities may                                                               
use  this to  force  people to  pay and  possibly  give up  their                                                               
property for services the people never intended to use.                                                                         
                                                                                                                                
CHAIR  CLAMAN  pointed out  to  Representative  Eastman that  his                                                               
office had  forwarded a  notice on  Saturday that  amendments for                                                               
this bill  were due at  10:00 this morning.   While, he  said, he                                                               
appreciates Representative Eastman's interest,  he would not hold                                                               
the bill another day to take amendments.                                                                                        
                                                                                                                                
1:21:30 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX   remarked   she   did   not   understand                                                               
Representative Eastman's request because,  what person would opt-                                                               
in  to a  lien.   In the  event a  person was  faced with  a lien                                                               
because they  failed to pay  for something, they would  not agree                                                               
to a lien being issued on their property.                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN explained that  currently, a person has an                                                               
opportunity to  use utility services from  a municipality, except                                                               
not everyone  uses sewage services and  in some places it  is not                                                               
even  an option.    The opt-out  provision,  he explained,  would                                                               
allow Alaskans not using and never  plan to use, a way to prevent                                                               
a lien being placed on their  property for utilities they are not                                                               
using.   He noted this  was the  first committee hearing  on this                                                               
bill and there hadn't been  an opportunity for discussion on this                                                               
topic.                                                                                                                          
                                                                                                                                
1:23:14 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN surmised that Representative Eastman's concern was                                                                 
to prevent  a lien being  put on  their property for  utilities a                                                               
person didn't use,  similar to a mechanic's lien  or timber lien,                                                               
except a  utility would not  issue a lien  if the person  did not                                                               
actually use  the utility.   Therefore, he  said, if  the utility                                                               
delivered electricity  for two months  and a person  advised they                                                               
did not want to use the  electricity any longer and would not pay                                                               
for the  past two months,  that instance would be  appropriate to                                                               
issue a lien to collect the two months of provided electricity.                                                                 
                                                                                                                                
1:24:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  moved  to  report SB  100,  Version  30-                                                               
LS0709\J, out  of committee  with individual  recommendations and                                                               
the accompanying zero fiscal note.                                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Kreiss-Tomkins,                                                               
LeDoux,  Fansler,  Millett, and  Claman  voted  in favor  of  the                                                               
passage  of SB  100.   Representative Eastman  voted against  it.                                                               
Therefore,  SB  100  was  reported out  of  the  House  Judiciary                                                               
Standing Committee by a vote of 5-1.                                                                                            
                                                                                                                                
             HB 1-ELECTION REGISTRATION AND VOTING                                                                          
                                                                                                                                
1:25:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
HOUSE BILL  NO. 1, "An  Act relating to absentee  voting, voting,                                                               
and  voter registration;  relating to  early voting  locations at                                                               
which persons  may vote  absentee ballots;  and providing  for an                                                               
effective date."                                                                                                                
                                                                                                                                
[CHAIR CLAMAN passed the gavel to Vice Chair Fansler.]                                                                          
                                                                                                                                
1:25:37 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  moved to adopt Amendment  1, Version 30-LS0070\U.3,                                                               
Bullard, 4/17/17, which read as follows:                                                                                        
                                                                                                                                
     Page 2, following line 27:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 3. AS 15.07.060(b) is amended to read:                                                                      
          (b)  Every registration form must include space                                                                   
     for  an   applicant  who   is  registered   in  another                                                                
     jurisdiction to specify that  jurisdiction and a notice                                                                
     that  the  director  will notify  the  chief  elections                                                                
     officer  in that  jurisdiction.  If  the applicant  has                                                                
     been   previously  registered   to   vote  in   another                                                                    
     jurisdiction,  the  director  shall  notify  the  chief                                                                    
     elections  officer   in  that  jurisdiction   that  the                                                                    
     applicant has registered to vote  in Alaska and request                                                                    
     that  that jurisdiction  cancel  the applicant's  voter                                                                    
     registration there."                                                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX objected for purposes of discussion.                                                                      
                                                                                                                                
1:25:51 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN explained  that the  purpose of  Amendment 1  is to                                                               
make certain a  space was provided for an applicant  who may have                                                               
moved  to  Alaska  from  another   state  to  indicate  on  their                                                               
registration form their  previously registered jurisdiction, with                                                               
the  understanding the  jurisdiction would  be notified  that the                                                               
individual  had now  moved  to  Alaska and  no  longer wished  to                                                               
participate in elections  in that jurisdiction.   Amendment 1, he                                                               
reiterated, allows  people who have  moved from another  state to                                                               
Alaska to express  their intent to solely vote in  Alaska and not                                                               
elsewhere.                                                                                                                      
                                                                                                                                
1:27:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   LEDOUX  pointed   to   the  voter   registration                                                               
application form and noted that question 14, read as follows:                                                                   
                                                                                                                                
     14.  I am  registered to  vote in  another state,  cancel my                                                               
registration in ..."                                                                                                            
                                                                                                                                
REPRESENTATIVE LEDOUX  said she looked  for the same  language on                                                               
the absentee in-person ballot and  the language was not included.                                                               
Yet  interestingly, HB  1, Sec.  2. AS  15.07.060(a)(5), page  2,                                                               
lines 12-14, read as follows:                                                                                                   
                                                                                                                                
               (5) a statement of  whether the applicant has                                                                    
     previously   been  registered   to   vote  in   another                                                                    
     jurisdiction,  and, if  so,  the  jurisdiction and  the                                                                    
     address of the previous registration;                                                                                      
                                                                                                                                
REPRESENTATIVE  LEDOUX surmised  that  the  language was  already                                                               
required, and yet  it was not included on  the absentee in-person                                                               
ballot.                                                                                                                         
                                                                                                                                
1:28:30 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  answered  that currently  the  absentee  in-person                                                               
ballot  does not  register  a  person to  vote,  and wouldn't  be                                                               
required.    Although,   he  pointed  out,  with   the  same  day                                                               
registration it would need to be incorporated.                                                                                  
                                                                                                                                
REPRESENTATIVE LEDOUX  disagreed and she explained  that a person                                                               
can  actually  register to  vote  through  an absentee  in-person                                                               
ballot because a  person would not complete  a registration first                                                               
and  then have  to complete  an absentee  in-person ballot.   She                                                               
described it as a "one meal deal."                                                                                              
                                                                                                                                
1:28:56 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN offered concern that  it appeared [the division] was                                                               
"doing it"  but no  one could point  to the  authorizing statute.                                                               
The  reason  for Amendment  1  was  the  authority should  be  in                                                               
statute  in  order  to  have  statutorily  required  consistency.                                                               
Rather, he  said, than  a department  regulation and  the current                                                               
appearance   the   language   to   be   included   was   provided                                                               
inconsistently.                                                                                                                 
                                                                                                                                
1:29:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  pointed out  that  the  language was  not                                                               
included in  the absentee in-person  ballot, and that  the ballot                                                               
can serve  as a  voter registration application  form.   Yet, she                                                               
noted,   the   information   requirement  is   included   in   AS                                                               
15.07.060(a), page 2, lines 4-5, which read as follows:                                                                         
                                                                                                                                
        (a) Each applicant who requests registration or                                                                         
     reregistration shall supply the following information:                                                                     
                                                                                                                                
REPRESENTATIVE  LEDOUX referred  to AS  15.07.060(a)(5), page  2,                                                               
lines 12-14, which read as follows:                                                                                             
                                                                                                                                
               (5) a statement of  whether the applicant has                                                                    
     previously   been  registered   to   vote  in   another                                                                    
     jurisdiction,  and, if  so,  the  jurisdiction and  the                                                                    
     address of the previous registration;                                                                                      
                                                                                                                                
REPRESENTATIVE  LEDOUX pointed  out  that  AS 15.07.060(a)(5)  is                                                               
current  language in  statute  and she  was  unsure whether  this                                                               
amendment  was necessary.   Although  her concern,  she remarked,                                                               
was why the law wasn't being followed.                                                                                          
                                                                                                                                
1:30:55 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  referred to  Sec. 2,  AS 15.07.060,  and reiterated                                                               
that  the provision  discusses the  applicant and  what they  are                                                               
supposed  to do,  and  yet  clearly it  was  not being  performed                                                               
consistently because it was not included on the absentee in-                                                                    
person  ballot  application but  it  was  included on  the  voter                                                               
registration  application.    The   intent  of  Amendment  1,  he                                                               
advised, was  to be certain the  language was included in  all of                                                               
the [relevant] forms and that the requirement was in statute.                                                                   
                                                                                                                                
REPRESENTATIVE LEDOUX pointed to  Sec. 2, AS 15.07.060(a)(5), and                                                               
argued that it  is currently required in statute.   Although, she                                                               
advised,  she   was  having  difficulty  understanding,   if  the                                                               
division had  not bothered  to follow current  law, why  it would                                                               
follow the law any better with  the adoption of Amendment 1.  She                                                               
said she would like to hear from the Division of Elections.                                                                     
                                                                                                                                
CHAIR  CLAMAN  argued that  Sec.  2,  AS  15.07.060 in  the  bill                                                               
applies  to each  applicant because  the  applicant provides  the                                                               
information,  not   the  division.    The   requirement  for  the                                                               
division, under  Amendment 1  would require  the division,  is to                                                               
the forms it provides, he explained.                                                                                            
                                                                                                                                
1:32:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  said   she  agreed  with  Representative                                                               
LeDoux in  that the requirement  was in statute and  the Division                                                               
of  Elections  had  not  followed  the  statute  related  to  the                                                               
absentee  in-person  ballot  application  serving  as  the  voter                                                               
registration application.                                                                                                       
                                                                                                                                
REPRESENTATIVE EASTMAN referred to Amendment  1, page 1, lines 5-                                                               
6, which read as follows:                                                                                                       
                                                                                                                                
        (b) ... notice that the director will notify the                                                                    
     chief elections officer in that jurisdiction.                                                                          
                                                                                                                                
REPRESENTATIVE EASTMAN  asked the amount  of the fiscal  note and                                                               
the  impact  to the  Division  of  Elections in  notifying  those                                                               
jurisdictions.                                                                                                                  
                                                                                                                                
1:34:34 PM                                                                                                                    
                                                                                                                                
JOSIE  BAHNKE, Director,  Division  of Elections,  Office of  the                                                               
Lieutenant   Governor,  responded   to  Representative   LeDoux's                                                               
question regarding  the voter qualification, under  AS 15.05.010,                                                               
which read as follows:                                                                                                          
                                                                                                                                
      AS 15.05.010. Voter Qualification. A person may vote                                                                      
     at any election who                                                                                                        
                                                                                                                                
          (1) is a citizen of the United States;                                                                                
                                                                                                                                
          (2) is 18 years of age or older;                                                                                      
                                                                                                                                
          (3) has  been a resident  of the state and  of the                                                                    
          house district  in which the person  seeks to vote                                                                    
          for  at least  30 days  just before  the election;                                                                    
          and                                                                                                                   
                                                                                                                                
           (4) has registered before the election as                                                                            
         required under AS 15.07 and is not registered                                                                          
          to vote in another jurisdiction.                                                                                      
                                                                                                                                
MS.  BAHNKE   explained  that  these  absentee   voters  must  be                                                               
registered  voters in  order  to apply  for  an absentee  ballot,                                                               
under voter qualification in statute.                                                                                           
                                                                                                                                
1:35:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX advised  that  she  had registered  people                                                               
with  "this"  application,  and  she  had  been  assured  by  the                                                               
division on numerous occasions that  an absentee in-person ballot                                                               
application suffices  as a voter  registration application.   She                                                               
asked  whether Ms.  Bahnke was  speaking to  the contrary  of her                                                               
understanding.                                                                                                                  
                                                                                                                                
MS. BAHNKE responded "No."                                                                                                      
                                                                                                                                
1:36:08 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  advised that  her question then  become as                                                               
follows,  according to  AS  15.07.060(a),  on voter  registration                                                               
forms  there is  to  be  a statement  of  whether  the voter  was                                                               
registered  to vote  in another  jurisdiction, and,  if so,  what                                                               
jurisdiction  and  the  address.     Representative  LeDoux  then                                                               
pointed  to the  State if  Alaska Voter  Registration Application                                                               
form question  14, and paraphrased  as follows, "I  am registered                                                               
to vote  in another state, cancel  my registration in: ...  " and                                                               
she said  that it lists the  city, state, country, and  zip code.                                                               
She  said she  had always  been  told the  Division of  Elections                                                               
provides that information to the  other state in which the person                                                               
was registered, and the person could  no longer vote in the other                                                               
jurisdiction    once   the    person   registered    in   Alaska.                                                               
Representative LeDoux  asked why the  form did not follow  the AS                                                               
15.07.060(a)  requirement,  and  pointed  out  that  this  was  a                                                               
problem  long  before  Ms.  Bahnke became  the  director  of  the                                                               
Division of Elections.                                                                                                          
                                                                                                                                
1:38:40 PM                                                                                                                    
                                                                                                                                
MS. BAHNKE deferred to Carol  Thompson, Absentee Petition Manger,                                                               
and surmised  that Representative LeDoux's concern  was regarding                                                               
the inconsistency across the different application forms.                                                                       
                                                                                                                                
REPRESENTATIVE LEDOUX  stressed concern  that while  the language                                                               
was  correctly included  on  the  voter registration  application                                                               
form,  it  did  not  appear  on  the  absentee  in-person  ballot                                                               
application  form.   Her  concern, she  expressed,  was that  the                                                               
language  was not  included correctly  and  consistently on  both                                                               
forms.                                                                                                                          
                                                                                                                                
1:39:29 PM                                                                                                                    
                                                                                                                                
CAROL THOMPSON, Absentee & Petition  Manager, Absentee & Petition                                                               
Office,  Office   of  the   Lieutenant  Governor,   responded  to                                                               
Representative  LeDoux and  advised  that in  accordance with  AS                                                               
15.20.081, a person applying for  an absentee by mail ballot must                                                               
be a qualified  registered voter at the time they  apply, and the                                                               
division does use the absentee  in-person ballot application as a                                                               
form of  voter registration.   However, she explained,  the issue                                                               
becomes  that the  language relies  upon the  voter to  also step                                                               
forward and  cancel their registration,  and the  amendment could                                                               
clarify if Representative LeDoux saw this as an issue.                                                                          
                                                                                                                                
1:40:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX commented,  if  that is  the position  the                                                               
Division of  Elections was  taking, that  the division  would not                                                               
think  there was  any obligation  now  that this  issue had  been                                                               
pointed out to the division, the amendment was necessary.                                                                       
                                                                                                                                
MS. THOMPSON related that it  would be the director's decision as                                                               
to whether  she wanted to  add that language  to the form  in the                                                               
future.                                                                                                                         
                                                                                                                                
1:40:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  surmised  that every  voter  application                                                               
form  has a  space  where  the person  swears  and affirms  their                                                               
information was  current, and so  forth.  She asked  whether that                                                               
language  was  included on  the  absentee  in-person ballot,  and                                                               
whether that  works in the same  manner in which Amendment  1 and                                                               
the statute requires.                                                                                                           
                                                                                                                                
MS. THOMPSON answered "Yes."                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  noted  that   she  just  looked  at  the                                                               
absentee in-person  ballot language and  the person must  sign an                                                               
oath, which read as follows: "...  I am not registered to vote in                                                               
another  state, or  I have  taken the  necessary steps  to cancel                                                               
that  registration.   ..."  and   that  they   fit  all   of  the                                                               
requirements to be  a qualified Alaska voter.   She asked whether                                                               
that was on the absentee in-person ballot.                                                                                      
                                                                                                                                
REPRESENTATIVE  LEDOUX responded  that  the  certification is  on                                                               
both  forms.     Whereas,  the  traditional   voter  registration                                                               
application had a space that clearly  set out that the person was                                                               
canceling their registration, and it  is included in "super small                                                               
print" on the absentee application.                                                                                             
                                                                                                                                
1:42:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  surmised that  Amendment 1  required that                                                               
that  specific  language be  included  on  every form  permitting                                                               
someone  to   provide  information   as  to  their   other  voter                                                               
jurisdiction, rather  than swearing the  oath.  In the  event the                                                               
amendment  passed, she  asked whether  the  language to  disclose                                                               
where a  person was  last registered would  be included  on every                                                               
single  voter   application  and  ballot.     She  asked  whether                                                               
Amendment 1  would add an  additional space on every  single form                                                               
and application to self-disclose.                                                                                               
                                                                                                                                
MS.  BAHNKE answered  in the  affirmative, and  offered that  the                                                               
division   is  currently   reviewing  all   of  its   forms,  and                                                               
understanding  Representative  LeDoux's   concern,  the  division                                                               
would certainly take a look  at the consistency issue throughout.                                                               
She advised that  the forms are changed in  off-numbered years to                                                               
address concerns  and whether  the amendment  passes or  not, the                                                               
division  would take  a  look at  this issue  and  take it  under                                                               
advisement.                                                                                                                     
                                                                                                                                
1:44:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN noted that  Ms. Thompson's testimony ended                                                               
with the statement that it was  up to the division director as to                                                               
whether  the form  would be  changed, and  said he  would like  a                                                               
commitment  from the  director  that the  form  would be  changed                                                               
because that was what the law required.                                                                                         
                                                                                                                                
MS. BAHNKE answered in the affirmative.                                                                                         
                                                                                                                                
1:44:37 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  noted  that  the  legislature  would  be                                                               
giving the  newly registered  people the  option of  putting this                                                               
information on the  form, and asked whether that  was an optional                                                               
or mandatory requirement, and to explain any consequences.                                                                      
                                                                                                                                
MS. BAHNKE  replied that it  is not  illegal to be  registered to                                                               
vote in two different states, but  it is illegal to actually vote                                                               
in  two different  states.   She commented  that the  Division of                                                               
Elections  recently  completed  its  annual  search  through  the                                                               
division's   membership   with    the   Electronic   Registration                                                               
Information  Center  (ERIC),  and  explained  that  ERIC  matches                                                               
searches with 21 other states  to identify dual registrations and                                                               
then contacts those voters.                                                                                                     
                                                                                                                                
1:46:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred to the  statement that it was not                                                               
illegal to be registered in two  states, and pointing to the oath                                                               
the  person  signed  when  filling  out  the  application,  asked                                                               
whether it was  optional for the person to  indicate whether they                                                               
were currently registered in another state.                                                                                     
                                                                                                                                
MS. BAHNKE responded  that the division would not  accept a voter                                                               
registration without a signature, if that was his question.                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN asked whether it  was a person's choice to                                                               
include information regarding their  other voter jurisdiction, or                                                               
was it that no one would check the information.                                                                                 
                                                                                                                                
MS. BAHNKE said she did not understand his question.                                                                            
                                                                                                                                
1:47:33 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER  asked whether there was a  penalty for people                                                               
who fill out  the form but do not declare  they are registered in                                                               
another state.                                                                                                                  
                                                                                                                                
REPRESENTATIVE  EASTMAN said  Vice  Chair Fansler  was not  quite                                                               
correct, and said  he would like to know whether  it was optional                                                               
or  mandatory, and  in the  event  it was  mandatory, to  explain                                                               
mandatory.                                                                                                                      
                                                                                                                                
1:47:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  said she  could possibly  assist, referred                                                               
to AS  15.07.060(a) and paraphrased  as follows:  "Each applicant                                                               
who  requests registration  or  reregistration  SHALL supply  the                                                             
following  information."   Therefore,  she  pointed out,  "shall"                                                               
means that it  is mandatory that people  disclose the information                                                               
as to  whether or  not they  were registered  to vote  in another                                                               
jurisdiction.  Nothing  on the form states that  it is mandatory,                                                               
she explained, except the statute states that it is mandatory.                                                                  
                                                                                                                                
1:49:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT referred to the  statement that it was not                                                               
illegal to be registered in  two different states, it was illegal                                                               
to vote  in two different  states.  She  offered a scenario  of a                                                               
person believing  they were not  registered in another  state yet                                                               
they were registered, and asked  whether that was illegal because                                                               
she is registered in Texas and Alaska.                                                                                          
                                                                                                                                
1:50:07 PM                                                                                                                    
                                                                                                                                
LIBBY   BAKALAR,  Assistant   Attorney  General,   Transportation                                                               
Section, Department of Law, noted  that the discussion relates to                                                               
the   interaction  between   the  following   two  statutes,   AS                                                               
15.05.010(4)  and AS  15.07.030 voter  qualification and  who may                                                               
register,  respectively.    She explained  that  AS  15.05.010(4)                                                               
voter  qualification provides,  and  paraphrased,  "A person  may                                                               
vote at  any election who is  a citizen of the  United States, is                                                               
18 years or older, has been a  resident of the state ... and, (4)                                                               
has registered  before the election  as required under  AS 15.07,                                                               
and  is   not  registered  to  vote   in  another  jurisdiction."                                                               
Therefore, she  explained, in  order to be  a qualified  voter in                                                               
this  state,  the  person  must  not  be  registered  in  another                                                               
jurisdiction, currently provided under  voter qualification.  She                                                               
opined  that when  Ms. Bahnke  stated it  was not  illegal to  be                                                               
registered  in two  states but  was illegal  to double  vote, Ms.                                                               
Bahnke referred to AS 15.07.030(a), which read as follows:                                                                      
                                                                                                                                
     (a) A person  who has the qualifications of  a voter as                                                                    
     set out in  AS 15.05.010(1) - (3) or who  will have the                                                                    
     qualifications  at the  succeeding  primary or  general                                                                    
     election is  entitled to  be registered  as a  voter in                                                                    
     the precinct in which the person resides.                                                                                  
                                                                                                                                
1:51:35 PM                                                                                                                    
                                                                                                                                
MS. BAKALAR  indicated that was  an order to not  criminalize the                                                               
act  of failing  to un-register  in the  other state.   Duplicate                                                               
voting is not permissible and  requires a level of intentionality                                                               
and  a  mindset contemplated  in  the  criminal portions  of  the                                                               
election code dealing  with election crimes, she  explained.  The                                                               
reason  paragraph  (4)   was  left  out  of   AS  15.07.030,  the                                                               
registration statute,  was to prevent  accidentally criminalizing                                                               
a mistake  or a  clerical issue.   The administrative  purpose of                                                               
the match is  to make certain the voter roll  list maintenance is                                                               
maintained  so  that  people  do not  remain  registered  in  two                                                               
different states.   A person is not considered  a qualified voter                                                               
in  Alaska   if  the  person   is  also  registered   in  another                                                               
jurisdiction, she said.                                                                                                         
                                                                                                                                
1:52:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT surmised  that  this bill  would make  it                                                               
same day voter registration and voting.                                                                                         
                                                                                                                                
MS. BAKALAR said that was her understanding.                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT surmised  that  in doing  so, this  would                                                               
allow someone to same day register  and vote, "and that's your --                                                               
that's your  timestamp," but the  person may still  be registered                                                               
to vote in  another jurisdiction with no penalty  even though the                                                               
statute  read "shall."   Representative  Millett commented  there                                                               
was  confusion in  the process  because "before  a person  had to                                                               
register within  30 days"  with the  opportunity to  cancel their                                                               
registration  in another  jurisdiction,  but now  the person  was                                                               
same  day registering  and  voting while  registered  to vote  in                                                               
another jurisdiction.                                                                                                           
                                                                                                                                
MS.  BAKALAR said  she could  see the  gap Representative  Millet                                                               
referred, and deferred to the sponsor.                                                                                          
                                                                                                                                
1:54:27 PM                                                                                                                    
                                                                                                                                
KENDRA KLOSTER,  Staff, Representative  Chris Tuck,  Alaska State                                                               
Legislature, said  the piece being discussed  is the attestation,                                                               
signing and dating  that the person's information on  the form is                                                               
true and correct.   She said, that as she  reads this, the person                                                               
certifies under  the penalty of  perjury, and if  the information                                                               
was untrue the person broke the  law, and that piece is not being                                                               
changed.  She referred to  the State of Alaska Voter Registration                                                               
Application, which read as follows:                                                                                             
                                                                                                                                
     Voter  Certificate.   Read and  sign: I  certify, under                                                                  
     penalty  of  perjury,  that  the  above  information  I                                                                    
     provided on  this document is  true and correct.   I am                                                                    
     not  registered to  vote in  another state,  or I  have                                                                    
     provided information  to cancel  that registration.   I                                                                    
     further certify  that I am  a resident of Alaska  and I                                                                    
     have not been convicted of  a felony, or having been so                                                                    
     convicted,  have been  unconditionally discharged  from                                                                    
     incarceration, probation and/or parole.                                                                                    
                                                                                                                                
     Warning:  If  you  provide false  information  on  this                                                                
     application you  can be convicted  of a  misdemeanor AS                                                                  
     15.56.050.                                                                                                               
                                                                                                                                
1:55:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  offered a scenario of  someone forgetting                                                               
to  un-register in  Texas  and  votes in  Alaska,  she asked  the                                                               
consequences  after the  person  signed the  attestation and  the                                                               
Division of Elections  found out they were  registered in another                                                               
state.   She asked, which  state would prosecute for  perjury and                                                               
whether their vote counted.                                                                                                     
                                                                                                                                
1:56:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHRIS TUCK,  Alaska  State Legislature,  answered                                                               
that most likely  the Department of Law would  pursue the perjury                                                               
allegation.   Under this bill,  he explained, regarding  same day                                                               
voter registration, that  ballot would not be  verified until the                                                               
time of counting votes.  Under  a bill passed last year, he said,                                                               
at the  time of counting  ballots, the Division of  Elections has                                                               
avenues to verify  whether or not someone was  registered to vote                                                               
in another  jurisdiction.  Therefore,  prior to the  ballot being                                                               
counted, he  explained, the division  will verify whether  or not                                                               
that  person  --  "so  that  ballot will  not  get  counted  down                                                               
ballot."   However, he  pointed out,  if the  person is  a United                                                               
States citizen and registered to vote  in the State of Texas, for                                                               
example, they will still be able  to vote the "top of the ballot"                                                               
for  the  presidency of  the  United  States.   Nevertheless,  he                                                               
continued, if they  are an Alaska resident and  moved from Bethel                                                               
to Fairbanks outside of a senate  district, they would be able to                                                               
vote  for  the  presidency  of the  United  States,  governor  of                                                               
Alaska, and any other statewide  election, whether U.S. Senate or                                                               
the  U.S. House  of  Representatives.   He  reiterated, that  the                                                               
ballot  will be  verified at  the  time the  ballot is  reviewed,                                                               
there is a  process for questioned ballots  and absentee ballots,                                                               
and that process will remain the same.                                                                                          
                                                                                                                                
1:58:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  surmised that every questioned  ballot or                                                               
absentee  ballot  goes through  the  review  process of  checking                                                               
databases of  other states  to ascertain  whether the  person was                                                               
registered  in  another  jurisdiction.   She  asked  whether  all                                                               
states are checked.                                                                                                             
                                                                                                                                
REPRESENTATIVE TUCK responded that he  was unclear as to how long                                                               
the  process  had been  ongoing,  but  the process  is  currently                                                               
happening under a  bill passed last year.  For  example, he said,                                                               
when a  person votes at  one of  the six early  voting locations,                                                               
the ballot  can be verified  "real time" as those  locations have                                                               
the  capability  to verify.    Although,  he pointed  out,  those                                                               
capabilities  are  not available  [at  the  locations] for  early                                                               
voting  in-person absentee  voting,  and those  ballots would  be                                                               
verified prior to being counted.                                                                                                
                                                                                                                                
1:59:30 PM                                                                                                                    
                                                                                                                                
VICE CHAIR  FANSLER commented to Representative  Millett that her                                                               
questions   actually  pertained   to  the   main  bill   and  not                                                               
necessarily the amendment.                                                                                                      
                                                                                                                                
REPRESENTATIVE  MILLETT commented  that no  one had  answered her                                                               
question as  to whether the  ballot was  valid if the  person was                                                               
registered [in  another state], and  whether that  ballot counts.                                                               
The whole  idea here, she  opined, is  that Alaska does  not want                                                               
people voting in  Alaska and registered to vote  in another state                                                               
because  the form  asks the  person to  verify they  had canceled                                                               
their voter  registration in  the other  jurisdiction.   How many                                                               
times  that had  happened, she  asked, and  what happened  to the                                                               
ballot of the person still registered in another state.                                                                         
                                                                                                                                
2:00:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK reiterated  that  that ballot  would not  be                                                               
counted completely.  He referred  to his earlier explanation that                                                               
the ballot would be a partial  ballot count depending upon all of                                                               
the conditions  the division was able  to verify, so it  would be                                                               
conditional.                                                                                                                    
                                                                                                                                
2:00:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT referred  to Ms.  Kloster's comment  that                                                               
the person  would be  committing perjury and  the person  did not                                                               
realize they  were still registered,  what agency  prosecutes the                                                               
person.                                                                                                                         
                                                                                                                                
REPRESENTATIVE  TUCK reiterated  that the  ballot would  still be                                                               
counted  because  the person  was  still  allowed  to vote.    He                                                               
reiterated that  the Department of  Law would have to  pursue the                                                               
issue,  except due  to the  state's fiscal  crisis, and  the fact                                                               
that  no fraud  was  committed  other than  the  perjury, he  was                                                               
unsure whether the  Department of Law would  actively pursue that                                                               
perjury prosecution.                                                                                                            
                                                                                                                                
2:02:35 PM                                                                                                                    
                                                                                                                                
MS.  BAKALAR   responded  to  Representative   Millet's  question                                                               
regarding perjury prosecutions and  advised that all prosecutions                                                               
for  suspected  election fraud  are  referred  to the  Office  of                                                               
Special Prosecutions and Appeals in  the Criminal Division of the                                                               
Department of  Law (DOL).   She said  that within  the division's                                                               
list  maintenance  process,  it  attempts to  determine  to  what                                                               
extent  [perjury  may have  been  committed].   For  example,  an                                                               
elderly person may forget they voted  absentee and then go to the                                                               
polling  place and  vote  again, and  it is  caught  later.   She                                                               
explained the ballots  go through a fairly  rigorous audit during                                                               
by  ballot counting  process,  and the  State  Review Board  also                                                               
performs a rigorous audit.   She further explained the process in                                                               
that a  determination, such  as duplicate  voting or  a potential                                                               
perjury registration,  was made,  the Division of  Elections then                                                               
advises the Civil Division of  the Department of Law representing                                                               
the Division of  Elections as to the suspected fraud,  it is then                                                               
referred to  the Office of  Special Prosecutions and  Appeals for                                                               
follow up.                                                                                                                      
                                                                                                                                
2:04:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE MILLETT  asked how  the number of  voters involved                                                               
in suspected  perjury due to  the certification  and registration                                                               
in another jurisdiction issue.                                                                                                  
                                                                                                                                
MS. BAKALAR answered that there have  not been very many as it is                                                               
not  a  common prosecution  nor  is  it  a common  allegation  or                                                               
concern.   Although, she said  she would  have to speak  with the                                                               
Criminal Division, and reiterated that it is not common.                                                                        
                                                                                                                                
2:05:00 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  reiterated that  the  current  forms used  by  the                                                               
Division of Elections are  inconsistent because the [attestation]                                                               
on the  [voter registration application] form  specifically read:                                                               
"I  am  not registered  to  vote  in  another  state, or  I  have                                                               
provided information  to cancel  that registration,"  question 14                                                               
on that  form read, "I  am registered  to vote in  another state,                                                               
cancel my  registration in: ..."  and the person  indicates their                                                               
other jurisdiction.                                                                                                             
                                                                                                                                
CHAIR CLAMAN  then referred to  the [attestation] on  the special                                                               
needs ballot,  absentee in-person ballot, and  questioned ballot,                                                               
and said they  have slightly different language, and  he read, "I                                                               
am not registered  to vote in another state, or  I have taken the                                                               
necessary steps to cancel that registration."                                                                                   
                                                                                                                                
2:06:00 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN offered that during  the preparation of Amendment 1,                                                               
he  had a  long discussion  with Legislative  Legal and  Research                                                               
Services who  advised that "We,  in Alaska, cannot  force another                                                               
state to un-register somebody," and  that Alaska could only offer                                                               
the   address   of  the   person   previously   living  in   that                                                               
jurisdiction.  Also,  he pointed out, most people  would not know                                                               
how to un-register from a state.   His concern, he said, was that                                                               
the  legislature put  honest and  diligent people  who wanted  to                                                               
vote in  Alaska in  a place where  they were  arguably committing                                                               
perjury by stating  they had taken the necessary  steps to cancel                                                               
their  registration.   The  intent  of  Amendment  1 is  to  make                                                               
abundantly  clear,  on  any  division form  with  the  effect  of                                                               
registering  a person,  to have  a space  to fill  in information                                                               
regarding  their  other  jurisdiction, which  then  allows  those                                                               
voters  to believe  they  had  taken the  steps  to cancel  their                                                               
registration in  the other jurisdiction.   As to the  question of                                                               
whether  or  not  filling  in the  information  would  result  in                                                               
canceling, he said  he could not say for sure  because he did not                                                               
know  how often  the division  would  call a  person advising  to                                                               
"cancel this  and cancel  that."  Chair  Claman stressed  he does                                                               
not want Alaska's legitimate voters  to be prosecuted for perjury                                                               
or anything else because the  process of canceling a registration                                                               
from one state to the next state was imperfect.                                                                                 
                                                                                                                                
2:08:24 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN explained  that the  second part  of the  amendment                                                               
emphasizes that  the division  must be  certain this  language is                                                               
included on every  form, recognizing that currently  when a voter                                                               
completes  the information  regarding  their other  jurisdiction,                                                               
the   division  can   provide  the   information  to   the  other                                                               
jurisdiction, but it  does not have authority  to actually cancel                                                               
that registration.                                                                                                              
                                                                                                                                
2:09:04 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  pointed to the criminal  penalties, recognizing the                                                               
notion  that people  have  a  right to  register  in  all of  the                                                               
states,  but  can vote  in  only  one  state.   Those  folks,  he                                                               
commented, are  on the margins  of engaging in  criminal behavior                                                               
and  there is  no  need to  have some  form  that protects  their                                                               
ability to register, and this amendment re-enforces that issue.                                                                 
                                                                                                                                
2:09:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN referred  to  military  families and  the                                                               
fact  that they  move  often, and  advised  that the  legislature                                                               
should make  clear Alaska's expectation of  the voter, especially                                                               
when discussing perjury.                                                                                                        
                                                                                                                                
 Under current statute, a person  "shall" provide information and                                                               
that  language   needs  to  be  reflected   consistently  on  the                                                               
registration  forms.   He then  paraphrased,  "that the  director                                                               
shall notify  the chief election's officer  in that jurisdiction"                                                               
and noted  that in some  instances only 21 states  were involved.                                                               
He  asked  whether  the  division  consistently  contacted  chief                                                               
election officers in all 50 states.                                                                                             
                                                                                                                                
MS. BAHNKE  responded in  the affirmative,  and she  advised that                                                               
when  the  division  receives notification  from  a  registration                                                               
form, it contacts  that state regardless of  its affiliation with                                                               
the ERIC program.                                                                                                               
                                                                                                                                
2:12:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  related  that  this  amendment  basically                                                               
clears up the confusion, and  the committee could stay here until                                                               
August and argue about what the  division should do, and what the                                                               
language means, but  this amendment is clarifying  language.  She                                                               
referred to  the statement that  a person "You can  be registered                                                               
in  two  jurisdictions, that  you  can't  just vote,  and  that's                                                               
perfectly  legal" and  commented that  all of  these forms  state                                                               
that  the person  must report  that  they are  not registered  in                                                               
another  jurisdiction.    Representative  Ledoux  pointed  out  a                                                               
certain amount of mens rea is  involved here and simply because a                                                               
voter forgot to  fill out the cancelation or tried  to cancel and                                                               
it didn't work out, that they  would be prosecuted for fraud, and                                                               
it doesn't necessarily mean it is legal.                                                                                        
                                                                                                                                
2:14:13 PM                                                                                                                    
                                                                                                                                
MS. BAKALAR responded  that this statute was written  in a manner                                                               
that  "tries  to  walk  that   line."    AS  15.07.030  seems  to                                                               
intentionally  exempt AS  15.05.010(4)  from its  scope, and  she                                                               
paraphrased as follows:  "or will have the  qualifications at the                                                               
succeeding election  is entitled to  be registered."   She opined                                                               
that  these two  statutes are  trying to  walk that  line between                                                               
prosecuting real  instances of fraud,  and not capturing  in that                                                               
net  those who  just forgot  to un-register  or do  not have  any                                                               
fraudulent intent  behind their voting practices.   She explained                                                               
that the overall theme of  the statutes are as follows: residency                                                               
in the  state, have an investment  in this state to  vote in this                                                               
state, and  a person  cannot duplicate vote.   She  remarked that                                                               
due  to  the  tight  schedules   and  timing  issues  around  the                                                               
elections, it is impossible to  capture a perfect snapshot in the                                                               
statute of  every moment in time  leading up to the  election, to                                                               
the act of voting,  and to the act of ballot  counting.  She said                                                               
she does  not think it is  clearly illegal to be  dual registered                                                               
for  the reasons  she just  discussed, but  she also  thought the                                                               
statutes  clearly  did not  contemplate  a  person registered  in                                                               
another  state  voting in  this  state,  and having  that  ballot                                                               
count.                                                                                                                          
                                                                                                                                
2:15:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX offered  a scenario  of someone  retaining                                                               
their voter registration  in Florida and also  registered to vote                                                               
in Alaska,  and the person  then decides  to vote in  the Florida                                                               
primary  because it  was a  more important  state in  the primary                                                               
election, and then votes in Alaska  in the general election.  She                                                               
asked whether that was legal.                                                                                                   
                                                                                                                                
2:16:22 PM                                                                                                                    
                                                                                                                                
MS.  BAKALAR answered  that she  did not  think that  was exactly                                                               
legal  and commented  that  this is  getting  a bit  complicated.                                                               
Essentially, she  reiterated, the  statutes currently  read under                                                               
AS 15.05.010, and paraphrased   as follows: "a person may vote at                                                               
any election who  is a citizen of the United  States, is 18 years                                                               
or  older, has  been  a  resident of  this  state  and the  house                                                               
district in which  the person seeks to vote for  at least 30 days                                                               
just before  the election."   She commented that this  bill would                                                               
change that, and continued paraphrasing,  "and (4) has registered                                                               
before  the election  as  required  under AS  15.07,  and is  not                                                               
registered to vote  in another jurisdiction."   This, she pointed                                                               
out  is the  issue of  timing she  had previously  discussed and,                                                               
presumably, if  they meet these  qualifications at the  time they                                                               
cast their  ballot, they  have cast  a valid  ballot.   Not every                                                               
statute,  she pointed  out,  can perfectly  catch  up with  every                                                               
moment in  time, but  the overall requirement  of the  statute is                                                               
that a  person is not supposed  to game the system  and vote from                                                               
state to  state within  the same election.   She  reiterated that                                                               
the  voter  is  supposed  to   meet  certain  constitutional  and                                                               
statutory residency requirements,  and of course a  person is not                                                               
ever   supposed  to   duplicate  vote   in  the   same  election.                                                               
Essentially,  she  remarked,  the   overall  theme  here  is  the                                                               
retention of  an investment  in Alaska, and  an intent  to remain                                                               
here under the residency statute.                                                                                               
                                                                                                                                
2:17:54 PM                                                                                                                    
                                                                                                                                
MS.  BAKALAR   referred  to  Representative   Eastman's  question                                                               
regarding  residency  and explained  that  a  reason the  statute                                                               
under AS 15.05.020, rules for  determining residence of voter, is                                                               
flexible is because Alaska does  have many transient folks moving                                                               
in and out including many  military families, and the person must                                                               
have  an intent  to remain  in Alaska.   She  described that  the                                                               
Alaska has one  of the "looser residency  requirements" for voter                                                               
residency for  that reason.  The  bottom line is that  the person                                                               
must meet constitutional and  statutory qualifications to legally                                                               
vote and  have their vote count,  and the statutes do  a fair job                                                               
of that already.                                                                                                                
                                                                                                                                
2:18:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX asked the length  of time between the voter                                                               
turning  in their  registration form,  and  the time  it took  to                                                               
cancel their registration.                                                                                                      
                                                                                                                                
MS. BAHNKE replied that it depends  upon the time of year because                                                               
the division  receives a  high volume of  applications at  the 30                                                               
day  cutoff date,  and the  division's priority  at that  time is                                                               
registering  people to  vote.   She  estimated that  it would  be                                                               
within 30 days for the process.                                                                                                 
                                                                                                                                
2:20:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX asked  Ms.  Bahnke to  affirm  that it  is                                                               
always within 30 days.                                                                                                          
                                                                                                                                
MS. BAHNKE related that she was  unaware of any instances when it                                                               
was longer  than 30  days, but  she would  have to  research that                                                               
question.                                                                                                                       
                                                                                                                                
2:20:54 PM                                                                                                                    
                                                                                                                                
BRIAN JACKSON, Elections Program  Manager, Division of Elections,                                                               
Office  of the  Lieutenant  Governor, advised  that the  division                                                               
runs  a  report   every  month  for  the   voters  identified  as                                                               
registered  in  another  state,   and  the  division  then  sends                                                               
notifications to the various states.   The process is run usually                                                               
around the third day of the month, each month, he explained.                                                                    
                                                                                                                                
2:21:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE LEDOUX  referred to  a person registering  to vote                                                               
30 days before the election, and  said that if the report was run                                                               
once a month, there was a good  chance the time it would take for                                                               
the division  to send the  information to the  other jurisdiction                                                               
and the other  jurisdiction to un-register that  person, the time                                                               
period may be longer than 30 days.                                                                                              
                                                                                                                                
MR. JACKSON acknowledged there was  the possibility of that delay                                                               
for the un-registration in the other jurisdiction.                                                                              
                                                                                                                                
2:22:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD  offered  concern  that the  fear  of  a                                                               
misdemeanor  and perjury  for oil  and  gas employees,  transient                                                               
people, and  snowbirds was  "freaking me  out," and  requested an                                                               
explanation of the perjury situation  and whether the misdemeanor                                                               
was a class A or B.                                                                                                             
                                                                                                                                
MS.  BAKALAR reiterated  that would  be a  determination for  the                                                               
Criminal Division of the Department  of Law to make upon referral                                                               
by  the  Division  of  Elections   when  it  suspects  fraudulent                                                               
conduct.   Again, she said,  these prosecutions are rare  and she                                                               
could  think of  possibly  two or  three times  a  year when  the                                                               
division had  contacted the Civil  Division of the  Department of                                                               
Law   advising  that   something   may  be   up  with   duplicate                                                               
registration or  voter, or petition  of fraud, so forth,  and the                                                               
information  forwarded  to   Criminal  Division  to  investigate.                                                               
Under Title 15.56  there are a series of election  crimes, and in                                                               
addition to  the standard  perjury there  is voter  misconduct in                                                               
the  first and  second  degree.   She  opined  that first  degree                                                               
misconduct  is  a   class  C  felony  and   second  degree  voter                                                               
misconduct  is  a  class  A misdemeanor.    She  explained  that,                                                               
relevant to this  discussion, the statute provides  that a person                                                               
commits the  crime of  voter misconduct in  the second  degree if                                                               
the person registers  to vote without being  entitled to register                                                               
under AS 15.07.030,  and the statute goes on to  include a couple                                                               
of other  things as well.   Registering to vote when  a person is                                                               
not  entitled to  register  is  a class  A  misdemeanor, but  the                                                               
Criminal  Division should  verify this  information.   Again, she                                                               
said, there  must be a  mens rea intent  element as opposed  to a                                                               
forgetful senior having accidentally  voted twice, especially due                                                               
to the  absentee ballot and  the time lapse between  absentee and                                                               
poll voting, or a  neglected registration, duplicate registration                                                               
or  something similar.   Again,  she said,  an element  of malice                                                               
must be present for a criminal prosecution under this scenario.                                                                 
                                                                                                                                
2:26:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  REINBOLD said  she definitely  believes that  the                                                               
committee should  include "with the intention  to commit perjury"                                                               
or  something similar  so people  do not  accidentally end  up in                                                               
trouble.  She  referred to Amendment 1, page 1,  lines 5-6, which                                                               
read as follows:                                                                                                                
                                                                                                                                
          (b)  ...  the  director   will  notify  the  chief                                                                
     elections  officer  in  that   jurisdiction.    If  the                                                                
     applicant  has been  previously registered  to vote  in                                                                    
     another  jurisdiction, the  director  shall notify  the                                                                    
     chief elections  officer in that jurisdiction  that the                                                                    
     applicant has registered to vote  in Alaska and request                                                                    
     that  that jurisdiction  cancel  the applicant's  voter                                                                    
     registration there."                                                                                                       
                                                                                                                                
REPRESENTATIVE REINBOLD commented that  this language may produce                                                               
a labor  intensive workload  because one  thousand people  in her                                                               
district move in  and out every election, and her  district has a                                                               
high turnout.  She related that  she would think this would cause                                                               
a significant fiscal  note, either for the Department  of Law for                                                               
the prosecutions or the Division of Elections.                                                                                  
                                                                                                                                
MS.  BAKALAR  responded  that  without  consulting  the  Criminal                                                               
Division  she could  not  speak  to the  fiscal  note that  could                                                               
attach.    Again,  she  said,   prosecutions  in  this  area  are                                                               
infrequent, and  based upon past experience  she wouldn't imagine                                                               
it would  be a large  Department of Law fiscal  note.  As  far as                                                               
the division's fiscal note she deferred to Mr. Jackson.                                                                         
                                                                                                                                
2:28:58 PM                                                                                                                    
                                                                                                                                
MR. JACKSON referred  to the amendment and said he  was unsure it                                                               
would  be "a  whole lot  more work  on the  division," since  the                                                               
division already  notifies the chief elections  officers in other                                                               
jurisdictions  for  those  applicants  who  indicated  they  were                                                               
registered in another jurisdiction.                                                                                             
                                                                                                                                
REPRESENTATIVE  REINBOLD  said  "So,   don't  come  back  with  a                                                               
supplemental."                                                                                                                  
                                                                                                                                
2:30:25 PM                                                                                                                    
                                                                                                                                
MS.  BAHNKE pointed  out that  the division  did not  receive the                                                               
amendment until  arriving at  the meeting  this afternoon  and it                                                               
had  not  had  an  opportunity  to fully  vet  the  fiscal  note,                                                               
although, the committee does have  a second version, draft fiscal                                                               
note.   Within the  original version  of HB  1, explained  in the                                                               
fiscal note,  there were  programming costs  to change  the voter                                                               
registration and  election management  system to  accommodate for                                                               
electronic  signatures.   The  fiscal note  was  zeroed out,  she                                                               
explained, due to resolving the  electronic signature issue.  She                                                               
advised  that the  division worked  closely with  the sponsor  of                                                               
this  bill, it  provided  a detailed  bill  analysis, there  were                                                               
several internal  meetings within the division,  and it continues                                                               
to  work  with the  sponsor  and  staff  in moving  through  this                                                               
process.   She pointed  to Amendment 1,  and reiterated  they had                                                               
not had  a chance to  fully evaluate  whether it would  require a                                                               
fiscal note, but  as Mr. Jackson indicated it  would probably not                                                               
if it  was in  line with  the division's  current process  in its                                                               
course of business.                                                                                                             
                                                                                                                                
2:31:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN asked how  voters were able to un-register                                                               
when moving out-of-state.                                                                                                       
                                                                                                                                
MS.    BAHNKE    explained   that    a    voter    can   go    to                                                               
voterregistration.Alaska.gov and change their information.                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN surmised there was  a place on the website                                                               
to mark which would un-register them from the State of Alaska.                                                                  
                                                                                                                                
MS. BAHNKE answered in the affirmative.                                                                                         
                                                                                                                                
2:32:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked the  process  of  the Division  of                                                               
Elections to communicate that information to other states.                                                                      
                                                                                                                                
MS.  BAHNKE  answered that  letters  are  directed to  the  other                                                               
states that include the name  of the voter, and other identifiers                                                               
that were provided  by the voter, and the  division also receives                                                               
letters from other states.                                                                                                      
                                                                                                                                
MS. BAHNKE,  in response to  Representative Eastman,  pointed out                                                               
that  as  Mr.  Jackson  had previously  indicated,  the  division                                                               
forwards  correspondence on  a monthly  basis,  and the  division                                                               
receives  information from  other states  approximately once  per                                                               
week to once per month, it varies.                                                                                              
                                                                                                                                
2:34:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked whether  the division  needed time                                                               
to vet the fiscal note.                                                                                                         
                                                                                                                                
MS.  BAHNKE  replied that,  currently,  it  did not  appear  that                                                               
additional time was necessary.                                                                                                  
                                                                                                                                
REPRESENTATIVE  REINBOLD asked  whether the  DOL and  Division of                                                               
Elections supports this amendment.                                                                                              
                                                                                                                                
MS. BAHNKE responded, "We have no objection to the amendment."                                                                  
                                                                                                                                
2:34:35 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   MILLETT  surmised   that  with   Chair  Claman's                                                               
amendment, the language  would read, "I am registered  to vote in                                                               
another state, cancel my registration" on every form.                                                                           
                                                                                                                                
[No audible response.]                                                                                                          
                                                                                                                                
2:34:52 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN offered  a conceptual  amendment that  he                                                               
said  would   speak  to  the   form  itself,   wherein  currently                                                               
information was  required if  a person  was registered  in Texas,                                                               
for example.   Although,  he commented, in  the event  the person                                                               
did  not fill  out  that information,  the  division would  still                                                               
process  the information  and registration  as though  the person                                                               
had a  Texas voter registration.   He then referred  to Amendment                                                               
1, page 1,  lines 4-5, and suggested deleting the  word "for" and                                                               
inserting  the  word  "requiring,"   which  would  then  read  as                                                               
follows:                                                                                                                        
                                                                                                                                
            (b) Every registration form must include                                                                        
       space requiring an applicant who is registered in                                                                    
     another jurisdiction to specify ...                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN opined  that the language would  put it in                                                               
line  with current  statutes requiring  that information,  and it                                                               
would  signal  to  the  division  that  the  legislature  clearly                                                               
required  that  information, and  that  it  was not  an  optional                                                               
question due to legal implications and perjury.                                                                                 
                                                                                                                                
2:36:49 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR   FANSLER  asked  Chair   Claman's  thoughts   as  to                                                               
Conceptual Amendment 1 to Amendment 1.                                                                                          
                                                                                                                                
CHAIR CLAMAN  said that  while he  appreciates the  spirit within                                                               
which  Representative  Eastman  proposed this  amendment,  except                                                               
part of his intent in creating  the amendment was to not add more                                                               
requirements  onto  Alaska's  citizens.    He  related  that  any                                                               
rational citizens would provide  that information, the word "for"                                                               
gets us there.                                                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN  explained that  he was not  interested in                                                               
adding  any new  requirements,  this  conceptual amendment  would                                                               
make clear  that within current  statute the division  is already                                                               
required to provide that information.   He opined that by leaving                                                               
the word "for"  it left the question open  to interpretation, and                                                               
if voters  had not  read the other  requiring statutes,  they may                                                               
think it was optional, and it is not optional.                                                                                  
                                                                                                                                
2:37:53 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  referred to  the current  form, and  paraphrased as                                                               
follows: "They are swearing that  they are not registered to vote                                                               
in another  state, or  they have  provided information  to cancel                                                               
that  registration."     Therefore,   he  said,  with   the  word                                                               
"required,"  the forms  would have  to  be changed  even more  in                                                               
addition to the asterisks  depicting confidential information, it                                                               
would require  another signal advising,  "This is required."   He                                                               
related that the  current form works well, and his  intent was to                                                               
simply keep  the language uniform  across the various forms.   He                                                               
offered  concern that  "requiring" ups  the ante  in some  manner                                                               
that would result  in an unintended consequence, and  he does not                                                               
support Conceptual Amendment 1 to Amendment 1.                                                                                  
                                                                                                                                
2:39:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Conceptual  Amendment 1 to                                                               
Amendment 1.                                                                                                                    
                                                                                                                                
[CHAIR CLAMAN objected within his explanation of non-support.]                                                                  
                                                                                                                                
2:39:29 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT  opined  that this  conceptual  amendment                                                               
would  be a  requirement  for the  people  registered in  another                                                               
jurisdiction to  un-register.  People  are confused,  she opined,                                                               
because  they  do not  read  the  statutes, and  this  conceptual                                                               
amendment  advises   the  voters   they  fulfilled   a  statutory                                                               
requirement.   The  language  would  be included  in  all of  the                                                               
relevant forms so  every voter understands that  a requirement of                                                               
Alaska  is   that  a   person  not   be  registered   in  another                                                               
jurisdiction, she said.                                                                                                         
                                                                                                                                
2:40:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX  pointed  out  that  the  language  within                                                               
Amendment 1 already states that  requirement, and simply requires                                                               
that the  division include language  on every relevant  form that                                                               
states:  "I'm registered  to  vote in  another  state, cancel  my                                                               
registration"  and that  the voter  certification states  "That I                                                               
provided -- that I'm not registered  to vote in another state, or                                                               
I've  provided information  to cancel  that  registration."   She                                                               
described that this discussion was  arguing about how Legislative                                                               
Legal  and Research  Services should  draft  this amendment,  and                                                               
commented  that   she  was  happy  with   its  current  drafting.                                                               
Amendment 1 requires the division  to put the language previously                                                               
discussed on the ballots, she  pointed out, and the committee was                                                               
at the place it wanted to  be because it requires the division to                                                               
put "all of this stuff" on the ballots.                                                                                         
                                                                                                                                
2:41:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS asked  Ms. Bakalar,  in the  event                                                               
this  conceptual  amendment  potentially made  the  language  and                                                               
understanding  of  current  laws more  parallel  and  consistent,                                                               
whether the Department of Law shared that perspective.                                                                          
                                                                                                                                
MS. BAKALAR agreed that this  is a draftsmanship question and the                                                               
manner  in which  Legislative Legal  and  Research Services  goes                                                               
about creating  consistency in  the statutes.   The  statute does                                                               
state,  "Every  registration  form  must  include  space  for  an                                                               
applicant who  is registered in  another jurisdiction  to specify                                                               
that jurisdiction."   [Ms. Bakalar  emphasized the  word "must."]                                                               
In the  event the  committee changed the  language from  "for" to                                                               
"requiring,"  it may  imply  that  the form  could  or should  be                                                               
rejected by  the division for  failure to have that  piece filled                                                               
out.  As far as  consistency, for example, "director will notify"                                                               
rather  than "shall"  but then  the next  sentence has  "shall" -                                                               
these  are draftsmanship  questions.   She noted  that each  time                                                               
there is  an effort to  implement a  statute, no matter  how many                                                               
times  the  bill  was  heard   and  discussed,  often  there  was                                                               
misinterpretation, and the goal here  is to minimize that and not                                                               
eliminate it  entirely.  She  then deferred to  Legislative Legal                                                               
and  Research  Services  as  to  how that  happens  in  a  manner                                                               
consistent with drafting conventions.                                                                                           
                                                                                                                                
2:43:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD said she  supports Conceptual Amendment 1                                                               
to Amendment  1 because the  state needs to  do its part  to make                                                               
certain  that citizens  are informed  they may  be at  risk of  a                                                               
misdemeanor  or  committing  perjury.   She  asked  whether  this                                                               
conceptual  amendment would  have a  fiscal impact  due to  forms                                                               
being changed.                                                                                                                  
                                                                                                                                
MS.  BAHNKE reiterated  that  the division  is  currently in  the                                                               
process of revising its forms, and  the effective date of HB 1 is                                                               
1/1/2018.   Therefore,  she said,  the division  could make  this                                                               
change  to  make it  consistent  across  the  board which  is  an                                                               
administrative activity which would not require a fiscal note.                                                                  
                                                                                                                                
2:46:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD  asked for  verification that  Ms. Bahnke                                                               
would require zero money.                                                                                                       
                                                                                                                                
MS.  BAHNKE reiterated  that the  division has  no opposition  to                                                               
this  amendment, however,  division will  evaluate the  amendment                                                               
and revise it prior to the  next committee of referral.  She said                                                               
that in  receiving the amendment  at this hearing and  not having                                                               
an  opportunity to  thoroughly evaluate  she was  not willing  to                                                               
definitively state the fiscal note would not be revised.                                                                        
                                                                                                                                
2:48:24 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN maintained his objection.                                                                                          
                                                                                                                                
REPRESENTATIVE  EASTMAN said  that  in his  capacity  as a  voter                                                               
registrar, people  have asked  what information  on the  form was                                                               
required.   This conceptual amendment  adds clarity on  the voter                                                               
registration application form, question  14, by making clear that                                                               
the information is required, with  an identifier to indicate that                                                               
a  certain  question  was  optional,  which  the  division  could                                                               
accomplish during its next iteration of  forms.  He said he would                                                               
like  to hear  from the  director  that "that's  what's going  to                                                               
happen."                                                                                                                        
                                                                                                                                
2:50:11 PM                                                                                                                    
                                                                                                                                
MS.  BAHNKE  answered  that  everything  included  on  the  voter                                                               
registration   application  is   required,   and  each   asterisk                                                               
indicates the items to be  kept confidential.  Under current law,                                                               
the  only confidential  information that  may not  be necessarily                                                               
included  on the  form  is the  person's  entire social  security                                                               
number because the division requires  only the last four numbers,                                                               
she said.                                                                                                                       
                                                                                                                                
VICE CHAIR FANSLER urged Representative  Eastman to work with the                                                               
Division of Elections during its revision process.                                                                              
                                                                                                                                
2:51:09 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  MILLETT   referred  to  the   voter  registration                                                               
application,  question  8,  noting  that the  following  was  not                                                               
required and paraphrased as follows:  "I am interested in serving                                                               
as an  election official.  And,  question 9, to add  your daytime                                                               
phone number,  evening phone number,  and email."  She  said that                                                               
she guessed  that was the confusion  of what is required  and not                                                               
required.  However,  "not being not registered  in another state"                                                               
is required,  and Representative Eastman's point  was to indicate                                                               
what is and  is not required, she reiterated,  and the conceptual                                                               
amendment adds clarity to the voter registration application.                                                                   
                                                                                                                                
VICE  CHAIR FANSLER  reiterated  that many  of  these good  ideas                                                               
could be worked out with the Division of Elections.                                                                             
                                                                                                                                
REPRESENTATIVE  MILLETT commented  that this  is a  good time  to                                                               
have these conversations.                                                                                                       
                                                                                                                                
REPRESENTATIVE REINBOLD said she had a ten second comment.                                                                      
                                                                                                                                
2:53:38 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN called for the question.                                                                                           
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
VICE CHAIR  FANSLER called for a  roll call vote on  the call for                                                               
the question.                                                                                                                   
                                                                                                                                
2:54:02 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Kreiss-Tomkins,                                                               
LeDoux,  Fansler,  and Claman  voted  in  favor  of the  call  to                                                               
question.   Representatives Eastman, Reinbold, and  Millett voted                                                               
against it.   Therefore, the  call for  the question passed  by a                                                               
vote of 4-3.                                                                                                                    
                                                                                                                                
2:54:28 PM                                                                                                                    
                                                                                                                                
VICE  CHAIR  FANSLER  advised  that the  next  vote  was  whether                                                               
Conceptual  Amendment 1  to Amendment  1 should  be adopted,  and                                                               
that the committee was under a call for the question.                                                                           
                                                                                                                                
2:54:44 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.   Representatives Eastman, Reinbold,                                                               
and  Millett  voted  in  favor  of  the  adoption  of  Conceptual                                                               
Amendment  1 to  Amendment  1.   Representatives  Kreiss-Tomkins,                                                               
LeDoux,  Fansler,  and  Claman  voted  against  it.    Therefore,                                                               
Conceptual Amendment 1  to Amendment 1 failed to be  adopted by a                                                               
vote of 3-4.                                                                                                                    
                                                                                                                                
VICE  CHAIR  FANSLER,  in response  to  Representative  Millett's                                                               
previous comment, agreed this is  the appropriate time to discuss                                                               
amendments and that it is  fully appropriate to discuss revisions                                                               
with  the division  during its  revision  process, he  guaranteed                                                               
that every member would have an opportunity to speak.                                                                           
                                                                                                                                
2:55:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE REINBOLD called for a  point of order, and advised                                                               
that  Mason's Manual  specifically states  that members  have the                                                               
ability to  have their  voices heard and  to sway  other members.                                                               
She said that  if the legislature requires the  email and address                                                               
[during  the  registration  process],  the  division  would  more                                                               
likely be able  to contact the voters.  She  stated that this was                                                               
an important point  and she was denied making her  comment out of                                                               
rushing, and "hurry up and waste time."                                                                                         
                                                                                                                                
2:56:31 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER  ruled on the point of order  and explained to                                                               
Representative Reinbold that when she  had asked to comment there                                                               
was an  immediate "call to  question," which the  committee voted                                                               
in  favor, thereby  cutting off  debate.   He  stressed that  the                                                               
committee  followed proper  Mason's  Manual  procedure by  moving                                                               
straight to the call for the question and voting, he explained.                                                                 
                                                                                                                                
2:57:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  moved to adopt Conceptual  Amendment 2 to                                                               
Amendment  1, and  explained that  it  clarified the  expectation                                                               
that  Alaska perform  its part  in  providing voter  registration                                                               
information to  the other states.   He explained  that Conceptual                                                               
Amendment 2 adds  the last sentence to Amendment 1,  page 1, line                                                               
10, to read as follows:                                                                                                         
                                                                                                                                
       The director shall solicit information from other                                                                        
     jurisdictions concerning registered Alaskan voters who                                                                     
     have registered as voters in those jurisdictions.                                                                          
                                                                                                                                
REPRESENTATIVE  EASTMAN explained  that the  conceptual amendment                                                               
speaks to  the fact  that the  legislature is  aware Alaska  is a                                                               
transit state and this conceptual  amendment makes that situation                                                               
clear and  places it  in the same  statute that  discusses "those                                                               
other  jurisdictions," and  what the  legislature expects  of the                                                               
Alaska Division of Elections.                                                                                                   
                                                                                                                                
2:59:19 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN objected  to Conceptual Amendment 2  to Amendment 1,                                                               
and explained  that this is an  instance in which he  100 percent                                                               
agrees  with Representative  Reinbold's comment  about unintended                                                               
financial  consequences.     Chair  Claman  disagreed   that  the                                                               
legislature should  require the  Division of Elections,  in these                                                               
fiscal  times,  to go  forward  and  solicit information  without                                                               
advising  exactly  what  information,  how much  time,  how  much                                                               
money,  how many  resources, and  how many  employees to  hire to                                                               
solicit this  information from other jurisdictions.   Especially,                                                               
he  advised,  with  no  knowledge  as to  whether  or  not  those                                                               
jurisdictions   would  even   give  the   division  any   of  the                                                               
information.   The framework  under which  the division  would be                                                               
compelled and the  language, may even suggest  that this language                                                               
requires the  department to go  forth and file lawsuits  in other                                                               
states  and require  that the  other states  provide information.                                                               
Thereby,  he  pointed  out,  costing   millions  of  dollars  for                                                               
Alaskans  because  under  this  conceptual  amendment,  the  word                                                               
"shall" is  unclear how it would  be applied.  He  stated that he                                                               
strongly  objects  to  Conceptual  Amendment  2  to  Amendment  1                                                               
because  it puts  both a  workload  burden on  the division,  and                                                               
likely  a financial  burden in  performing  what this  conceptual                                                               
amendment suggests.                                                                                                             
                                                                                                                                
3:00:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX commented  that  she  doesn't follow  this                                                               
conceptual amendment,  and surmised  that a person  is registered                                                               
in Alaska  but was  registered in Texas,  and the  legislature is                                                               
supposed to be asking the Division  of Elections to find out what                                                               
information from these other jurisdictions.                                                                                     
                                                                                                                                
REPRESENTATIVE EASTMAN  responded that  the director  had advised                                                               
that the  division receives information from  other jurisdictions                                                               
regarding  registered voters  who  leave Alaska  and register  in                                                               
another state.   This conceptual  amendment would not  change the                                                               
current   process,  rather   it  puts   into  statute   that  the                                                               
legislature expects that process to  continue, and it expects the                                                               
division   to  continue   to  collaborate   in  the   sharing  of                                                               
information with  other states  in removing  the names  of voters                                                               
who have left the state.                                                                                                        
                                                                                                                                
3:02:16 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KREISS-TOMKINS  asked the  director to  respond to                                                               
the  marginal   value  of  the  potential   additional  statutory                                                               
language relative to  the division's current process.   Alaska is                                                               
a member of  the ERIC project involving  information sharing, and                                                               
he  asked  whether  Conceptual   Amendment  2  would  prompt  the                                                               
division to  do anything it  is not already  accomplishing, would                                                               
it  merely enshrine  and codify  the division's  current process,                                                               
and what would be the impact  of this conceptual amendment on the                                                               
division.                                                                                                                       
                                                                                                                                
MS. BAHNKE  noted that  Conceptual Amendment  2 implies  that the                                                               
director   would   directly   solicit  information   from   other                                                               
jurisdictions, and  she asked the definition  of "jurisdictions."                                                               
She explained that  for the purpose of  conducting elections, the                                                               
State  of Alaska  is divided  into four  different jurisdictions,                                                               
and  asked whether  jurisdiction means  across regions  or across                                                               
states.                                                                                                                         
                                                                                                                                
3:03:46 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KREISS-TOMKINS  said  that  perhaps  the  greater                                                               
clarity  on the  meaning of  jurisdiction would  be helpful,  and                                                               
asked  whether  the intent  of  this  conceptual amendment  would                                                               
prompt  the  division  into doing  anything  beyond  its  current                                                               
process.                                                                                                                        
                                                                                                                                
MS.  BAHNKE  commented that  the  language,  "The director  shall                                                               
solicit the information,"  is unclear as to whether  it meant the                                                               
division would instigate some sort  of mailing to other states on                                                               
an annual  or bi-annual basis.   Currently, she said,  that takes                                                               
place  on a  per occurrence  basis  such that  when the  division                                                               
hears from a voter, it then  contacts the affected state on an as                                                               
needed schedule.                                                                                                                
                                                                                                                                
3:05:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN answered  that "jurisdictions" means other                                                               
states, and  matches the voter registration  application question                                                               
14.   He  requested and  explanation  of the  current process  to                                                               
invite  other   states  to  advise   when  Alaskan   voters  have                                                               
registered in  their state,  thereby taking  them off  the Alaska                                                               
voter registration list.                                                                                                        
                                                                                                                                
MS.  BAKALAR  responded that  in  addition  to the  ERIC  project                                                               
matching  with other  states,  and  the once  a  month check  Mr.                                                               
Jackson   previously  referred,   the   division   has  a   voter                                                               
registration list  maintenance process  under AS 15.07.130.   The                                                               
statute provides that periodically, during  the times of the year                                                               
the director so  chooses but not less than January  of each year,                                                               
the director will examine the  master list and notify the various                                                               
voters  who have  returned mail,  or who  have not  contacted the                                                               
division.   Contact, she explained,  is defined in  various ways,                                                               
those  who have  not  voted  or appeared  to  vote,  or signed  a                                                               
petition, and such.  Periodically,  the division looks into death                                                               
notices,  new  registrations,  and  it  then  sends  out  various                                                               
postcards,  and  performs voter  roll  clean-up  in that  manner.                                                               
Therefore,  she pointed  out,  in addition  to  the once  monthly                                                               
check with the  other states, there is this  minimum annual voter                                                               
registration maintenance list under current statute.                                                                            
                                                                                                                                
3:07:23 PM                                                                                                                    
                                                                                                                                
The committee recessed  to a call of the chair  3:07 p.m. to 4:33                                                               
p.m.                                                                                                                            
                                                                                                                                
4:33:02 PM                                                                                                                    
                                                                                                                                
CHAIR MATT  CLAMAN called the House  Judiciary Standing Committee                                                             
meeting  back  to order  at  4:33  p.m. Representatives  Eastman,                                                               
Kreiss-Tomkins, Fansler, and  Claman were present at  the call to                                                               
order.   Representative  LeDoux  arrived as  the  meeting was  in                                                               
progress.                                                                                                                       
                                                                                                                                
4:33:18 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  returned the  committee  to  the motion  to  adopt                                                               
Conceptual Amendment  2 to Amendment  1, and passed the  gavel to                                                               
Vice Chair Fansler.                                                                                                             
                                                                                                                                
4:33:36 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER reminded  the  committee that  Conceptual                                                               
Amendment 2 to  Amendment 1, page 1, line 10,  inserts a sentence                                                               
as follows:                                                                                                                     
                                                                                                                                
       The director shall solicit information from other                                                                        
     jurisdictions concerning registered Alaskan voters who                                                                     
     have registered as voters in those jurisdictions.                                                                          
                                                                                                                                
4:34:20 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  reminded the committee that  his question                                                               
to  the  division  asked  the  division's  current  practice  [in                                                               
contacting other  states] with his  goal that the  state continue                                                               
to perform its  part [with other jurisdictions].   He opined this                                                               
would be the best place in  the statutes to instruct the division                                                               
to continue [its process].                                                                                                      
                                                                                                                                
CHAIR CLAMAN maintained his objection.                                                                                          
                                                                                                                                
4:35:15 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative Eastman  voted in                                                               
favor of the  adoption of Conceptual Amendment 2  to Amendment 1.                                                               
Representatives  Fansler,  Kreiss-Tomkins, Claman  voted  against                                                               
it.  Therefore,  Conceptual Amendment 2 to Amendment  1 failed by                                                               
a vote of 1-3.                                                                                                                  
                                                                                                                                
4:35:58 PM                                                                                                                    
                                                                                                                                
VICE CHAIR FANSLER returned the  committee to the motion to adopt                                                               
unamended Amendment 1.                                                                                                          
                                                                                                                                
4:36:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN referred  to Amendment  1, and  described                                                               
that  the   language  being  put   into  statute   advises  every                                                               
registering  voter  that  the  director  will  notify  the  chief                                                               
elections officer in their relevant  jurisdiction [that the voter                                                               
was now  registered in Alaska].   He  opined that is  the current                                                               
practice  and the  language  would not  necessarily  lead to  any                                                               
particular changes.                                                                                                             
                                                                                                                                
CHAIR CLAMAN  referred to previous  testimony, and  answered that                                                               
Amendment  1,  directs the  Division  of  Elections and  not  the                                                               
voters,  to make  minor changes  in the  current division  forms,                                                               
consistent  with  its  current  efforts so  that  the  forms  are                                                               
appropriately adjusted  to reflect current reality.   Amendment 1                                                               
would  not  reinforce the  status  quo  because areas  have  been                                                               
identified  in  which  the  status   quo  was  not  adequate,  he                                                               
explained.                                                                                                                      
                                                                                                                                
4:37:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN referred to Amendment  1, page 1, lines 5-                                                               
6, which read as follows:                                                                                                       
                                                                                                                                
               (b)  ... registered  in another  jurisdiction                                                                
     to  specify that  jurisdiction and  a  notice that  the                                                                
     director  will notify  the chief  elections officer  in                                                                
     that jurisdiction.                                                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN remarked  the language  on the  form puts                                                               
forward a  notice to voters  that the director will  notify chief                                                               
election officers in other states,  and he asked for verification                                                               
that the language was new language.                                                                                             
                                                                                                                                
4:38:08 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  reminded   Representative  Eastman,  as  discussed                                                               
extensively prior to the recess to  a call of the chair, the goal                                                               
is  to  place  the  language   contained  in  voter  registration                                                               
application question 14  into all relevant forms.   He added that                                                               
the division testified  that the manner in which  the language is                                                               
phrased in question 14, would appear on all relevant forms.                                                                     
                                                                                                                                
REPRESENTATIVE  EASTMAN argued  that all  he saw  on the  current                                                               
registration  form  was, "I  am  registered  to vote  in  another                                                               
state,  cancel  my  registration,"  and Amendment  1  includes  a                                                               
notice that the director will  notify the chief elections officer                                                               
in that  jurisdiction.  Therefore,  if this amendment  passed, he                                                               
expected there  would be new language  in question 14, as  to the                                                               
chief elections  officer for whatever  state being  notified that                                                               
the voter is "doing this act or something similar."                                                                             
                                                                                                                                
CHAIR CLAMAN said that the  questions were asked of the division,                                                               
it answered his questions completely,  he would not speak for the                                                               
division, and said, "I can't add more."                                                                                         
                                                                                                                                
4:40:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LEDOUX withdrew  her objection.   There  being no                                                               
objection, Amendment 1 was adopted.                                                                                             
                                                                                                                                
[VICE CHAIR FANSLER passed the gavel back to Chair Claman.]                                                                     
                                                                                                                                
4:41:10 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN   brought  amended   HB  1  before   the  committee                                                               
commenting there had been a  tremendous amount of discussion, and                                                               
asked for final comments.                                                                                                       
                                                                                                                                
4:41:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  FANSLER  moved  to   report  HB  1,  Version  30-                                                               
LS0070\U.3,  as   amended,  out  of  committee   with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVE EASTMAN objected.                                                                                                
                                                                                                                                
4:42:11 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.   Representatives  Kreiss-Tomkins,                                                               
LeDoux, Fansler, and  Claman voted in favor of the  passage of HB                                                               
1,  as  amended.    Representative   Eastman  voted  against  it.                                                               
Therefore,  HB 1(JUD)  was reported  out of  the House  Judiciary                                                               
Standing Committee by a vote of 4-1.                                                                                            
                                                                                                                                
4:43:49 PM                                                                                                                    
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no further business before the committee, the House                                                                 
Judiciary Standing Committee meeting was adjourned at 4:43 p.m.                                                                 

Document Name Date/Time Subjects
SB100 ver A 4.17.17.PDF HJUD 4/17/2017 1:00:00 PM
SB 100
SB100 Sponsor Statement 4.17.17.pdf HJUD 4/17/2017 1:00:00 PM
SB 100
SB100 Sectional Analysis ver A 4.17.17.pdf HJUD 4/17/2017 1:00:00 PM
SB 100
SB100 Supporting Document-Letters and Resolutions 4.17.17.pdf HJUD 4/17/2017 1:00:00 PM
SB 100
SB100 Additional Document-Benintendi Legislative History 4.17.17.pdf HJUD 4/17/2017 1:00:00 PM
SB 100
SB100 Fiscal Note CCED-DCRA 4.17.17.pdf HJUD 4/17/2017 1:00:00 PM
SB 100
HB001 ver U 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Sponsor Statement 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Memo of Changes 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-PEW Report 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-Voting Information and Statistics 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-Letters of Support 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Supporting Document-Letter Alaska Community Action on Toxics 4.14.17.pdf HJUD 4/14/2017 1:00:00 PM
HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Amendment #1 4.17.17.pdf HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Fiscal Note OOG-DOE 4.17.17.pdf HJUD 4/17/2017 1:00:00 PM
HB 1
HB001 Additional Document-Division of Elections Reply to House Judiciary Committee Questions 4.21.17.pdf HJUD 4/17/2017 1:00:00 PM
HB 1