04/20/2022 01:00 PM Senate JUDICIARY
| Audio | Topic |
|---|---|
| Start | |
| SB39 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 39 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 20, 2022
1:07 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
Senator Robert Myers (via Teams)
Senator Jesse Kiehl
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
SENATE BILL NO. 39
"An Act relating to elections; relating to voter registration;
relating to ballots and a system of tracking and accounting for
ballots; establishing an election offense hotline; designating
as a class A misdemeanor the collection of ballots from other
voters; designating as a class C felony the intentional opening
or tampering with a sealed ballot, certificate, or package of
ballots without authorization from the director of the division
of elections; and providing for an effective date."
- MOVED CSSB 39(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: SB 39
SHORT TITLE: BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
SPONSOR(s): SENATOR(s) SHOWER
01/25/21 (S) PREFILE RELEASED 1/15/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) STA, JUD
01/26/21 (S) STA AT 3:30 PM BUTROVICH 205
01/26/21 (S) -- MEETING CANCELED --
01/28/21 (S) STA AT 3:30 PM BUTROVICH 205
01/28/21 (S) Heard & Held
01/28/21 (S) MINUTE(STA)
02/02/21 (S) STA AT 3:30 PM BUTROVICH 205
02/02/21 (S) Heard & Held
02/02/21 (S) MINUTE(STA)
02/09/21 (S) STA AT 3:30 PM BUTROVICH 205
02/09/21 (S) Scheduled but Not Heard
02/11/21 (S) STA AT 3:30 PM BUTROVICH 205
02/11/21 (S) Heard & Held
02/11/21 (S) MINUTE(STA)
02/16/21 (S) STA AT 3:30 PM BUTROVICH 205
02/16/21 (S) Heard & Held
02/16/21 (S) MINUTE(STA)
02/18/21 (S) STA AT 3:30 PM BUTROVICH 205
02/18/21 (S) -- MEETING CANCELED --
02/25/21 (S) STA AT 3:30 PM BUTROVICH 205
02/25/21 (S) Heard & Held
02/25/21 (S) MINUTE(STA)
03/16/21 (S) STA AT 3:30 PM BUTROVICH 205
03/16/21 (S) Heard & Held
03/16/21 (S) MINUTE(STA)
03/18/21 (S) STA AT 3:30 PM BUTROVICH 205
03/18/21 (S) Scheduled but Not Heard
03/30/21 (S) STA AT 3:30 PM BUTROVICH 205
03/30/21 (S) Scheduled but Not Heard
04/01/21 (S) STA AT 3:30 PM BUTROVICH 205
04/01/21 (S) -- MEETING CANCELED --
04/08/21 (S) STA AT 3:30 PM BUTROVICH 205
04/08/21 (S) Scheduled but Not Heard
04/15/21 (S) STA AT 3:30 PM BUTROVICH 205
04/15/21 (S) Heard & Held
04/15/21 (S) MINUTE(STA)
04/20/21 (S) STA AT 3:30 PM BUTROVICH 205
04/20/21 (S) -- MEETING CANCELED --
04/21/21 (S) STA WAIVED PUBLIC HEARING NOTICE,RULE
23
04/22/21 (S) STA AT 3:30 PM BUTROVICH 205
04/22/21 (S) Heard & Held
04/22/21 (S) MINUTE(STA)
04/22/21 (S) STA AT 6:00 PM BUTROVICH 205
04/22/21 (S) Heard & Held
04/22/21 (S) MINUTE(STA)
05/04/21 (S) STA AT 3:30 PM BUTROVICH 205
05/04/21 (S) Moved CSSB 39(STA) Out of Committee
05/04/21 (S) MINUTE(STA)
05/07/21 (S) STA RPT CS 1DP 1DNP 2NR 1AM NEW TITLE
05/07/21 (S) DP: SHOWER
05/07/21 (S) DNP: KAWASAKI
05/07/21 (S) NR: COSTELLO, REINBOLD
05/07/21 (S) AM: HOLLAND
05/07/21 (S) JUD AT 1:30 PM BUTROVICH 205
05/07/21 (S) Heard & Held
05/07/21 (S) MINUTE(JUD)
05/08/21 (S) JUD AT 10:00 AM BUTROVICH 205
05/08/21 (S) Heard & Held
05/08/21 (S) MINUTE(JUD)
04/08/22 (S) JUD AT 1:30 PM BUTROVICH 205
04/08/22 (S) Heard & Held
04/08/22 (S) MINUTE(JUD)
04/11/22 (S) JUD AT 1:30 PM BUTROVICH 205
04/11/22 (S) Heard & Held
04/11/22 (S) MINUTE(JUD)
04/13/22 (S) JUD AT 1:30 PM BUTROVICH 205
04/13/22 (S) Heard & Held
04/13/22 (S) MINUTE(JUD)
04/18/22 (S) JUD AT 1:30 PM BUTROVICH 205
04/18/22 (S) Heard & Held
04/18/22 (S) MINUTE(JUD)
04/19/22 (S) JUD WAIVED PUBLIC HEARING NOTICE, RULE
23
04/20/22 (S) JUD AT 1:00 PM BUTROVICH 205
WITNESS REGISTER
MICHAELA THOMPSON, Administrative Operations Manager
Absentee & Petition Office
Division of Elections
Anchorage, Alaska
POSITION STATEMENT: Answered questions on amendments to SB 39.
ED KING, Staff
Senator Roger Holland
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained amendments to SB 39 on behalf of
the committee.
MATT ROE, Customer Development Lead
VotingWorks
Oakland, California
POSITION STATEMENT: Answered questions on commercial software
during the discussion of SB 39.
THOMAS FLYNN, Assistant Attorney General
Labor & State Affairs Section
Civil Division
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered legal questions on SB 39.
NOAH KLEIN, Attorney
Legislature Legal Counsel
Legislative Legal Services
Legislative Affairs Agency
Juneau, Alaska
POSITION STATEMENT: Answered legislative legal drafting
questions on SB 39.
ACTION NARRATIVE
1:07:36 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:07 p.m. Present at the call to
order were Senators Myers (via Teams), Hughes, Shower, and Kiehl
and Chair Holland.
SB 39-BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
1:08:18 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 39
"An Act relating to elections; relating to voter registration;
relating to ballots and a system of tracking and accounting for
ballots; establishing an election offense hotline; designating
as a class A misdemeanor the collection of ballots from other
voters; designating as a class C felony the intentional opening
or tampering with a sealed ballot, certificate, or package of
ballots without authorization from the director of the division
of elections; and providing for an effective date."
He noted that this was the seventh hearing in this committee; a
committee substitute (CS), Version D was adopted; and there were
several more amendments for the committee to consider. He asked
Senator Kiehl to offer Amendment 27, D.30.
1:08:48 PM
SENATOR KIEHL moved to adopt Amendment 27, work order 32-
LS0204\D.30.
32-LS0204\D.30
Ambrose/Klein
4/11/22
AMENDMENT 27
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 39(JUD), Draft Version "D"
Page 24, line 22, through page 25, line 2:
Delete all material and insert:
"* Sec. 50. AS 15.56.080(a) is amended to read:
(a) A person commits the crime of election
official misconduct in the second degree if while an
election official, and while the polls are open, the
person
(1) opens a ballot received from a voter at
an election, unless permitted by ordinance in a local
election;
(2) marks a ballot by folding or otherwise
so as to be able to recognize it;
(3) otherwise attempts to learn how a voter
marked a ballot; [OR]
(4) allows a person to do one of the acts
prescribed by (1), (2), or (3) of this subsection; or
(5) knowingly discloses, shares, or reports
to a person who is not an election official election
results, returns, or any confidential election data
before the polls close on election day."
Page 26, line 17:
Delete "AS 15.56.070(a)"
Insert "AS 15.56.080(a)"
1:08:51 PM
CHAIR HOLLAND objected for discussion purposes.
1:08:54 PM
SENATOR KIEHL explained that Amendment 27 would adjust the level
of the crime of election official misconduct in the second
degree from a class C felony to a class A misdemeanor for
disclosing election results or confidential election data. He
characterized this as similar to opening a ballot the official
was not allowed to open and less akin to making a false count.
1:09:50 PM
SENATOR SHOWER understood the intent of Amendment 27. However,
he stated he cannot support Amendment 27. He recalled that the
Division of Elections specifically stated that it would take 15
days to obtain the election results using ranked-choice voting.
He envisioned that maintaining confidentiality of election data
will be more important because it may take up to two weeks
before the election results are released. He emphasized the need
for stronger enforcement. He suggested not making the changes
incorporated in Amendment 27 until after the state sees how
ranked-choice voting works.
1:10:53 PM
SENATOR MYERS explained that the state will have early voting
for 15 days prior to the election. He recalled that when he
voted early, he placed his ballot into the envelope and dropped
it in a lock box. The Division of Elections subsequently unlocks
the lockbox.
He offered his view that the risks for disclosing ballots was
reduced because the absentee ballots wouldn't be counted a week
prior to the election date. However, he expressed concern that
someone will have access to these ballots.
1:11:46 PM
SENATOR SHOWER maintained his concern and the need for strong
penalties if anyone were to share this information.
1:12:22 PM
SENATOR HUGHES asked how this would work. She recalled that
preliminary results are reported on Election Day, once the polls
close. The Division of Elections subsequently provides updates
as absentees votes are counted. She asked if voters would get an
initial result on election night but no further updates until 15
days after the election.
1:12:51 PM
SENATOR SHOWER responded that the director briefed the State
Affairs Committee that the final election results would not be
issued until all absentee ballots are counted. He surmised that
the division might release some results after the ranked-choice
voting round.
CHAIR HOLLAND recalled that the initial results would be issued
on election night, but the final results would not be released
until about two weeks later.
SENATOR SHOWER reiterated that changes would occur after each
round of ranked-choice voting. He characterized it as in-flux.
1:13:52 PM
SENATOR HUGHES noted that people could no longer vote once the
polls closed, so updates won't influence future voters.
1:14:29 PM
SENATOR KIEHL related that the delta between the felony in the
bill being reduced to a misdemeanor was because with this
amendment there was no opportunity for the leaked information to
influence voters.
CHAIR HOLLAND noted that boxes of ballots will be stored prior
to the polls closing, so there could be a potential leak of
information.
1:15:29 PM
SENATOR KIEHL explained that Senator Myers raised an existing
issue. Nothing in the bill or Amendment 27 changes the criminal
penalties for opening ballots and counting them before it is
legal to do so.
1:15:46 PM
CHAIR HOLLAND maintained his objection.
1:15:54 PM
A roll call vote was taken. Senator Kiehl voted in favor of
Amendment 27 and Senators Shower, Hughes, Myers, and Holland
voted against it. Therefore, Amendment 27 failed on a 1:4 vote.
CHAIR HOLLAND stated that Amendment 27 failed on a vote of 1 yea
and 4 nays.
1:16:28 PM
SENATOR SHOWER moved to adopt Amendment 28, work order 32-
LS0204\D.6.
32-LS0204\D.6
Klein
4/12/22
AMENDMENT 28
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 25, line 7, following "Cybersecurity.":
Insert "(a)"
Page 25, following line 11:
Insert a new subsection to read:
"(b) The director shall develop a list of
registered voters whose numerical identifiers have
been released in a breach of data maintained by the
division. Upon request, the director shall provide the
list to a poll watcher."
1:16:31 PM
CHAIR HOLLAND objected for discussion purposes.
1:16:33 PM
SENATOR SHOWER explained Amendment 28 would require the Division
of Elections to compile a list of registered voters whose data
has been breached. These lists must be provided to poll watchers
upon request.
1:17:22 PM
SENATOR KIEHL moved to adopt Amendment 1 to Amendment 28, work
order 32-LS0204\D.48.
32-LS0204\D.48
Klein
4/19/22
AMENDMENT 1 to AMENDMENT 28
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: Amendment D.6 to CSSB 39(JUD), Draft Version "D"
Page 1, lines 6 - 8 of the amendment:
Delete all material and insert:
"(b) The director shall develop a nonpublic list
of registered voters whose numerical identifiers have
been released in a breach of data maintained by the
division and shall exercise caution to protect
election integrity."
1:17:30 PM
CHAIR HOLLAND objected for discussion purposes.
1:17:33 PM
SENATOR KIEHL explained Amendment 1 to Amendment 28 would
clarify that the list of those whose data was breached is not
public. It would instruct the department to exercise caution and
protect the integrity of the election. It would also remove the
requirement to release the information to poll watchers to avoid
providing an opportunity for identity theft.
1:18:09 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 1 to Amendment 28 was adopted.
18:37 PMC
CHAIR HOLLAND stated that Amendment 28, as amended, was before
the committee.
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 28, as amended, was adopted.
1:19:00 PM
SENATOR KIEHL moved to adopt Amendment 29, work order 32-
LS0204\D.27.
32-LS0204\D.27
Nauman/Klein
4/12/22
AMENDMENT 29
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 39(JUD), Draft Version "D"
Page 25, line 15:
Delete "$15.00 an hour"
Insert "$4.66 more an hour than the minimum wage
required by AS 23.10.065"
Page 25, line 17:
Delete "$15.50 an hour"
Insert "$5.16 more an hour than the minimum wage
required by AS 23.10.065"
Page 25, line 19:
Delete "$15.00 an hour"
Insert "$4.66 more an hour than the minimum wage
required by AS 23.10.065"
Page 25, line 22:
Delete "$15.50 an hour"
Insert "$5.16 more an hour than the minimum wage
required by AS 23.10.065"
Page 25, line 24:
Delete "$15.00 an hour"
Insert "$4.66 more an hour than the minimum wage
required by AS 23.10.065"
Page 25, line 27:
Delete "$12.50 an hour"
Insert "$2.16 more an hour than the minimum wage
required by AS 23.10.065"
1:19:02 PM
CHAIR HOLLAND objected for discussion purposes.
1:19:07 PM
SENATOR KIEHL explained that Amendment 29 would tie the poll
worker's pay to the minimum wage, which is adjusted based on
inflation, so it will increase as the minimum wage rises.
1:19:53 PM
CHAIR HUGHES asked for the previous pay for an election worker
compared to minimum wage.
1:20:23 PM
MICHAELA THOMPSON, Administrative Operations Manager, Absentee &
Petition Office, Division of Elections, Anchorage, Alaska,
responded that currently election worker pay is set by
regulation. Election board workers are paid $12 per hour. In
2020, the division used emergency regulations to access COVID-19
funds.
1:20:56 PM
SENATOR HUGHES asked for the election worker pay for 2020.
MS. THOMPSON said she did not recall the exact amount, but it
was approximately $15 per hour.
SENATOR HUGHES asked what the minimum wage was currently.
SENATOR KIEHL recalled that it was $10.34 per hour.
1:21:47 PM
SENATOR SHOWER stated that he was neutral on Amendment 29.
CHAIR HOLLAND said he was unsure about putting the election
worker pay amounts in statute.
1:22:28 PM
CHAIR HOLLAND maintained his objection.
1:22:34 PM
At ease
1:23:23 PM
CHAIR HOLLAND reconvened the meeting.
1:23:32 PM
SENATOR HUGHES noted that the pay amounts were currently listed
in the bill. She said the proposed changes were in line with the
current poll worker pay.
1:23:51 PM
CHAIR HOLLAND maintained his objection.
1:24:03 PM
A roll call vote was taken. Senators Kiehl, Shower, and Hughes
voted in favor of Amendment 29 and Senator Myers and Holland
voted against it. Therefore, Amendment 29 was adopted on a 3:2
vote.
CHAIR HOLLAND stated that Amendment 29 was adopted on a vote of
3 yeas and 2 nays.
1:24:42 PM
SENATOR SHOWER moved to adopt Amendment 30, work order 32-
LS0204\D.40.
32-LS0204\D.40
Klein
4/13/22
AMENDMENT 30
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 26, line 26:
Delete "2028"
Insert "2024"
1:24:46 PM
CHAIR HOLLAND objected for discussion purposes.
1:24:49 PM
SENATOR SHOWER explained that Amendment 30 would set the
deadline for implementing open-source to January 1, 2024,
instead of January 1, 2028. He related his understanding that
multiple companies were certified or close to certification.
1:25:40 PM
SENATOR KIEHL wondered what the Division of Elections would do
if they could not meet the deadline because the vendors were not
yet certified.
MS. THOMPSON responded that she was unsure. She stated that it
would take time to implement an entirely new ballot tabulation
system. She further stated that the division would need to
disperse equipment to the regional offices and conduct rigorous
testing.
SENATOR SHOWER offered his view that the division would indicate
they did not meet the deadline.
SENATOR MYERS asked how many vendors would be ready by that
date.
1:27:39 PM
MR. OGAN recalled that one vendor indicated that three vendors
would be ready by that deadline.
1:28:19 PM
SENATOR SHOWER recalled the division director stated that if the
current qualified and certified companies decided to open-
source, they could do so.
1:28:43 PM
MR. OGAN stated it was plausible that one of the established
voting machine vendors might decide to enter the open-source
market.
1:29:21 PM
SENATOR MYERS stated that he would be comfortable if three
vendors were ready by that timeline.
1:29:28 PM
At ease
1:30:06 PM
CHAIR HOLLAND reconvened the meeting. [The committee treated
Chair Hollands objection to Amendment 30 as though it had been
removed.]
1:30:18 PM
SENATOR KIEHL expressed concern that it would be a disservice to
voters if the legislature set a deadline for the Division of
Elections, knowing that it was unlikely they could meet it.
1:30:26 PM
SENATOR KIEHL objected.
1:30:59 PM
A roll call vote was taken. Senators Shower, Hughes, Myers, and
Holland voted in favor of Amendment 30 and Senator Kiehl voted
against it. Therefore, Amendment 30 was adopted on a 4:1 vote.
1:31:30 PM
CHAIR HOLLAND moved to adopt Amendment 31, work order 32-
LS0204\D.46.
32-LS0204\D.46
Klein
4/18/22
AMENDMENT 31
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 39(JUD), Draft Version "D"
Page 8, line 26:
Delete "absentee"
Insert "early"
Page 25, line 19:
Delete "boards"
Insert "board members"
Page 25, line 20:
Delete "boards"
Insert "board members"
Page 25, line 22:
Delete the first occurrence of "absentee"
Insert "early"
Delete the second occurrence of "absentee"
Insert "early voting"
1:31:38 PM
SENATOR SHOWER objected for discussion purposes.
1:31:48 PM.
ED KING, Staff, Senator Roger Holland, Alaska State Legislature,
Juneau, Alaska, stated that Amendment 31 was a cleanup
amendment. The references to change from absentee to early
voting polls was made in some places but not in others.
1:32:15 PM
CHAIR HOLLAND added that Amendment 31 was a cleanup amendment to
create consistency throughout the bill.
1:32:29 PM
SENATOR SHOWER removed his objection.
CHAIR HOLLAND found no further objection and Amendment 31 was
adopted.
1:32:47 PM
CHAIR HOLLAND moved to adopt Amendment 32, work order 32-
LS0204\D.47.
32-LS0204\D.47
Klein
4/18/22
AMENDMENT 32
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 39(JUD), Draft Version "D"
Page 1, line 1, following "of":
Insert "voter misconduct,"
1:32:55 PM
SENATOR SHOWER objected for discussion purposes.
1:32:59 PM
MR. KING explained that Amendment 32 was a technical cleanup to
incorporate the voter misconduct in the title of the bill.
1:33:11 PM
SENATOR SHOWER removed his objection.
1:33:14 PM
CHAIR HOLLAND found no further objection and Amendment 32 was
adopted.
1:33:31 PM
SENATOR SHOWER said he would not offer Amendment 33, work order
32-LS0204\D.44. He stated another amendment in member's packets
would address the issue.
1:33:56 PM
SENATOR SHOWER moved to adopt Amendment 34, work order 32-
LS0204\D.44.
32-LS0204\D.44
Klein
4/18/22
AMENDMENT 34
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 5, following line 18:
Insert a new bill section to read:
"* Sec. 9. AS 15.07 is amended by adding a new
section to read:
Sec. 15.07.128. Voter fraud mitigation policy. It
is the policy of the state to reduce voting fraud by
using reasonable and affordable tools and technology
to mitigate the potential for voting fraud, including
for the reviews of voter registration applications and
the master register for the names of the deceased,
felons ineligible to vote, non-citizens, and
individuals voting unlawfully."
Renumber the following bill sections accordingly.
Page 26, line 15:
Delete "sec. 46"
Insert "sec. 47"
Page 26, line 16:
Delete "sec. 47"
Insert "sec. 48"
Delete "sec. 48"
Insert "sec. 49"
Page 26, line 17:
Delete "sec. 49"
Insert "sec. 50"
Page 26, line 18:
Delete "sec. 50"
Insert "sec. 51"
Page 26, lines 18 - 19:
Delete "secs. 46 - 50"
Insert "secs. 47 - 51"
Page 26, line 26:
Delete "Section 45"
Insert "Section 46"
Page 26, line 27:
Delete "Section 58"
Insert "Section 59"
Page 26, line 28:
Delete "secs. 59 and 60"
Insert "secs. 60 and 61"
1:33:58 PM
CHAIR HOLLAND objected for discussion purposes.
1:34:01 PM
SENATOR SHOWER explained that Amendment 34 resulted from
discussions with some members in the other body who would like
automatic PFD registration passed by voter initiative some years
ago. He related that the lieutenant governor's office had found
auto-registration somewhat problematic because it would allow
people to register to vote who should not be allowed to do so,
including felons. Amendment 34 adds the best-practice language
in Section 9 of the bill.
1:35:14 PM
MR. OGAN stated this amendment also includes a report on the
voter roll maintenance efforts.
1:35:34 PM
SENATOR SHOWER clarified that Amendment 34 would add intent
language for best practices. He noted that the next amendment
will require the report.
MR. OGAN said he stands corrected.
1:35:58 PM
SENATOR KIEHL pointed out that this would put in place the
current practices.
1:36:14 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 34 was adopted.
1:36:35 PM
SENATOR SHOWER moved to adopt Amendment 35, work order 32-
LS0204\D.45.
32-LS0204\D.45
Klein
4/18/22
AMENDMENT 35
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 5, following line 18:
Insert a new bill section to read:
"* Sec. 9. AS 15.07.130(a) is amended to read:
(a) Periodically, at times of the director's
choosing, but not [NO] less frequently than in January
of each calendar year, the director shall examine the
master register maintained under AS 15.07.120 and
shall send, by nonforwardable mail to the voter's
registration mailing address, a notice requesting
address confirmation or correction to each voter
(1) whose mail from the division has been
returned to the division in the two years immediately
preceding the examination of the register;
(2) who has not contacted the division in
the two years immediately preceding the examination of
the register; [OR]
(3) who has not voted or appeared to vote
in the two general elections immediately preceding the
examination of the register; or
(4) who does not live in the state."
Renumber the following bill sections accordingly.
Page 5, line 27:
Delete "a new subsection"
Insert "new subsections"
Page 6, line 8, following "system,":
Insert "municipal assessor databases, the United
States Social Security Administration death index, an
alien database maintained by the United States
Department of Homeland Security,"
Page 6, following line 8:
Insert new subsections to read:
"(h) The director shall adopt a best practice
voter registration system to improve identity matching
when comparing voter registration lists with the
records and databases used to review the master
register. The director shall develop a written
maintenance schedule and guideline manual for the
system and provide a report on the system to the
senate secretary and the chief clerk of the house of
representatives on or before the first day of the
first regular session of each legislature and shall
notify the legislature that the report is available.
(i) The director shall, in a notice sent under
(a) of this section, inform a voter of the criteria to
qualify as a voter and the penalties for voter fraud
and voter misconduct."
Page 26, line 15:
Delete "sec. 46"
Insert "sec. 47"
Page 26, line 16:
Delete "sec. 47"
Insert "sec. 48"
Delete "sec. 48"
Insert "sec. 49"
Page 26, line 17:
Delete "sec. 49"
Insert "sec. 50"
Page 26, line 18:
Delete "sec. 50"
Insert "sec. 51"
Page 26, lines 18 - 19:
Delete "secs. 46 - 50"
Insert "secs. 47 - 51"
Page 26, line 26:
Delete "Section 45"
Insert "Section 46"
Page 26, line 27:
Delete "Section 58"
Insert "Section 59"
Page 26, line 28:
Delete "secs. 59 and 60"
Insert "secs. 60 and 61"
1:36:37 PM
CHAIR HOLLAND objected for discussion purposes.
1:36:39 PM
SENATOR SHOWER explained Amendment 35 would require the Division
of Elections to send an address confirmation notice to voters
who do not currently live in the state. As discussed in previous
committees, the division doesn't inform people how to remove
themselves from the voter rolls. Second, it would require the
director to adopt best practice voter-registration protocols to
improve identity matching when comparing registration lists with
databases for list maintenance. Finally, it would require the
division to provide a report to the legislature, which could be
helpful to identify other legislative policy changes.
1:38:11 PM
SENATOR MYERS wondered about the timeline. Current statute
states that no less frequently than January of each calendar
year the division would begin cleaning the voter rolls. However,
the bill would require the division to submit a report by the
first day of the first regular session of each legislature. He
suggested the reporting requirement should be changed to March
15th if the division cleans up the voter rolls in January.
1:39:13 PM
SENATOR SHOWER responded that he had not received any pushback
from the division. He related his understanding that the
division cleans up the voter rolls several times throughout the
year. The report does not specify the date of the data used. The
intent was to ensure that the legislature receives an annual
report with an update at least once annually.
1:40:16 PM
MS. THOMPSON reported that the division performs list
maintenance work throughout the year, but the bulk of it is done
in January. She agreed with Senator Shower that the division
would report the information it had available and update it
thereafter.
1:40:58 PM
CHAIR HOLLAND asked how long it takes to perform list
maintenance.
MS. THOMPSON answered that the division sends out the first
notice in January. Voters are given time to reply, followed by a
second notice, with time to respond. She stated that there was a
45-day trigger for those notices, followed by status updates for
voters.
1:41:47 PM
SENATOR MYERS asked whether it would be easier for the division
to report to the legislature later in the legislative session.
He noted that the data at the beginning of the legislative
session might be months old.
MR. OGAN explained that during his tenure in the administration,
the agency would begin drafting its report in October of each
year. He surmised that the Division of Elections would report on
data from the prior year in its January report.
CHAIR HOLLAND suggested that even if the division delayed its
reporting until March or April, it could still take weeks to
provide the information.
1:43:00 PM
MS. THOMPSON agreed that Chair Holland outlined it correctly
since the Division of Elections would need time to prepare the
report. She stated that so long as the legislature understood
the time period being reported, the division could meet the
reporting requirements.
1:43:31 PM
CHAIR HOLLAND said he was comfortable with Amendment 35.
1:43:39 PM
SENATOR KIEHL related his understanding that people who do not
live in Alaska would receive notices. He asked whether the
division interpreted that to mean every voter who has a non-
Alaska mailing address on their voter registration would receive
the notice, or if it was specific to voters the division
compiled based on various databases.
MS. THOMPSON replied that she was unsure. She deferred to the
Department of Law. Typically, voter maintenance results from
voters returning mail informing them they no longer live in
Alaska. She noted it was very difficult to tell if someone is
out temporarily for medical care or military assignment
temporarily.
1:45:03 PM
SENATOR SHOWER stated the intent was to create one step of an
ongoing effort to clean up the voter rolls. He offered his
willingness to consider the best way to accomplish it. He noted
he had held discussions with the Division of Elections on
updating the voter rolls. He indicated he did not want to get
too prescriptive with the division, but rather to allow the
agency to clean up the voter rolls.
1:45:36 PM
SENATOR HUGHES reviewed the process the division uses for voter
list maintenance. She asked whether the division would enclose a
prepaid envelope that the voter would return or if the voter
will be given an online link to update their address. She asked
how that process will work.
MS. THOMPSON answered that the division would use prepaid
envelopes if funding was available and encourage people to
update their address on the division's website.
1:46:54 PM
SENATOR SHOWER asked the record to reflect that on average
40,000 people move in and out of the state. He acknowledged that
updating the voter rolls might be costly but it is necessary to
do so.
1:47:35 PM
SENATOR HUGHES asked whether the division would only be charged
if the person mails the envelope to the division.
MS. THOMPSON answered that the division would only be charged if
the voter mailed in the update.
1:48:30 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 35 was adopted.
1:49:00 PM
At ease
1:50:00 PM
CHAIR HOLLAND reconvened the meeting
1:50:04 PM
SENATOR SHOWER withdrew Amendment 36, work order 32-LS0204\D.49
due to some drafting issues.
1:50:27 PM
SENATOR SHOWER moved to adopt Amendment 37, work order 32-
LS0204\D.50.
32-LS0204\D.50
Klein
4/19/22
AMENDMENT 37
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 14, line 19:
Delete "shall [MAY NOT]"
Insert "may not"
1:50:32 PM
CHAIR HOLLAND objected for discussion purposes.
1:50:38 PM
SENATOR SHOWER explained Amendment 37 would remove the language
allowing people to register to vote at the same time they were
requesting an absentee ballot online or by electronic means. He
indicated he held discussions with some members in the other
body who agreed that it would not be a good idea to combine the
requests.
CHAIR HOLLAND related his understanding that Amendment 37 would
revert to current statute.
SENATOR SHOWER agreed.
1:51:23 PM
SENATOR KIEHL stated he had a different interpretation. Current
law allows a person to register to vote by requesting an
absentee ballot application and an electronic ballot by mail.
Amendment 37 would state that a person may not register when a
person sends in a request for an electronic ballot. He noted
that a person can register to vote when they apply for a
permanent fund dividend.
1:52:22 PM
SENATOR SHOWER deferred to Mr. Ogan.
1:52:26 PM
MR. OGAN stated that Amendment 37 would address the concern
about fraud associated with electronic voting. He stated that
people have adequate opportunities to register to vote.
Amendment 37 would not allow people to register to vote on the
same day that they vote electronically, although a person could
register to vote, then vote in person on the same day.
1:53:41 PM
SENATOR HUGHES referred to page 14, line 19 of Version D. She
stated that this provision references applying for a ballot, not
voting. Currently, a person could fill out an application to
request a ballot and register to vote. This would allow the
person to send the request in electronically rather than putting
their application for a ballot in the mail. She asked whether it
was the sponsor's intent to allow the request by mail but not
electronically.
1:54:38 PM
MR. OGAN answered yes. He explained that Amendment 37 would
revert to existing law, AS 15.07.070, which does not allow a
person to request an absentee ballot on the same day that the
person votes.
1:55:29 PM
SENATOR HUGHES stated that she could submit her application
electronically to obtain a ballot, fill out another form, and
submit it electronically to vote, just not on the same form.
1:55:48 PM
MR. OGAN said he believes that is correct. The law says submit
by electronic transmission may not include a provision that
permits a person to register to vote under 15.07.070.
1:56:15 PM
SENATOR HUGHES stated that a person could register to vote and
vote in the same day by filling out two different forms. She
asked whether that would be better.
SENATOR SHOWER agreed. The intent was to keep things as separate
as possible, including registering to vote and receiving a
ballot.
1:57:39 PM
SENATOR HUGHES asked if the application to register to vote and
the application to vote could be dated the same day or if that
will create some issue.
1:58:29 PM
MS. THOMPSON stated the Division of Elections already had a
process in place for registering to vote on Election Day due to
same day registration for presidential elections. If someone
isn't registered to vote they can fill out a registration
application and an electronic transmission application form.
1:59:01 PM
SENATOR HUGHES asked if a person applied for a ballot and five
minutes later registered to vote whether it would be acceptable.
MS. THOMPSON answered yes; that would work.
1:59:23 PM
SENATOR KIEHL asked what was done differently to verify voter
eligibility. He asked whether one process was less rigorous than
the other.
1:59:49 PM
MS. THOMPSON related that the registration application has more
information than the electronic transmission application. She
stated that when someone first registers to vote the division
checks the person's identification. The electronic application
has identifying information to ensure that the voter filled out
the form, but it is a separate form.
2:00:23 PM
SENATOR KIEHL asked if Amendment 37 did not to pass, whether a
person would use the same process to apply for an electronic
application as for registering to vote by mail.
2:00:44 PM
MS. THOMPSON asked him to repeat his question.
2:00:48 PM
SENATOR KIEHL asked if SB 39 passed without Amendment 37, the
language would read, "An absentee ballot application submitted
by electronic transmission under this section shall include a
provision that permits a person to register to vote under AS
15.07.070." He said it appears as though the division would use
the same process to verify the voter's identity as it does when
a registration form arrives by mail.
2:01:24 PM
MS. THOMPSON responded that the division would develop a form
that combined the voter registration and the absentee ballot
application.
SENATOR KIEHL stated that he opposed Amendment 37, and if it
doesn't pass the division will use the same process to register
voters whether the request is made by electronic means or by
mail. He offered his view that this should be the focus since it
provides election security. It is not relevant whether the
application has a US postage stamp or an electronic timestamp.
SENATOR HUGHES offered her view that there could be a
difference. A person applying by mail would do so earlier
whereas someone applying electronically could apply at the last
minute and if there was a flurry of activity, the division might
be under pressure. The verification process is the same, but she
was more comfortable with ones trickling in rather than a rush
of them coming in all at once. She offered her support for
Amendment 37.
2:03:34 PM
CHAIR HOLLAND removed his objection.
2:03:40 PM
SENATOR KIEHL objected.
2:03:54 PM
A roll call vote was taken. Senators Myers, Shower, Hughes, and
Holland voted in favor of Amendment 37 and Senator Kiehl voted
against it. Therefore, Amendment 37 was adopted on a 4:1 vote.
CHAIR HOLLAND stated that Amendment 39 was adopted on a vote of
4 yeas and 1 nay.
2:04:30 PM
SENATOR SHOWER moved to adopt Amendment 38, work order 32-
LS0204\D.52.
32-LS0204\D.52
Klein
4/19/22
AMENDMENT 38
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 8, line 16, following "title.":
Insert "A signed ballot chain-of-custody document
must accompany a ballot or group of ballots in the
division's possession. An election official shall sign
the document immediately upon receiving or releasing a
ballot or group of ballots."
2:04:34 PM
CHAIR HOLLAND objected for discussion purposes.
2:04:44 PM
SENATOR SHOWER explained that Amendment 38 would create a signed
ballot chain-of-custody, which is a portion of the process to
provide a paper trail.
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 38 was adopted.
2:05:35 PM
SENATOR SHOWER moved to adopt Amendment 39, work order 32-
LS0204\D.53.
32-LS0204\D.53
Klein
4/19/22
AMENDMENT 39
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 10, line 8, following "or":
Insert "for perjury under"
2:05:38 PM
CHAIR HOLLAND objected for discussion purposes.
2:05:50 PM
SENATOR SHOWER explained Amendment 39 would clarify that a false
statement on a questioned ballot declaration is perjury.
2:05:59 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 39 was adopted.
2:06:26 PM
SENATOR SHOWER moved to adopt Amendment 40, work order 32-
LS0204\D.54.
32-LS0204\D.54
Klein
4/19/22
AMENDMENT 40
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 19, line 1, following "establish":
Insert "or procure"
Page 19, line 2:
Delete ", available through the division's
Internet website,"
Page 19, line 17, following "established":
Insert "or procured"
Page 19, line 24, following "establishing":
Insert "or procuring"
2:06:29 PM
CHAIR HOLLAND objected for discussion purposes.
2:06:32 PM
SENATOR SHOWER explained that Amendment 40 was primarily cleanup
language since the director shall establish or procure an online
system. Second, the intent of deleting ", available through the
division's Internet website," was to provide the vendor
flexibility and not be overly restrictive. He stated that the
online system could be accessed through the division's website
but it isn't required. He noted that other states contract with
the vendor for ballot tracking.
2:07:47 PM
SENATOR KIEHL referred to lines 7-8 of Amendment 40 and said
this refers to something that was deleted by a previous
amendment. He offered his view that Legislative Legal Services
could make conforming and technical changes.
CHAIR HOLLAND stated he would allow Legislative Legal Services
to do so.
SENATOR KIEHL stated that as long as everyone agreed that
someone could go the Division of Election's website and track
their ballot or find a link to it, he was comfortable with
Amendment 40.
2:08:39 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 40 was adopted.
2:08:57 PM
SENATOR SHOWER moved to adopt Amendment 41, work order 32-
LS0204\D.59.
32-LS0204\D.59
Klein
4/20/22
AMENDMENT 41
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 22, lines 1 - 13:
Delete all material and insert:
"* Sec. 45. AS 15.20.910 is amended to read:
Sec. 15.20.910. Standards for voting machines and
vote tally systems. The director may approve a voting
machine or vote tally system for use in an election in
the state upon consideration of factors relevant to
the administration of state elections. A [, INCLUDING
WHETHER THE FEDERAL ELECTION COMMISSION HAS CERTIFIED
THE VOTING MACHINE OR VOTE TALLY SYSTEM TO BE IN
COMPLIANCE WITH THE VOTING SYSTEM STANDARDS APPROVED
BY THE FEDERAL ELECTION COMMISSION AS REQUIRED BY 42
U.S.C. 15481(a)(5) (HELP AMERICA VOTE ACT OF 2002).
THE DIRECTOR MAY ONLY APPROVE A] voting machine or
vote tally system must meet the United States Election
Assistance Commission's voluntary voting system
guidelines and be certified by the commission, use
only open-source software technology or commercial
off-the-shelf software and firmware, and satisfy [IF
THE MACHINE OR SYSTEM SATISFIES] the requirements of
AS 15.15.032(c).
* Sec. 46. AS 15.20.910 is amended by adding a new
subsection to read:
(b) In this section,
(1) "commercial off-the-shelf" means mass-
produced, commercially available hardware devices,
including card readers, printers, scanners, or
personal computers, and the firmware or software
products of the hardware devices, including operating
systems or database management systems;
(2) "open-source software technology" means the
complete source code for the software is available to
the public, under the terms of a license, to use,
modify, or distribute freely without payment of
royalties or other consideration."
Page 26, line 15:
Delete "sec. 46"
Insert "sec. 47"
Page 26, line 16:
Delete "sec. 47"
Insert "sec. 48"
Delete "sec. 48"
Insert "sec. 49"
Page 26, line 17:
Delete "sec. 49"
Insert "sec. 50"
Page 26, line 18:
Delete "sec. 50"
Insert "sec. 51"
Page 26, lines 18 - 19:
Delete "secs. 46 - 50"
Insert "secs. 47 - 51"
Page 26, line 26:
Delete "2028"
Insert "2024"
Page 26, line 27:
Delete "Section 58"
Insert "Section 59"
Page 26, line 28:
Delete "secs. 59 and 60"
Insert "secs. 60 and 61"
2:08:58 PM
CHAIR HOLLAND objected for discussion purposes.
2:09:00 PM
SENATOR SHOWER explained that Amendment 41 was crafted after the
robust discussion on open-source software technology. He said he
also invited Mr. Roe from VotingWorks to explain open-source
technology. Amendment 41 updates the oversight agency since it
is no longer the Federal Election Commission, but the US
Election Assistance Commission (EAC). Amendment 41 would require
that a voting machine or vote tally system be certified by the
EAC and meet their voting system guidelines (VVSG), in addition
to using open-source software technology and commercial off-the-
shelf software and firmware. He recalled previous committee
discussion on the difference between having or using open-source
technology. Amendment 41 would require vendors must use open-
source technology. Finally, it would add definitions for
commercial off-the-shelf and open-source software technology.
2:10:37 PM
SENATOR MYERS stated that he discussed with Senator Shower the
necessity to use commercial off-the-shelf software. While open-
source software technology performs ballot tabulating, it could
be running on a laptop that is not using open-source software
technology. He emphasized that the point was to make the
software and hardware easily accessible to the public.
Unfortunately, the public can't access the specialty use machine
software, but by requiring vendors to use the software, it means
that the public can easily access it and verify the division's
election results.
2:11:56 PM
SENATOR HUGHES referred to the definition section of Amendment
41. She said open-source software technology means it is
available to the public; however, the commercial off-the-shelf
designation does not necessarily mean it is available to the
public. For example, the Dominion vendor's website states that
it is available for government purchase. She asked whether the
sponsor is confident the public can obtain it.
SENATOR SHOWER said he was comfortable it would but deferred to
Senator Myers.
CHAIR HOLLAND stated that he would turn to invited testimony
first.
2:13:19 PM
MATT ROE, Customer Development Lead, VotingWorks, Oakland,
California, related his understanding that the committee
wondered whether the Dominion equipment would fall under the
definition of commercial off-the-shelf software.
2:13:45 PM
SENATOR HUGHES clarified that the committee was interested in
whether Dominion's commercial off-the-shelf software would be
available to the public.
MR. ROE responded that he wasn't familiar with the company's
inner workings. He stated that the intention of the exception
for commercial off-the-shelf software and firmware was to
require that the state's voting system uses open-source software
technology. However, a voting system that uses open-source
software technology relies on equipment that may not necessarily
be open-sourced. For example, card readers, printers, scanners,
personal computers, and laptops may not be open-sourced. Still,
the commercial off-the-shelf and open-source definitions are
important because it allows any voting system to also open-
source their voting system even if the system is closed-source
today. For example, lots of voting systems use a Windows
operating system, which is closed-source software, but if
Dominion wanted to open-source its voting system, even if it
relies on a closed-source operating system, it could do so.
2:15:34 PM
SENATOR HUGHES asked if the the definition for commercial off-
the-shelf allows a constituent to verify the Division of
Elections results as a check and balance.
MR. ROE answered yes.
2:16:31 PM
SENATOR KIEHL characterized Amendment 41 as a cleanup amendment,
so he does not object to it. He remarked that no matter what,
when someone's candidate is not winning, conspiracy theorists
will claim the scanner or the card reader was hacked or malware
was in the off-the-shelf laptop. He doubted that these
precautions designed to provide transparency will put anything
to rest.
2:17:29 PM
CHAIR HOLLAND removed his objection; he found no further
objection and Amendment 41 was adopted.
2:17:50 PM
SENATOR SHOWER asked for an at ease to review additional
amendments from Legislative Legal Services.
2:17:58 PM
At ease
2:24:13 PM
CHAIR HOLLAND reconvened the meeting.
2:24:29 PM
SENATOR SHOWER stated he would not offer Amendment 42, work
order 32-LS0204\D.60 because this language will be offered in
Amendment 44.
2:24:45 PM
CHAIR HOLLAND stated that Amendment 42 was withdrawn.
2:24:48 PM
CHAIR HOLLAND move to adopt Amendment 43, work order 32-
LS0204\D.61.
32-LS0204\D.61
Klein
4/20/22
AMENDMENT 43
OFFERED IN THE SENATE BY SENATOR HOLLAND
TO: CSSB 39(JUD), Draft Version "D"
Page 1, line 1, following "of":
Insert "unlawful interference with voting, voter
misconduct,"
Page 23, following line 10:
Insert new bill sections to read:
"* Sec. 47. AS 15.56.035(a) is amended to read:
(a) A person commits the crime of unlawful
interference with voting in the second degree if the
person
(1) has an official ballot in possession
outside of the voting room unless the person is an
election official or other person authorized by law or
local ordinance, or by the director or chief municipal
elections official in a local election;
(2) makes, or knowingly has in possession,
a counterfeit of an official election ballot;
(3) knowingly solicits or encourages,
directly or indirectly, a registered voter who is no
longer qualified to vote under AS 15.05.010, to vote
in an election;
(4) as a registration official
(A) knowingly refuses to register a person
who is entitled to register under AS 15.07.030; or
(B) accepts a fee from an applicant
applying for registration;
(5) violates AS 15.20.081(a) by knowingly
supplying or encouraging or assisting another person
to supply to a voter an absentee ballot application
form with a political party or group affiliation
indicated if the voter is not already registered as
affiliated with that political party or group;
(6) knowingly designs, marks, or encourages
or assists another person to design or mark an
absentee ballot application in a manner that suggests
choice of one ballot over another as prohibited by
AS 15.20.081(a); [OR]
(7) knowingly submits or encourages or
assists another person to submit an absentee ballot
application to an intermediary who could control or
delay the submission of the application to the
division of elections or who could gather data from
the application form as prohibited by AS 15.20.081(a);
or
(8) knowingly pays, offers to pay, or
causes to be paid money or other valuable thing to a
person who is not an election official to collect a
voter's ballot.
* Sec. 48. AS 15.56.035 is amended by adding a new
subsection to read:
(d) In this section,
(1) "collect" means to gain possession or
control of a ballot;
(2) "other valuable thing"
(A) includes
(i) an entry in a game of chance in which a
prize of money or other present or future pecuniary
gain or advantage may be awarded to a participant
wherein the total of the prizes offered is greater
than $2 for a participant with a maximum of $100; and
(ii) government employment or benefits;
(B) does not include
(i) materials having a nominal value
bearing the name, likeness, or other identification of
a candidate, political party, political group, party
district committee, or organization, or stating a
position on a ballot proposition or question;
(ii) food and refreshments provided
incidental to an activity that is nonpartisan in
nature and directed at encouraging persons to vote, or
incidental to a gathering in support of or in
opposition to a candidate, political party, political
group, party district committee, organization, or
ballot question or proposition;
(iii) care of a person's dependents
provided in connection with the absence of the person
from home for the purpose of collecting a ballot; and
(iv) services provided by a person acting
as a representative under AS 15.20.072."
Renumber the following bill sections accordingly.
Page 26, line 15, following "Act,":
Insert "AS 15.56.035(a), as amended by sec. 47 of
this Act,"
Page 26, line 16:
Delete "sec. 47"
Insert "sec. 49"
Delete "sec. 48"
Insert "sec. 50"
Page 26, line 17:
Delete "sec. 49"
Insert "sec. 51"
Page 26, line 18:
Delete "sec. 50"
Insert "sec. 52"
Page 26, lines 18 - 19:
Delete "secs. 46 - 50"
Insert "secs. 46, 47, and 49 - 52"
Page 26, line 27:
Delete "Section 58"
Insert "Section 60"
Page 26, line 28:
Delete "secs. 59 and 60"
Insert "secs. 61 and 62"
2:25:09 PM
SENATOR KIEHL objected for discussion purposes.
2:25:17 PM
MR. KING explained that Amendment 43 would address the issue
members raised at a previous hearing regarding compensation for
collecting ballots. Amendment 43 attempts to address the issues
by better defining pay. It also would expand the language to
say, "knowingly pays, offers to pay, or causes to be paid money
or other valuable thing," which is more consistent with other
statutes. He stated that paragraph (8) excludes an election
official from the crime of unlawful interference with voting in
the second degree. Section 48 defines "other valuable thing,"
including an entry in a game of chance, and government
employment or benefits. It does not include material having a
nominal value, such as election swag, food and refreshments, or
caring for the volunteer's children. He pointed out that the
committee may wish to consider adding "or mail carrier" on page
2, line 9.
2:26:59 PM
SENATOR SHOWER added that this was a concession based on the
committee's robust discussion on whether to make "ballot
harvesting" illegal.
2:28:26 PM
SENATOR HUGHES recalled a previous amendment that changed a
portion of the bill title to," "... relating to crimes of voter
conduct, unlawful interference ...." but Amendment 43 changes a
portion of the title to read "... unlawful interference with
voting, voter misconduct, ...." She pointed out that it might
need a correction since the bill drafter reversed the language.
2:29:02 PM
SENATOR KIEHL questioned how helping someone with a disability
applies to the language on page 3, lines 3 and 4 because a
"valuable thing" doesn't include acting as a representative for
special needs voting assistance. For example, he did not believe
someone would pay a third party to act as their personal
representative. He expressed concern that the language might
inadvertently criminalize someone assisting a special needs
person to vote. This might include someone who works for a
disability services organization or a voting nonpartisan
nonprofit group that provides special needs services under this
bill.
2:30:27 PM
SENATOR SHOWER responded that they should be exempt from
paragraph (8). He offered his view that Senator Kiehl was
misreading the provision.
2:31:09 PM
THOMAS FLYNN, Assistant Attorney General, Labor & State Affairs
Section, Department of Law, Anchorage, Alaska, stated that he
was inclined to agree that Senator Kiehl interprets the language
as he did. This would define "other valuable thing." He related
his understanding that the committee was concerned about someone
getting paid to collect a ballot. The "thing" that someone
provides when they provide services is not the "thing" they
receive to collect the ballot, which is something separate. He
opined that sub-subparagraph (iii) and (iv) doesn't seem to line
up with the definition of "other valuable thing."
2:32:06 PM
SENATOR SHOWER directed attention to page 2, line 21, to
subparagraph (B). He said "does not include" seems to exclude
those sub-subparagraphs. He asked Mr. Flynn to suggest another
subcategory to define that further.
MR. FLYNN related his understanding that the committee's goal
was to exempt certain people rather than certain things. He
suggested relocating the language to paragraph (8), which would
exempt people providing care and people providing special needs
services.
2:33:10 PM
CHAIR HOLLAND related his understanding that it would include
sub-subparagraphs (i) and (ii) but not sub-subparagraphs (iii)
and (iv).
2:33:40 PM
SENATOR HUGHES expressed concern about allowing people who
provide services to the elderly and disabled to assist them to
vote. She pointed out disabled and elderly people have
guardians. She suggested that this language could allow people
to harvest ballots in communities or pioneer homes. Since the
law already provides them with assistance. Amendment 43 might
create a loophole and allow nonprofits to form for the purpose
of collecting ballots.
2:35:08 PM
SENATOR KIEHL stated that many of those concerns are addressed
by the special needs voting statute, which applies to those
under guardianship and voters with a physical or cognitive
disability who cannot go to a polling place. He indicated the
statute has restrictions and limitations. He further stated as
Mr. Flynn suggested that the special needs voting should be
under the definition of "collect" in subsection (d)(1) instead
of under paragraph (8) since it appears to be a drafting error.
SENATOR SHOWER wondered if there was any relevant case law
pertaining to nonprofits.
MR. KLEIN responded that he was unaware of any nonprofits that
were established to collect ballots.
2:37:22 PM
MR. OGAN recalled some state jurisdictions made it illegal to
harvest ballots. He asked if he was familiar with any cases, and
if so, the basis the courts used for upholding these laws.
2:37:51 PM
MR. FLYNN acknowledged that he was aware of a US Supreme Court
case related to ballot harvesting, but he had not reviewed it.
2:38:11 PM
SENATOR SHOWER suggested the committee should pass the amendment
and allow Legislative Legal Services to fix the drafting error.
He acknowledged that the committee would need to review the case
law before addressing this issue.
2:38:53 PM
At ease
2:41:39 PM
CHAIR HOLLAND reconvened the meeting. He asked Senator Shower if
he wanted to pose a hypothetical situation to Noah Klein.
2:42:01 PM
SENATOR SHOWER deferred to Senator Hughes.
2:42:22 PM
SENATOR HUGHES expressed concern that Amendment 43 would create
a loophole to allow a nonprofit to form whose purpose was to
collect ballots. She related her understanding that the elderly
or disabled could have a friend or relative mail their ballot
for them, so nonprofit agencies would not need to assist them.
2:43:36 PM
NOAH KLEIN, Attorney, Legislature Legal Counsel, Legislative
Legal Services, Legislative Affairs Agency, Juneau, Alaska,
answered that Amendment 43 would allow a nonprofit to collect
people's ballots as long as the staff person did not receive
money or "another valuable thing."
MR. KLEIN turned to the discussion of sub-subparagraphs (iii)
and (iv). He related his understanding that the committee's
intent was to allow a person acting as a representative under AS
15.20.072 to receive money or "another valuable thing." He
agreed with Senator Kiehl's suggestion to relocate that language
to paragraph (8) and remove sub-subparagraph (iv). He offered
his view that sub-subparagraph (iii) still works as drafted in
subsection (d)(2) because collecting ballots would not be
considered "another valuable thing." For example, it would allow
someone to babysit someone else's child while the parent picked
up a ballot for a family member.
2:45:20 PM
SENATOR SHOWER asked whether the language in sub-subparagraph
(iv) should be relocated to paragraph (8), adding the language
"or services provided by a person acting as a representative."
The second part of the amendment would add "or mail carrier."
MR. KLEIN responded that he did not recommend putting the
language in a sub-subparagraph of paragraph (8), but it could
say, "who is not an election official, a mail carrier, or a
person acting as a representative under AS 15.20.072; and then
move on to collect a voter's ballot.
CHAIR HOLLAND agreed.
2:46:36 PM
SENATOR HUGHES asked whether a nonprofit could round up
volunteers to collect ballots so long as the agency did not use
paid employees.
MR. KLEIN answered yes.
2:47:05 PM
MR. KING pointed out that the underlying bill would accomplish
it since it is not a product of the amendment.
2:47:30 PM
CHAIR HOLLAND suggested adopting Conceptual Amendment 1 to
Amendment 43, on page 2, line 9, after official, add ", a mail
carrier or a person acting as a representative under AS
15.20.072, and delete lines 3-4 on page 3.
MR. KING clarified that the first part of Conceptual Amendment 1
to Amendment 43 was correct. He said the second part is a policy
call.
CHAIR HOLLAND asked whether the language on page 3, lines 3-4
should be left in or stricken.
2:48:37 PM
SENATOR KIEHL offered his view that Chair Holland's spoken
amendment that would strike lines 3-4 was clearest.
2:48:48 PM
CHAIR HOLLAND moved to adopt Conceptual Amendment 1 to Amendment
43.
CONCEPTUAL AMENDMENT 1 TO AMENDMENT 43
on page 2, line 9, after "official" to add ", a mail
carrier, or a person acting as a representative under
AS 15.20.072 and to delete lines 3-4 on page 3.
2:49:27 PM
SENATOR HUGHES objected.
SENATOR HUGHES stated that Mr. Flynn and Mr. Klein agreed that
on page 3, lines 3-4, that the services provided by a person
would be considered a "valuable thing."
CHAIR HOLLAND asked whether she would like to retain lines 3-4.
2:50:22 PM
SENATOR HUGHES said she did not think the language on page 3,
lines 3-4, was problematic. She stated that the nonprofit would
use unpaid volunteers to collect ballots. They may offer to cook
dinner or clean the kitchen in exchange for helping the person
vote, including making suggestions on voting. Thus, she
suggested leaving in services since it represents a thing of
value being exchanged for the person filling out their ballot.
2:51:08 PM
CHAIR HOLLAND withdrew Conceptual Amendment 1 to Amendment 43.
2:51:18 PM
CHAIR HOLLAND moved to adopt Conceptual Amendment 2 to Amendment
43.
CONCEPTUAL AMENDMENT 2 TO AMENDMENT 43
On page 2, line 9, after "official" add ", a mail
carrier, or a person acting as a representative under
AS 15.20.072.
2:52:05 PM
SENATOR MYERS offered his belief that Conceptual Amendment 1 to
Amendment 43 better addressed the issue. He referred to lines 3-
4 to sub-subparagraph (iv), which falls under subparagraph (B)
"does not include." Conceptual Amendment 2 to Amendment 43 would
say that the person acting as the representative could cook
dinner, and it would not be counted as a valuable thing.
However, Conceptual Amendment 1 strikes lines the language on
page 3, lines 3-4, which would address Senator Hughes' concern.
2:53:28 PM
CHAIR HOLLAND read page 1, line 7:
(a) A person commits the crime of unlawful
interference with voting in the second
degree if the person
CHAIR HOLLAND read page 2, lines 8-10:
(B)(8) knowingly pays, offers to pay, or
causes to be paid money or other valuable thing to a
person who is not an election official to collect a
voter's ballot.
CHAIR HOLLAND stated the concern was whether the person would
commit a crime by offering a valuable thing to collect a ballot.
2:54:20 PM
SENATOR HUGHES added that since the person was acting as a
representative, it wouldn't mean the disabled person was having
dinner cooked by the nonprofit representative.
2:54:43 PM
At ease
2:55:19 PM
CHAIR HOLLAND reconvened the meeting. He asked Mr. Klein if
retaining page 3, lines 3-4, would accomplish the committee's
goal.
2:56:13 PM
MR. KLEIN explained that the language on page 3, lines 3-4,
takes the services provided by the person acting as a
representative under AS 15.20.072 out of the definition of
"other valuable thing." The first part of Conceptual Amendment 1
and Conceptual Amendment 2 clarified that providing those
services by acting as a representative under AS 15.20.072 and
collecting the ballot is not a crime; even paying someone to do
that is not a crime. He said he was not clear on the question.
He asked Chair Holland to repeat the question.
CHAIR HOLLAND deferred to Senator Kiehl.
2:57:35 PM
SENATOR KIEHL referred to page 3, lines 3-4. They were part of a
carve-out, which is an exception. He related his understanding
that generally a more restrictive law would have fewer
exceptions and more deleted language, and a less restrictive law
would have more carve-outs and retain the language.
2:58:11 PM
MR. KLEIN agreed that was correct. However, Mr. Flynn described
an exception for "A person acting as a representative."
Essentially that would exclude someone acting as a
representative for someone by collecting their ballot. However,
he was unsure that lines 3-4 would fulfill any intent in a real-
world application.
2:59:08 PM
MR. FLYNN stated that the committee's intent was to prevent
people from ballot harvesting. He stated that the language on
page 3, lines 3-4, was allowing people to be paid in services
provided to someone else acting as a special needs
representative. Essentially, there are three lines of payment.
Someone is getting paid for providing services for a third
person to collect a ballot. Unfortunately, it doesn't line up
with the thing the committee is trying to exempt from an "other
valuable thing." Further, "other valuable thing" in subsection
(a) further defines "other valuable thing by including some
things listed in sub-subparagraphs (A)(i) and (ii) and excluding
others listed in (B)(iii) and (iv). However, none of these are
exhaustive lists. For example, Senator Hughes mentioned
providing dinner could be a "valuable thing." Still, these lists
don't need to include every possible permutation.
MR. FLYNN acknowledged that Mr. Klein was correct. He admitted
that he had misread sub-subparagraph (iii). He opined that it
seemed that sub-subparagraph (iii) should be retained. However,
sub-subparagraph (iv) in conjunction with Conceptual Amendment 1
to Amendment 43 doesn't add anything and would prevent an
impossible situation.
3:00:54 PM
SENATOR HUGHES related a scenario involving Pete, Joe, and
Frank, with Pete being a disabled person, Joe was his paid
helper or representative, and Frank was a bad actor wanting to
vote for Pete and deliver his ballot. She stated that by
retaining the language on page 3, lines 3-4; Joe can cook dinner
and take the ballot to the mailbox, which is fine. The committee
doesn't want Frank coming to the door offering something
valuable to Joe to allow Frank to fill out a ballot with Pete,
which would be allowable in Conceptual Amendment 2. She
expressed concern that allowing a person acting as a
representative would allow Frank to commit a crime by giving
something valuable to Joe. She suggested that creates an
unacceptable situation.
3:02:11 PM
SENATOR KIEHL pointed out that she had described something that
a personal representative cannot do under AS 15.20.072, the
special needs voting law. A personal representative must fill
out a form for each voter they assist and swear an oath that the
voter will fill out the ballot in secret without coercing them.
The statute lists numerous things a personal representative
could not do. He said that is not what Conceptual Amendment 2 to
Amendment 43 will fix.
3:02:50 PM
SENATOR HUGHES responded that the language on page 2, line 9,
reads, "a valuable thing to a person." She suggested that using
her scenario that could be Joe, not the voter.
3:03:17 PM
MR. KING explained that the provision in sub-subparagraph (iv),
the services provided by a person acting as a representative
under AS 15.20.072, are carve-outs [or exceptions] for the
volunteer who collects the ballots. The idea was that if one of
these people needed these services, the services shouldn't' be
considered pay. He referred to AS 15.20.072, "A qualified voter
with a disability who because of that disability is unable to go
to the polling place." If the person is unable to go to the
polling place, they will be unable to collect ballots. He
suggested that this language could be deleted.
3:04:31 PM
MR. FLYNN said he heard Mr. King indicate that sub-subparagraph
(iv) was essentially empty. He acknowledged that these are
policy calls for the committee, but he agreed with Mr. King.
3:05:02 PM
CHAIR HOLLAND withdrew Conceptual Amendment 2 to Amendment 43.
3:05:13 PM
CHAIR HOLLAND indicated he would adopt the language in
Conceptual Amendment 1, which was offered and withdrawn.
CHAIR HOLLAND moved to adopt Conceptual Amendment [3] to
Amendment 43.
CONCEPTUAL AMENDMENT 3 TO AMENDMENT 43
On page 2, line 9, after "official" add ", a mail
carrier, or a person acting as a representative under
AS 15.20.072 delete lines 3-4 on page 3, and on line
2, delete "; and"
CHAIR HOLLAND found no objection, and Conceptual Amendment [3]
to Amendment 43 was adopted
3:06:41 PM
CHAIR HOLLAND stated that Amendment 43, as amended, was before
the committee.
SENATOR KIEHL removed his objection.
CHAIR HOLLAND found no further objection, and Amendment 43, as
amended, was adopted.
3:07:24 PM
SENATOR SHOWER moved to adopt Amendment 44, work order 32-
LS0204\D.62.
32-LS0204\D.62
Klein
4/20/22
AMENDMENT 44
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 13, following line 16:
Insert a new bill section to read:
"* Sec. 30. AS 15.20.066(a) is amended to read:
(a) The director shall adopt regulations
applicable to the delivery of absentee ballots by
electronic transmission in a state election and to the
return by mail of ballots delivered by [USE OF]
electronic transmission [ABSENTEE VOTING IN A STATE
ELECTION BY QUALIFIED VOTERS]. The regulations must
create a system to verify a voter's identity, include
procedures for return by mail of ballots delivered by
electronic transmission that, at a minimum, require
that a voter casting a ballot meet the applicable
requirements of AS 15.20.081(d) - (f), and
[(1) REQUIRE THE VOTER TO COMPLY WITH THE
SAME TIME DEADLINES AS FOR VOTING IN PERSON ON OR
BEFORE THE CLOSING HOUR OF THE POLLS;
(2)] ensure the accuracy and, to the
greatest degree possible, the security, integrity, and
secrecy of the ballot process."
Renumber the following bill sections accordingly.
Page 18, line 2:
Delete "or electronic transmission"
Insert "[OR ELECTRONIC TRANSMISSION]"
Page 26, line 11, following "Sec. 56.":
Insert "AS 15.20.066(b);"
Page 26, line 15:
Delete "sec. 46"
Insert "sec. 47"
Page 26, line 16:
Delete "sec. 47"
Insert "sec. 48"
Delete "sec. 48"
Insert "sec. 49"
Page 26, line 17:
Delete "sec. 49"
Insert "sec. 50"
Page 26, line 18:
Delete "sec. 50"
Insert "sec. 51"
Page 26, lines 18 - 19:
Delete "secs. 46 - 50"
Insert "secs. 47 - 51"
Page 26, line 26:
Delete "Section 45"
Insert "Section 46"
Page 26, line 27:
Delete "Section 58"
Insert "Section 59"
Page 26, line 28:
Delete "secs. 59 and 60"
Insert "secs. 60 and 61"
3:07:30 PM
CHAIR HOLLAND objected for discussion purposes.
3:07:34 PM
SENATOR SHOWER explained that Amendment 44 would address the
vulnerability of electronic mailing ballots. He stated that
faxing was considered more secure than electronic transmission.
Amendment 44 would end electronic voting and require ballots
received by electronic transmission be returned by mail.
Amendment 44 would provide the Division of Elections' director
the authority to develop a system to verify a voter's identity
and develop procedures for returning ballots by mail, such as
returning the ballot in person or to a drop box.
3:08:18 PM
SENATOR SHOWER referred to page 1, lines 12-14, that deleted the
time requirement for submitting electronic transmittal because
those ballots would be returned by mail.
SENATOR SHOWER stated that "security" was added [on line 16] to
provide a more complete description of the things the Division
of Elections should ensure for the ballot process.
SENATOR SHOWER noted the remaining changes were technical and
conforming ones.
3:10:14 PM
SENATOR KIEHL related his understanding that the intent of
Amendment 44 was to eliminate electronic submittal of ballots.
He expressed concern since some Alaskans use this, especially on
Election Day. He stated that he receives calls from
constituents. One might call saying they ordered their absentee
ballot but never received it and wondered what to do.
SENATOR KIEHL said that voters must sign a line on their ballot
acknowledging that their ballot would not be fully confidential.
Once the division receives these ballots, they are sequestered
and examined by the Division of Elections to ensure that no one
would be voting twice. It might be possible for someone to mail
their ballot, which arrived ten days after the polls closed. If
the person ordered an absentee ballot and came to a polling
place to vote, they would need to vote a questioned ballot.
Division of Elections would research the questioned ballots to
ensure that duplicate voting didn't occur. The division conducts
this same identification verification for an absentee-by-mail
ballot. He expressed concern that Amendment 44 would remove one
easy method for voters to vote.
3:12:05 PM
SENATOR SHOWER disagreed. He emphasized that electronic voting
was identified as a high-vulnerability process. He pointed out
that the Division of Elections had experienced a data breach for
103,000 Alaskans, and that data potentially could be used to
obtain a ballot, and they could vote electronically. He stated
that Amendment 44 would prevent someone from submitting their
ballot electronically. He acknowledged that voters should have
more options to return these ballots than by mail, and Amendment
44 gives the director the authority to develop procedures to do
so.
3:13:25 PM
CHAIR HOLLAND withdrew his objection.
3:13:31 PM
SENATOR KIEHL objected.
3:13:37 PM
A roll call vote was taken. Senators Hughes, Myers, Shower, and
Holland voted in favor of Amendment 44, and Senator Kiehl voted
against it. Therefore, Amendment 44 was adopted on a 4:1 vote.
CHAIR HOLLAND stated that Amendment 44 was adopted on a vote of
4 yeas and 1 nay.
3:14:40 PM
SENATOR SHOWER moved to report the committee substitute (CS) for
SB 39, work order 32-LS0204\D, as amended, from committee with
individual recommendations and attached fiscal note(s).
CHAIR HOLLAND found no objection and CSSB 39(JUD) was reported
from the Senate Judiciary Standing Committee.
3:15:06 PM
CHAIR HOLLAND asked the record to reflect that Legislative Legal
Services was authorized to make technical and conforming changes
to meet the intent of the committee.
3:15:24 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 3:15 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS for SB 39 (SJUD) version D.pdf |
SJUD 4/8/2022 1:30:00 PM SJUD 4/18/2022 1:30:00 PM SJUD 4/20/2022 1:00:00 PM |
SB 39 |
| SB 39 SJUD Amendment Pack #2 (4.20.22).pdf |
SJUD 4/20/2022 1:00:00 PM |
SB 39 |
| SB 39 SJUD Amendment #43 (D.61).pdf |
SJUD 4/20/2022 1:00:00 PM |
SB 39 |
| SB 39 Amendment #44.pdf |
SJUD 4/20/2022 1:00:00 PM |
SB 39 |