Legislature(2017 - 2018)BUTROVICH 205
03/08/2018 03:30 PM Senate STATE AFFAIRS
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.
| Audio | Topic |
|---|---|
| Start | |
| SB186 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 186 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 8, 2018
3:32 p.m.
MEMBERS PRESENT
Senator Kevin Meyer, Chair
Senator Cathy Giessel
Senator John Coghill
Senator Dennis Egan
MEMBERS ABSENT
Senator David Wilson
COMMITTEE CALENDAR
SENATE BILL NO. 186
"An Act relating to voter registration; and providing for an
effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 186
SHORT TITLE: VOTER REGISTRATION & PFD APP REGISTRATION
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
02/16/18 (S) READ THE FIRST TIME - REFERRALS
02/16/18 (S) STA, FIN
03/08/18 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
JOSIE BAHNKE, Director
Alaska Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Provided an overview of SB 186.
SARAH RACE, Director
Permanent Fund Dividend Division
Alaska Department of Revenue
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding the
implementation of SB 186.
CAROL THOMPSON, Absentee and Petition Manager
Alaska Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding SB 186.
MIKE COONS, representing self
Palmer, Alaska
POSITION STATEMENT: Testified in opposition of SB 186.
DEBORAH BROLLINI, representing self
Anchorage, Alaska
POSITION STATEMENT: Did not provide a position on SB 186.
PHILLIP MALANDER, Systems Administrator
Alaska Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions regarding SB 186.
ACTION NARRATIVE
3:32:54 PM
CHAIR KEVIN MEYER called the Senate State Affairs Standing
Committee meeting to order at 3:32 p.m. Present at the call to
order were Senators Giessel, Coghill, Egan, and Chair Meyer.
SB 186-VOTER REGISTRATION & PFD APP REGISTRATION
3:33:39 PM
CHAIR MEYER announced the consideration of Senate Bill 186 (SB
186).
3:34:20 PM
JOSIE BAHNKE, Director, Alaska Division of Elections, Office of
the Lieutenant Governor, Juneau, Alaska, noted that she
testified on SB 182 the previous week. She summarized SB 182
would allow voters to designate their residence and mailing
addresses as confidential. She specified that SB 186 is a bill
that addresses an opt-out of voter registration when an
individual applies for a Permanent Fund Dividend (PFD) and
detailed as follows:
In 2016 Alaska voters passed Ballot Measure 1 which
stipulated that information provided on PFD
applications will be used to register to vote or
update the applicant's existing voter registration
unless the applicant opts-out of voter registration.
The intent of Ballot Measure 1 was to automatically
register voters or update existing voter registration
data with information provided on the PFD application.
The ballot measure became law effective March 1, 2017
and in the inaugural year of implementation the opt-
out provision in Ballot Measure 1 required the
Division of Elections to send a notice in the mail to
the PFD applicants giving them an opportunity to opt-
out. If the applicant didn't opt-out within 30 days of
receiving the notice, the PFD application information
was used to register or update the existing
registration record.
The administration is 100-percent supportive of the
intent of Ballot Measure 1 in allowing voters to use
information on their PFD application to update their
existing voter registration. In addition to helping
register Alaskan voters, the administration also
supports other goals of the ballot measure which was
to enhance accuracy of voter rolls and to save the
state money.
3:36:41 PM
MS. BAHNKE explained why SB 186 was introduced as follows:
The reason why SB 186 was introduced is so that the
PFD Automatic Voter Registration process established
with passage of Ballot Measure 1 is truly automated,
more streamlined and cost efficient by allowing
applicants the opportunity to opt-out of voter
registration at the time they are applying for their
PFD. Adoption of SB 186 would allow the Division of
Elections to more effectively manage this new program,
would eliminate the cost of sending out an expensive
mailing every year and would register voters
immediately, eliminating the 30-day opt-out period
required under current law.
She detailed that the since 2015 and prior to voter approval of
the PFD Automatic Voter Registration, the Division of Elections
made several technological advancements to improve access,
efficiency and voter registration rolls. She detailed as
follows:
The division has fully implemented an online voter
registration process, making registering to vote or
updating an existing voter registration easy and
efficient. When the PFD Automatic Voter Registration
petition was being circulated, online voter
registration was not yet available. Since being
implemented in November 2015, 49,000-plus voters have
used the Online Voter Registration System (OLVR) to
either register or update their existing voter
registration.
The Division of Elections has also fully automated the
process of receiving voter registration information
electronically from the Division of Motor Vehicles
(DMV) when Alaskans update their driver's license or
state ID. When the PFD Automatic Voter Registration
petition was being circulated, the DMV registration
process was not automated, and registrations were sent
to division on paper applications. Since
implementation, 63,000-plus voters have either
registered or had their existing voter registration
updated through the DMV electronic process.
3:39:30 PM
MS. BAHNKE explained the changes that would occur if SB 186 is
approved as follows:
If SB 186 is adopted the PFD Automatic Voter
Registration process will closely mimic how the
Division of Elections presently receives and handles a
majority of voter registrations; it would save an
estimated $200,000-plus annually in mailing costs and
provide for a mechanism by which voter registration
transactions performed by the division are fully
automated and reduce paper transactions.
Should SB 186 become law, PFD applicants will have the
opportunity to decline to register to vote or to
update their registration at the time of completing
their PFD application; this change will provide a more
efficient and user-friendly mechanism for voters to
decide to opt-out by eliminating the opt-out notice in
the mail to reduce paper transactions and saving costs
in mailing the opt-out notice to eligible applicants.
3:41:09 PM
SENATOR COGHILL asked if the Division of Elections received
legal analysis on whether the bill is a significant or minimal
change to the initiative.
MS. BAHNKE answered yes. She explained that the legal
determination was that the technical fix to the bill would not
change the intent of the ballot initiative.
SENATOR COGHILL asked to confirm that in the PFD application
that a person would now get an opt-out "block" on their
application rather than a mailing.
MS. BAHNKE explained that the online application would be a two-
step opt-out process rather than strictly an unsubscribe-box to
opt-out.
3:43:17 PM
SENATOR COGHILL inquired if a voter opt-in registration would be
a violation of the initiative.
MS. BAHNKE replied that an opt-in would significantly change the
intent of the initiative.
SENATOR COGHILL asked her to explain the two-step process.
MS. BAHNKE explained that the applicant during the online
process will have two opportunities to verify their action.
SENATOR COGHILL summarized that a person would have to decide
before completing their PFD application.
MS. BAHNKE answered correct.
3:45:07 PM
SENATOR EGAN asked if the state's "myAlaska" system could be
used because it seems that it would save a lot of money.
MS. BAHNKE answered that the division discussed that idea and
found it would create a significant fiscal note.
SENATOR EGAN asked her to confirm that coordinating with
myAlaska would create a significant fiscal note.
MS. BAHNKE answered correct.
CHAIR MEYER asked why using myAlaska would create a large fiscal
note for.
MS. BAHNKE replied that she would get back to the committee with
an answer.
SENATOR EGAN opined that using myAlaska should save money rather
than cost more money because myAlaska is all set up.
SENATOR GIESSEL pointed out that myAlaska is used to apply for
the PFD online.
MS. BAHNKE suggested that Sarah Race, director for the Permanent
Fund Division, should be able to address Senator Egan's
question.
SENATOR EGAN noted that he uses myAlaska to file Alaska Public
Offices Commission (APOC) reports. He pointed out that everyone
working at the capitol has a myAlaska account.
3:46:52 PM
SARAH RACE, Director, Permanent Fund Dividend Division, Alaska
Department of Revenue, Juneau, Alaska, pointed out that signing
up online for a PFD does not require a person to have myAlaska.
She specified that a person can file for their PFD online, but
they would have to print a signature page.
SENATOR EGAN pointed out that using the printed signature page
requires the use of a facsimile machine. He opined that using
myAlaska is a lot easier.
MS. RACE conceded that she wished she could convince everybody
to use myAlaska but there are individuals that choose to file
online with a signature page rather than using the myAlaska
electronic signature feature.
3:48:20 PM
SENATOR COGHILL asked if the opt-out option in the bill changed
the one-step process to a two-step process.
MS. RACE answered that the division is working out the two-step
logistics. She detailed that the division is considering an
online opt-out choice that is followed by a paper application
that is mailed.
SENATOR COGHILL noted that the two-step process would end up
with a significant portion of mail flowing back and forth. He
asked if the opt-out form would be prepaid and foldable.
MS. RACE replied that the division has not worked out all the
logistics. She noted that another consideration is to first
follow up with an e-mail to first verify before mailing an opt-
out form. She concurred that consideration must be given to
handling paper. She disclosed that the division still receives
100,000 to 120,000 paper PFD applications a year.
SENATOR COGHILL pointed out that verifying an individual's
identification is self-qualifying without a witness. He noted
that in-person voter registration requires an affidavit. He
asked what occurs if the division finds out that a person is not
who they say they are.
MS. BAHNKE answered that voter registration would be declined.
3:51:32 PM
CAROL THOMPSON, Absentee and Petition Manager, Alaska Division
of Elections, Juneau, Alaska, explained that the division is
required to verify voter proof of identity. She disclosed that
the division verifies through DMV and the Social Security
Administration. She explained that if a new voter's identity
cannot be verified then a manual review occurs through DMV and a
type of Help America Vote Act (HAVA) processes to ensure an
individual is identifiable.
SENATOR COGHILL asked for an explanation of the review process.
MS. RACE answered that first-time filers go through a step
beyond checking with DMV where an individual is also asked for
their birth certificate or passport. She disclosed that the
division matches information with DMV on an annual basis.
SENATOR COGHILL noted that DMV has the social security numbers
and birth certificates. He said DMV applications have an opt-in
to register to vote. He asked if the process is self-verified.
3:53:23 PM
MS. THOMPSON answered that DMV does have requirements for
verifying a person's identity. She explained that under federal
law, the division is required to access DMV to verify if an
individual has a valid driver's license on file. She said the
division accesses the Social Security Department database if an
individual does not have a record in DMV. She summarized that a
person is specially coded in the division's system if they are
not verified through DMV or the Social Security Administration
where the person must present their identification when they
show up to vote.
SENATOR COGHILL asked how the Division of Elections checks to
ensure that felons do not vote.
3:55:23 PM
MS. THOMPSON replied that the division receives the felon list
from the court system that allows people to be tagged as felons.
She added that the PFD list allows the division to compare to
their list to locate any known felons. She emphasized that the
division checks the felony lists monthly.
SENATOR COGHILL noted that his work in criminal justice reform
has shown him that the Division of Elections, "has holes in the
system." He continued as follows:
That's why I was interested in the process because
what we have set up here under the initiative was a
system that is a little more open, but it requires us
to actually be able to tell who people are. So, that's
why I've kind of snooped down the opt-in version and
even though you think it is unconstitutional, I'm not
convinced yet. So, I will probably snoop in there a
little further because I think that might be a cleaner
way of getting people to act, but I will look at your
two-step process because I see an amendment here that
looks like that's going to be part of the discussion.
3:57:09 PM
MS. BAHNKE detailed that when Congress passed the National Voter
Registration Act in 1993, Alaska became an opt-in state through
the "Motor Voter Law." She disclosed that the division has been
processing opt-in voter registrations since 1994 through the
paper application process until 2016.
She detailed that people applying for their driver's licenses
are asked if they want to register to vote or update their voter
information. She noted that the changes from SB 186 would allow
the PFD process to mimic the DMV process where PFD applicants
are asked if they want to opt-out.
MS. BAHNKE addressed Senator Coghill's concern regarding the
felon list and detailed how the division has made great strides
in improving the quality of the felon list. She disclosed that
prior to the 2017 the division relied on a list from the
Department of Corrections, but the report system was changed in
coordination with the court system for weekly updates to catch
those that may have fallen through the cracks.
3:59:43 PM
SENATOR COGHILL asked how long the new reporting process has
been used.
MS. BAHNKE answered approximately six months.
SENATOR COGHILL commented that he believed the reporting change
is a good solution.
He addressed voter opt-in and opt-out options as follows:
The principle that I think about when I think about
this is one is, the state has the right to register
unless you say "no." The other one is, you get to
register if you say "yes." So, one is on the
responsibility of the individual to say the government
shouldn't include me, the other one says, "No, we want
you included," and I prefer that methodology. So
that's why you will probably seeing me going down that
road, hunting down that road, and I know it's kind of
the question on the initiative, I don't know that's a
constitutional question other than the initiative
timing, so I am going to look at it.
4:00:57 PM
SENATOR EGAN asked why the Division of Elections does not use
myAlaska. He said he cannot imagine $200,000 being spent for the
implementation that the division explained when myAlaska can be
used.
MS. BAHNKE answered that the division has had its own portal
through its Online Voter Registration (OLVR) since 2015.
SENATOR EGAN inquired why the division does not consider using
myAlaska as well. He opined that using myAlaska seems to be
easier for the filer since 90 percent of the state's population
is using myAlaska. He remarked that using myAlaska will allow
people to avoid having to use multiple sites.
MS. BAHNKE explained that the division embedded the registration
process into the PFD applications three year ago and the process
has been very effective at no cost.
CHAIR MEYER asked if voter registration could be done through
myAlaska.
MS. THOMPSON replied that voter registration cannot be done
through myAlaska. She explained that a cost would be associated
with adding myAlaska, but the division would get back to the
committee.
CHAIR MEYER concurred with Senator Egan that using myAlaska was
the most logical way to go.
4:05:37 PM
MS. RACE replied as follows:
I believe that was the intent of the voter initiative,
to allow individuals to apply for their dividend and
do exactly what you are speaking to, to have kind of a
one-stop shop, "I can go ahead and apply for my
dividend and also be registered to vote as well;" I do
believe that was a big part of the intent of the
initiative.
CHAIR MEYER concurred and asked the division to get back to the
committee on using myAlaska.
SENATOR EGAN suggested that the link could be changed.
CHAIR MEYER commented as follows:
It's concerning, we had another bill last week about
folks that may be a victim of sexual assault or
domestic violence and then making sure that they are
not included in the voter registration printouts that
people can get that right now you charge $20 and I
think the sponsor of that bill wants to up that as
well. My concern is, and especially after we recently
heard that Alaska is one of the seven states that the
Russians hacked into, how can we assure our
constituents that the system is secure and that this
information now that we are getting either through the
PFD or DMV or voter registration is not getting out
into the wrong hands?
4:07:26 PM
MS. BAHNKE asked if Chair Meyer was asking about voter
registration and the division's election management security
system.
CHAIR MEYER answered correct.
MS. BAHNKE replied as follows:
The NBC report reported that Alaska was one of seven
states that had a part of their election system
compromised, this was not our voter registration
election management system. We had an IP address
associated with these Russian hackers that had visited
our public-facing website and the analogy was like a
burglar knocking on the door and rattling the door
knob and then moving on from that, this did not occur.
We have many layers of security with our voter
registration election management system. We've
implemented very robust controls to access controls
and have also implemented many measures aside from
collaborating with [Department of Homeland Security]
(DHS) to conduct some scans and doing some cyber
hygiene testing with us, so we have a lot of things
built into that.
I think your question is a very important question.
Election security is central to the focus of us as
election administrators and certainly is worthy of a
discussion that we are happy to follow up on, but we
are very confident in the security of it, but we are
also very vigilant in the fact that these threats are
out there ongoing and taking measures that we can to
protect voter registration information.
4:09:49 PM
CHAIR MEYER asked if Alaska's election system was not
compromised.
MS. BAHNKE replied as follows:
This story is the same from last September is that we
were one of 21 states that had a known Russian IP
address visit our public information website which is
totally separate than our election management
database.
CHAIR MEYER noted that the NBC report said, "One of seven
states."
SENATOR EGAN emphasized that the Russian IP address looked at
the website.
CHAIR MEYER asked if the Russian IP address visited 7 or 21
states.
MS. BAHNKE clarified that the previous week's NBC story
mentioned seven.
CHAIR MEYER asked if she was saying that the number was really
21.
MS. BAHNKE answered as follows:
Initially it was, that was the report last week. DHS
has denied that they have anymore information. We've
been in direct contact with DHS, our contacts there.
We've been in direct contact with the state [Office of
Information Technology] (OIT) office and there's no
proof supporting that.
4:11:02 PM
CHAIR MEYER asked how people get a PFD versus those that are
already registered to vote.
MS. RACE replied approximately 672,000 individuals applied for
the PFD last year.
CHAIR MEYER asked how many of those individuals are registered
voters.
MS. THOMPSON responded that there are 540,000 registered voters
in Alaska.
SENATOR COGHILL remarked that the proper question to compare
apples-to-apples is how many individuals that receive a PFD are
of voting age.
MS. RACE answered correct. She said she would get back to the
committee with the number of individuals that receive a PFD that
are over the age of 18.
SENATOR EGAN asked how often the division purges its voter
registration list and if purging process is based on federal
law.
MS. THOMPSON replied that the division purges its voter
registration list on an annual basis. She disclosed that the
division is part of a program called Electronic Registration
Information Center (ERIC) and has started using ERIC to compare
Alaska data with other states. She detailed that the department
now looks at voters that potentially may be in another state.
She added that ERIC provides death notices as well and noted
that approximately 700 voters were inactivated in the fall of
2017. She added that ERIC provides intrastate movement
information that the division compares with its database. She
said the division is always actively looking for ways to cleanup
and the Permanent Fund automatic voter registration process is
another method for narrowing down the pool of people.
4:14:40 PM
SENATOR EGAN noted that his mothers name remained on the voter
registration list for two years after she passed.
MS. THOMPSON disclosed that updating the voter registration list
is dependent on how fast the division receives information from
other sources. She noted that as a son, Senator Egan could have
notified the division and asked that her mother's name be
removed.
4:15:51 PM
CHAIR MEYER opened public testimony.
4:16:17 PM
MIKE COONS, representing self, Palmer, Alaska, testified in
opposition of SB 186. He asserted the following:
• A felon that applies for a PFD may be able to register to
vote.
• Illegal aliens may use fraudulent forms of identification
that passes through the PFD application process and makes
it easier for voter fraud to occur.
• SB 186 unnecessarily adds another website voter
registration avenue and layer.
• SB 186 would require $283,000 in spending.
• Additional eligible voters that ultimately do not vote may
decrease the state's currently low voter percentage turnout
rate.
MR. COONS noted that recent data published by the Permanent Fund
Division showed that LexisNexis software stopped 224 ineligible
dividend payments in 2016 and the state is trying to collect
another $435,000 in dividends over the past 6 years from
individuals that the software identified as ineligible,
including another 111 in 2015. He said LexisNexis stopped
approximately 570 fraudulent applications and pointed out that
if SB 186 was currently in effect with no safeguard like
LexisNexis, potentially 570 people would have voted illegally.
4:20:50 PM
CHAIR MEYER closed public testimony.
SENATOR COGHILL noted that the division uses ERIC to compare
with other states and pointed out its need due to Alaska's
dynamic population changes from the military. He recalled a
discussion on the comparison of mirror images rather than a
transfer of data and asked if the issue was still true.
MS. THOMPSON asked Senator Coghill to clarify.
SENATOR COGHILL asked how long the division has been doing
state-to-state comparisons.
MS. THOMPSON replied that the division has been using the ERIC
process since 2017.
SENATOR COGHILL asked if the ERIC process is a comparison of
data rather than a transfer of data.
MS. THOMPSON answered correct.
SENATOR COGHILL asked if the initiative has changed the
security, applications and flow of information for the PFD.
4:22:53 PM
MS. RACE replied as follows:
2017 was our first go-around at it. We had transferred
data over for the March filers of 2017 and we did have
to make some changes to the certification page.
Obviously, we wanted to make it clear that individuals
by filling out a PFD application were registering to
vote, so that was really the biggest change that they
saw in the application in 2017.
If this bill is passed, we will have additional
changes that will be the notification of wanting or
offering to opt-out and then any additional follow up
that we have as the two-step process.
As far as security, it hasn't changed the security. We
all are within the state's security system and behind
the state's security office.
4:24:04 PM
CHAIR MEYER opened public testimony.
4:24:13 PM
DEBORAH BROLLINI, representing self, Anchorage, Alaska, did not
provide a position on SB 186. She noted that an error had
occurred where she was registered to vote both under her maiden
and married names.
4:25:18 PM
CHAIR MEYER closed public testimony.
He pointed out that the fiscal note is dependent on a grant and
asked if the division is confident it will receive the grant. He
inquired if the grant is coming from the [Center of Secure and
Modern Elections].
MS. BAHNKE replied that the grant from the Center of Secure and
Modern Elections is no longer an option and the cost would have
to be absorbed by the Permanent Fund Dividend Division for an
additional appropriation.
CHAIR MEYER asked if that the cost is $35,000.
MS. RACE specified that the cost is $29,700. She explained that
the amount was placed in the fiscal note as an estimated
supplemental cost if the grant did not go through.
CHAIR MEYER said the Senate Finance Committee will address the
supplemental cost.
SENATOR GIESSEL asked for a sectional analysis of SB 186. She
noted that documents were presented to committee members and
inquired where the documents came from.
SENATOR COGHILL pointed out that the fiscal note is without the
amendment for the two-step process. He said the two-step process
adds a little complication. He assumed that the cost for the
change is minimal. He asked what the cost is for the Alaska
Permanent Fund auto registration. He noted that a mailing cost
will be involved, something that the division is trying to
avoid.
4:28:03 PM
MS. BAHNKE explained that the PFD Automatic Voter Registration
Law became effective on March 1, 2017 and detailed the process
as follows:
• 158,000 PFD applicants were processed between March 1 and
March 31, 2017.
• 76,000 mailers were sent out.
• 27,000-plus mailers were manually processed.
She said the aim of SB 186 is to eliminate the need for a costly
mailer to go out to every new voter or existing voter to update
their information, because the division has many other ways to
address new and existing voters.
She explained that the $200,000 cost would not only cover
sending the mailers out, but also includes the printing costs,
reply mail, producing and mailing a new voter card. She said the
division still envisions having the staff time required to
process paper applications, approximately 100,000.
She explained that the Division of Election does not have a
fiscal note because implementation is not going to cost the
division and asserted that the division is going to save the
state money. She disclosed that under the initiative the
division did not receive an appropriation to implement the PFD
Automatic Voter Registration; however, since passage the
division is required to invest in changes to its software
program to create a 30-day hold period for applicants to be in
the division's system and eventually to import some of them, not
all of them. She explained that the other costs have been
associated with the direct mailing in addition to staff time to
process. She said the division does not see the staff-time cost
to process going away; however, the division does see the cost
going away with the mailing.
She addressed Senator Giessel's question regarding documentation
and noted that the numbers in the documents were estimated on
the division's actual implementation of voter registration in
2017.
4:31:23 PM
SENATOR COGHILL commented as follows:
This is one of the reasons why initiatives are tough
to work through because they deliver not only
complicated laws, but sometimes unworkable, and then
they can't make appropriations, so they force on us
ways to spend money and quite often they are trying to
save money, but this is one of the reasons why I
struggle with initiatives.
CHAIR MEYER asked for a sectional analysis.
4:32:15 PM
MS. BAHNKE reviewed the sectional analysis as follows:
Section 1:
Establishes the voter registration requirements that
an applicant must provide in their PFD application to
register to vote.
Section 2:
Establishes that the Division of Elections will use
the application information provided on the PFD
application to register eligible applicants to vote or
update their voter registration if they did not
decline voter registration when completing their PFD
application.
Section 3
Establishes that the Division of Elections will
process eligible voter registration applications
received from the PFD and send voters notification of
their registration status which would not be the
mailer, it would actually be the voter registration
card. This section also removes the requirement to
send a paper opt-out notice to voters who are targeted
as new voter registrations or updated registrations.
Section 4:
Removes the requirement for the applicant to respond
to the opt-out notice within 30 days.
Section 5:
Establishes that PFD will only submit data for
applicants that did not decline to register to vote.
Section 6:
Establishes that changes in this law will be effective
for PFD applications starting on January 1, 2019.
4:34:15 PM
CHAIR MEYER pointed out that section 7 through section 9 were
not addressed.
SENATOR GIESSEL asked who wrote the sectional analysis.
MS. BAHNKE replied that the Division of Elections did the
sectional analysis.
SENATOR GIESSEL remarked that the sectional analysis is usually
a bit more thorough.
MS. BAHNKE explained that sections 7 through 9 allow the
Department of Revenue and the division to adopt regulations
necessary to implement the changes.
SENATOR GIESSEL asked how long it will take to write the
regulations.
MS. THOMPSON replied approximately six months.
SENATOR GIESSEL remarked that public notice and public comment
generally takes more than six months. She remarked that the
January 1, 2019 effective date will be called into question. She
asked when the last day is to apply for a PFD.
4:36:33 PM
MS. THOMPSON replied March 31.
SENATOR GIESSEL opined that the window is narrow for folks to
apply for a PFD and apply to vote. She asked if alternate ways
to register will be in place as well.
MS. RACE answered that the plan is to maintain the same method
for the 2018 application. She noted that the change would occur
on the 2019 application where an opt-out would be allowed.
SENATOR GIESSEL commented as follows:
My point was that starting on January 1, 2019 now have
until March 31, 2019 to apply for a PFD therefore
registering to vote. So, after March 31 you must have
a backup plan in place.
MS. RACE explained that the Division of Elections has its online
voter registration that people are currently using.
SENATOR GIESSEL asked if the online voter registration that
people are currently using will still be maintained.
MS. BAHNKE answered correct.
MS. THOMPSON confirmed that the division's online voter
registration plus DMV will still be an option. She explained
that applicants will be able to submit forms to the division in
any manner.
4:38:21 PM
CHAIR MEYER asked if the option will be available after March 31
but not on myAlaska.
MS. THOMPSON replied that the division will get back to the
committee on myAlaska.
SENATOR GIESSEL addressed the document that the division
presented, "Improving Alaskan Elections 2018 and Beyond." Noting
that the document stated that the lieutenant governor in 2015
convened an election-policy workgroup, she asked who served on
the workgroup.
MS. BAHNKE detailed that the ad hoc group included the
following:
• Former lieutenant governors:
o Fran Ulmer,
o Craig Campbell,
o Mead Treadwell.
• Representatives from the Senate and House:
o Senator Gary Stevens,
o Representative Jonathan Kreiss-Tomkins.
• Municipal and borough clerks from:
o Ketchikan,
o Juneau,
o Kenai Peninsula Borough,
o Municipality of Anchorage,
o Fairbanks North Star Borough,
o City of Bethel,
o City of Sitka.
• Advocacy groups:
o League of Women's Voters,
o Get Out the Native Vote,
o Alaska Federation of Natives (AFN),
o First Alaskans Institute,
o Native American Rights Fund.
MS. BAHNKE said she would send a roster to committee members.
4:41:16 PM
SENATOR GIESSEL asked Ms. Bahnke to include information on the
Center for Election Innovation and Research (CEIR). She inquired
where CEIR gets its funding, where are they located, and what is
the bio of David Becker who is the executive director. She
remarked that there is virtually no information about CEIR in
the document that was presented to the committee.
SENATOR EGAN noted that the documents showed that the Alaska
Association of Municipal Clerks supported House Bill 352 (HB
352).
MS. BAHNKE explained that HB 352 is the companion bill to SB
186.
CHAIR MEYER referenced page 4 of the memo that Senator Giessel
addressed and noted that the last paragraph on that page calls
attention to voter trust in elections. He asked the division's
systems administrator to assure members that the state's voting
system is secure, even with the inclusion of the different ways
for voter registration now with DMV and the Permanent Fund
Dividend Division. He noted that there is an amendment and asked
if it came from the Division of Elections.
MS. BAHNKE answered yes.
CHAIR MEYER asked what the amendment proposes to do.
4:44:15 PM
MS. BAHNKE replied that the amendment makes simple changes that
deals with eligibility, statutory conformity, and opt-out
standards, current registered voters, and allowing the division
director to adopt regulations. She detailed as follows:
• The first one deals with eligibility, the word "eligible"
was deleted to provide an area of clarity and to streamline
the voter registration process with regards to PFD
applicants and registered voters.
• The second is for conformity by adding reference to the PFD
statute.
• The third sets opt-out standards and allows the director to
come up with procedures including this idea of a two-step
process.
• The fourth, we are adding back in already registered to
vote because the Division of Elections will want to provide
newly registered voters a voter card, it's not eliminating
that part of the mailing, so they receive their voter card.
• The fifth, allows the division director to adopt
regulations.
CHAIR MEYER referenced an NBC news report that stated Alaska was
one of seven states that had its website or voter registration
system compromised by Russian-backed hackers during the 2016
election. He asked if the division can assure the committee that
the state's system is safe while allowing folks to register to
vote via the Alaska Permanent Fund. He inquired if the
additional voter registration processes create more of a
security risk.
4:46:25 PM
PHILLIP MALANDER, Systems Administrator, Alaska Division of
Elections, Juneau, Alaska, replied as follows:
I can assure you that to date there's been no evidence
provided to us that any breach of a nature that should
in anyway diminish folks' trust in the election has
occurred. DHS has come out and discussed that NBC
report and they have asserted that they also have no
information that any of our systems were compromised
in any way that would be material to anything.
Again, the scanning of a site is a somewhat common
practice to occur for public-facing websites and
scanning a site that only contains public information
also was of little concern in relation to it being a
threat; that said, we do take all scanning seriously,
so we are watching who scans our sites, and DHS is
watching and the state OIT office is watching. So,
there are many layers to the security that is in place
on these subjects.
CHAIR MEYER asked what DHS stands for.
MR. MALANDER answered the Department of Homeland Security.
4:48:24 PM
CHAIR MEYER asked Ms. Bahnke if she had any parting remarks.
MS. BAHNKE summarized as follows:
A lot of times with these ballot initiatives, they
haven't gone through the legislative process and there
is a need to make clarifying amendments, to make
harmonizing amendments to make the law solid, and we
saw this as an avenue to do that and then also as an
opportunity to optimize the idea of the opt-out
process of voter registration.
The Division of Elections did not receive an
appropriation to implement this, we have absorbed the
cost of this implementation for the first year, this
is not something that we are going to be able to
continue to every election cycle without an additional
appropriation.
In the interest of saving cost to the state and also
to create a more efficient process, this is the reason
for the bill, this is pretty straight forward, and we
would like to as a division, because of absorbing
those costs, we have not been able to focus on other
projects that we would like to do to innovate and to
modernize Alaska's election system, and also to keep
it secure. So, we see this as a cost saving measure
and also as a way to clean up the bill as it was
written.
4:50:31 PM
SENATOR GIESSEL asked Ms. Bahnke to look at the fiscal note and
include the cost of the regulation package that the division
will put forth. She asserted that there is a cost to the
regulation package.
CHAIR MEYER held SB 186 in committee.
4:51:39 PM
There being no further business to come before the committee,
Chair Meyer adjourned the Senate State Affairs Standing
Committee at 4:51 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 186 Sponsor Statement.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Version A.PDF |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Sectional Analysis.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Supporting Document - DOE bullets points.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Supporting Document - Election Policy Work Group Report.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Supporting Document - Excerpt from 2017 DOE Fiscal Policy Challenges Report.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Fiscal Note Elections OMB21.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Fiscal Note PFD OMB981.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Amendment 1.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Supporting Document - Letter of Support AAMC.pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |
| SB 186 Opposition Testimony (revised 3.8.2018).pdf |
SSTA 3/8/2018 3:30:00 PM |
SB 186 |