Legislature(2019 - 2020)BUTROVICH 205
05/02/2019 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB116 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 116 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
May 2, 2019
3:34 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator John Coghill, Vice Chair
Senator Lora Reinbold
Senator Peter Micciche
Senator Scott Kawasaki
COMMITTEE CALENDAR
SENATE BILL NO. 116
"An Act relating to elections and voter registration;
designating as a class C felony the intentional opening or
tampering with certain election materials; establishing an
election offense hotline; and providing for an effective date."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: SB 116
SHORT TITLE: BALLOT CUSTODY/TAMPERING; VOTER REG
SPONSOR(s): SENATOR(s) SHOWER
04/24/19 (S) READ THE FIRST TIME - REFERRALS
04/24/19 (S) STA, JUD, FIN
04/30/19 (S) STA AT 3:30 PM BUTROVICH 205
04/30/19 (S) -- Meeting Postponed to 5/1/19 at 3:30
p.m. --
05/01/19 (S) STA WAIVED PUBLIC HEARING NOTICE, RULE
23
05/01/19 (S) STA AT 3:30 PM BUTROVICH 205
05/01/19 (S) -- Meeting Rescheduled to 5/2/19 --
05/02/19 (S) STA AT 3:30 PM BUTROVICH 205
WITNESS REGISTER
SCOTT OGAN, Staff
Senator Mike Shower
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Delivered the sectional analysis for SB 116.
TERRANCE SHANIGAN, Staff
Senator Mike Shower
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Provided information related to SB 116.
GAIL FENUMIAI, Director
Division of Elections
Juneau, Alaska
POSITION STATEMENT: Answered questions and provided information
related to SB 116.
ACTION NARRATIVE
3:34:45 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:34 p.m. Present at the call to
order were Senators Reinbold, Coghill, Micciche, and Chair
Shower. Senator Kawasaki arrived as the meeting was in progress.
SB 116-BALLOT CUSTODY/TAMPERING; VOTER REG
3:35:22 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 116,
"An Act relating to elections and voter registration;
designating as a class C felony the intentional opening or
tampering with certain election materials; establishing an
election offense hotline; and providing for an effective date."
He stated that this is the first hearing and the intent is to
hear the introduction, go through the sectional analysis and
take committee questions.
CHAIR SHOWER, speaking as sponsor, introduced SB 116 reading
from the following sponsor statement: [Original punctuation
provided.]
Election integrity matters. Every vote counts. Gaps in
the current law have changed the outcome of recent
elections. In 2019 one vote was not counted because of
the automatic mandatory voter registration on the
Permanent Fund application. Other elections in the
recent past have been called into question because of
ambiguous election protocol policy. Patriots have
given their last full measure for the sacred right to
elect our representatives in our republic. We hold
that sacrifice sacred.
SB 116 codifies strict chain of custody protocols into
the handling of ballots and election reports. It
mandates that all ballots be in a strict chain of
custody all the way back to a central location where
they can be destroyed after all ballots have been
accounted for by the Elections Board. Current practice
allows ballots to be destroyed in precinct without
central accounting.
SB 116 requires the director to establish in
regulation, best practices for chain of custody
protocols, and provides affected parties reasonable
notice for ballot handling observation opportunities.
It establishes an election offence hotline number that
is conspicuously posted at polling areas and on the
election privacy envelopes. It "deputizes" citizens
and every voter becomes empowered, if they see
something, they can now effectively say something. It
requires election workers to immediately notify the
Director of any irregularities, then allows for an
audit of ballots in precinct, immediately after the
election;
There are no better checks and balances than
empowering voters themselves to become election
watchdogs.
Other Highlights in the bill:
? Requires reasonable notice to affected parties of
ballot handling out of chain of custody;
? Eliminates mandatory PFD voter's registration and
converts it to "opt in";
? Codifies the Division of Elections to notify voters
if their ballot was not counted;
? Does not allow the Director or Lt. Governor to
certify the results until every ballot has been
accounted for;
? Requires electronic and paper ballots to be
destroyed at a single location, only after the
director expressly authorizes destruction and
subsequently certifies via public notary, that the
ballots and paper records have been destroyed;
? Prohibits facsimile voting;
? Makes it a Class C Felony to intentionally open or
tamper with ballots without the express authorization
of the Director
CHAIR SHOWER related the intent is to improve the integrity of
the election process. He advised that the election system is
currently under audit so the bill won't move forward until that
is complete and the suggestions and findings are analyzed.
3:39:01 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, introduced himself.
TERRANCE SHANIGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, introduced himself.
3:39:18 PM
MR. OGAN delivered the following sectional analysis for SB 116:
Section 1: Codifies opt in to register to vote on the
PFD application.
Section 2: Eliminates facsimile language changes it to
form of electronic transmission.
Section 3: Clarifies that the division shall register
voters.
Section 4: Cleans up language with new voter
registration protocols.
Section 5: Applicant must expressly request to be
registered to vote.
Section 6: Adds new section requiring the director to
establish by regulation a strict chain of custody
protocol.
1. All ballots will be returned to a single point
of receipt.
2. Digital reports treated with same chain of
custody protocols.
3. All ballots must be accounted for before the
election can be certified.
4. Breaks in chain of custody, requires the
director to notify the Attorney General, the Lt.
Governor, each affected candidate, or organized
group that sponsors or opposes an issue on the
ballot.
5. Requires the director to give 24 hours' notice
to said groups of any planned breaks in the chain
of custody.
6. Election workers that see an irregularity can
call for a hand audit of ballots and records
immediately after the polls close.
7. Election offense hotline is established during
voter hours to receive citizen reports of any
observed irregularities. Signs will be
conspicuously posted at polling places and on
ballot envelopes and voting machines.
Section 7: Requires the Division to provide election
offense notices and requires the notices to be posted.
Section 8: Outlines protocols for voter notification
if their vote is not counted and how to avoid the
issue in the future.
Section 9: The director may not certify the election
until each ballot or paper record is accounted for.
Section 10: Outlines protocols for ballot destruction.
Requires a notarized statement of destruction from the
director.
Section 11: Prohibits voting by facsimile.
Section 12: Conforming language with electronic voting
modalities.
Section 13: Adds "opens or tampers" with a sealed
ballot certificate, or ballot packages, without
express authorization from the director.
3:46:10 PM
SENATOR REINBOLD asked if this addresses the potential for
tampering associated with mail-in ballots for Anchorage
municipal elections.
MR. OGAN clarified that the bill does not apply to municipal
elections.
SENATOR REINBOLD opined that the discussion about mail-in
ballots for municipal elections needs to continue and it should
be in the context of this bill. She stated support for SB 116.
CHAIR SHOWER related that the states his office contacted
generally have not given a lot of thought to the integrity
issues associated with mailed ballots. Those states claim their
systems work great, but he doesn't buy it if they don't have
verification protocols in place. He said his office is looking
at ways to tighten Alaska's voting system but at this point he
doesn't see any good answers to the problems associated with
mailed ballots. He clarified that this is an ongoing discussion
and he welcomes any and all feedback.
MR. OGAN said he'd be happy to look into the authority the state
has to look into municipal elections if directed to do so.
CHAIR SHOWER said he believes in decision-making at the lowest
possible level, but it doesn't hurt to ask about the authority.
3:50:20 PM
SENATOR COGHILL said he doesn't know about the legality of state
overreach into municipal elections, but while discussing the new
system "it might be interesting to hear what that might look
like both for us and the municipals."
MR. OGAN continued the sectional analysis for SB 116.
Section 14: Conforming language to opt in voter
registration.
Section 15: Additional conforming language for opt in
voter registration.
Section 16: Codifies date of when the changes in bill
apply.
Section 17: Authorizes the department to adopt
necessary transition regulations.
Section 18: Establishes the effective date for Sec. 17
immediately.
Section 19: Establishes the effective date for the
rest of the bill.
Please Note: Sections 1-5, and 14 & 15 are clarifying
and technical sections that all revolve around the
main policy call change in this bill that ensures that
a dividend applicant must request to be a registered
voter, changing from current law where dividend
applicants become voters automatically without
expressed permission.
3:51:23 PM
MR. SHANIGAN suggested that the director of the Division of
Elections may be able to answer questions about mail-in ballots
and the state's ability to influence local elections.
3:52:37 PM
GAIL FENUMIAI, Director, Division of Elections, Juneau,
explained that the Municipality of Anchorage (MOA) receives the
list of registered voters from the Division of Elections and
that any registered voter who claims an intent to return to the
state remains on the list. She said the onus is largely on the
individual to notify the division that they wish to cancel their
registration, because the division cannot cancel a voter
registration without written notice from the voter. She also
described the process of notification from other state elections
offices and the cross-state project to match voter registration
lists with other states, all of which help with accuracy.
SENATOR REINBOLD asked if she had an idea of how many people
aren't residing in Alaska and voting but claim an intent to
return to the state.
MS. FENUMIAI answered that she didn't know. About 550,000 people
are registered but the division doesn't track how many are
physically present in the state.
SENATOR REINBOLD said she's trying to figure out how many
ballots are sent out that never reach the addressee because they
aren't living in the state. She cited the example of her two
sons who aren't in the state right now but received mail-in
ballots from the MOA. She asked if there is a penalty for
tampering with municipal mail-in ballots.
MS. FENUMIAI said she didn't know but the division encourages
residents to return any elections mail that is not theirs so the
division can update its records.
SENATOR REINBOLD expressed surprise that it's up to individuals
to contact the division when they leave the state.
CHAIR SHOWER asked her to talk about the timeline for updating
the division's records.
3:56:11 PM
MS. FENUMIAI explained that the division conducts annual list
maintenance as required by the National Voter Registration Act.
This entails a four-year lookback to see who has not voted, has
had mail returned as undeliverable, or who has had no contact
with the division. Those individuals are sent two notices. If
they don't respond to the second notice within 45 days, they are
placed in inactive status and will remain there for the
following two general elections after which they are removed
from the rolls.
SENATOR REINBOLD restated that she is not a fan of blanket mail-
in ballots. She clarified that she has no complaints about the
work Ms. Fenumiai does or with the Division of Elections. She
extended her thanks to Ms. Fenumiai for the work she does.'
CHAIR SHOWER added that he, too, has had good experience working
with Ms. Fenumiai and the division generally.
3:58:08 PM
SENATOR COGHILL thanked the sponsor for introducing the bill. He
said he particularly likes the opt-in for the permanent fund
dividend but wonders if there may be procedural glitches.
MS. FENUMIAI answered no; it will relieve some administrative
burden which will help because the division did not receive
additional funding when the opt-in process was implemented.
SENATOR COGHILL asked about the timing to replace the current
voting system and how the new system will help with the proposed
chain of custody requirements.
MS. FENUMIAI said the division hopes to identify a successful
bidder within the next couple of weeks and sign a contract in
July. The new system will be similar to the current system with
paper ballots and an accessible voting unit in every precinct as
required by the Help America Vote Act.
SENATOR COGHILL asked if the chain of custody will be similar to
the existing system.
MS. FENUMIAI said the bill has some fairly heavy requirements
for post-election ballot tracking and the division has to look
at those to determine what processes will need to change.
SENATOR COGHILL commented that he, too, thought the proposed
requirements were heavy-handed and that he wasn't aware that
Alaska had anything other than technical glitches in any of its
elections. He referenced the chain of custody section and asked
if on page 4, line 9, the term "ballot accounting" should be
changed to "ballot auditing."
MS. FENUMIAI replied the State Review Board currently does
what's called an audit of the election. This entails going
through every precinct register to compare the number of ballots
counted by the electronic voting equipment to the number of
ballots that were reported and the signatures in the precinct
register. The same process is followed for question and absentee
ballots.
4:02:34 PM
SENATOR COGHILL asked her thoughts on the difficulties
associated with staff recruitment and training as the election
system becomes more technical in nature.
MS. FENUMIAI said that could be a real problem because the
division already relies on these individuals to perform the bulk
of the duties on Election Day. They have a lot of
responsibility, the hours are long, and they're not paid very
much. She said the training for the 2020 election will be more
intense due to the new ballot tabulation system and the division
will also try to ensure that everyone understands any new
policies and procedures. "It is a big undertaking to implement a
new ballot tabulation system and so to implement that on top of
some pretty significant other changes is going to be
challenging," she said.
CHAIR SHOWER asked Mr. Ogan to respond to Senator Coghill's
question about chain of custody.
4:05:09 PM
MR. OGAN advised that the bill allows the division to develop
best practices regulations related to chain of custody and
ensuring that all the ballots are returned to the division. He
noted that he's been very impressed with the division's existing
practices.
4:07:20 PM
SENATOR KAWASAKI joined the committee.
SENATOR COGHILL said he imagines that the election hotline is
heavily used during primary elections, general elections, and
during the counting and certification process. He asked her
perspective of the hotline.
MS. FENUMIAI said the division already has a hotline for
individuals to call and file complaints because it's a
requirement of the Help America Vote Act. That number could
probably be used to fulfill the requirements of the proposed
statute. She clarified that the division collects the
information but it does not have an investigative unit to
research every complaint. That will need to be discussed, she
said.
4:08:51 PM
CHAIR SHOWER said voting is one of the more important civic
duties that should be honored by ensuring that the system is as
good as possible. He related that in 2003 after Saddam Hussein
was gone, Iraqi citizens risked their lives for the right to
vote.
MR. OGAN shared an anecdote.
MS. FENUMIAI said the division looks forward to working with the
sponsor and committee going forward.
CHAIR SHOWER held SB 116 in committee.
4:12:19 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 4:12 pm.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SSTA OFFICIAL AGENDA MEMO.pdf |
SSTA 5/2/2019 3:30:00 PM |
agenda |
| SB 116 - Sponsor Statement.pdf |
SSTA 5/2/2019 3:30:00 PM |
SB 116 |
| SB 116 Ver. S.PDF |
SSTA 5/2/2019 3:30:00 PM |
SB 116 |
| SB 116 - Sectional Analysis.pdf |
SSTA 5/2/2019 3:30:00 PM |
SB 116 |
| SB 116 - Fiscal Note - DOE.pdf |
SSTA 5/2/2019 3:30:00 PM |
SB 116 |
| SB 116 - Fiscal Note - PFD.pdf |
SSTA 5/2/2019 3:30:00 PM |
SB 116 |