04/15/2021 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Confirmation Hearing(s) | |
| SB39 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | SB 39 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
April 15, 2021
3:31 p.m.
MEMBERS PRESENT
Senator Mike Shower, Chair
Senator Lora Reinbold, Vice Chair (via Teams)
Senator Mia Costello (via Teams)
Senator Roger Holland (via Teams)
MEMBERS ABSENT
Senator Scott Kawasaki
OTHER LEGISLATORS PRESENT
Senator Peter Micciche
COMMITTEE CALENDAR
CONFIRMATION HEARING(S)
Military Appeals Commission
Scott Oravec - Fairbanks
- CONFIRMATION ADVANCED
Commissioner, Department of Public Safety
James Cockrell - Anchorage
- CONFIRMATION ADVANCED
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."
- HEARD AND HELD
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
WITNESS REGISTER
SCOTT ORAVEC, Appointee
Military Appeals Commission
Department of Military & Veterans Affairs (DMVA)
Fairbanks, Alaska
POSITION STATEMENT: Testified as appointee to the Military
Appeals Commission.
JAMES COCKRELL, Commissioner Designee
Department of Public Safety
Soldotna, Alaska
POSITION STATEMENT: Testified as Commissioner Designee of the
Department of Public Safety.
DAN SPENCER, representing self
Juneau, Alaska
POSITION STATEMENT: Testified in support of the appointment of
Commissioner Designee Cockrell.
SCOTT OGAN, Staff
Senator Mike Shower
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 39,
version O.
ACTION NARRATIVE
3:31:48 PM
CHAIR MIKE SHOWER called the Senate State Affairs Standing
Committee meeting to order at 3:31 p.m. Present at the call to
order were Senators Reinbold, Costello, Holland, (all via
Teams), and Chair Shower.
CHAIR SHOWER reviewed the remote meeting protocols, including
the roll call to show the presence and location of the committee
members:
Roll Call: SENATOR COSTELLO, Capitol room 119, SENATOR HOLLAND,
Capitol room 113, SENATOR REINBOLD, Capitol room 427, and CHAIR
SHOWER in the Butrovich room, Capitol 205.
^CONFIRMATION HEARING(S)
CONFIRMATION HEARING(S)
Commissioner, Department of Public Safety
Military Appeals Commission
3:35:10 PM
CHAIR SHOWER announced the consideration of Governor Appointees
to Boards and Commissions. He asked Scott Oravec to introduce
himself, provide a brief overview, and tell the committee why he
would like to serve on the Military Appeals Commission.
3:35:31 PM
SCOTT ORAVEC, Appointee, Military Appeals Commission, Department
of Military & Veterans Affairs (DMVA), Fairbanks, Alaska, stated
that he has been licensed to practice law in Alaska since 2001
and currently serves as the US Magistrate Judge in Fairbanks.
His military law background includes service in the Army Judge
Advocate General (JAG) core on active duty or reserve since
2001. He said he would like to offer his experience to the state
to assist in establishing the Military Appeals Commission and to
ensure its smooth operation. He described implementing this
commission as an important piece of implementing the Alaska
National Guard Military Code of Justice.
CHAIR SHOWER thanked him for his service to the country. He
asked if he had read the state's ethics policy.
MR. ORAVEC answered yes.
CHAIR SHOWER asked if he had any unreported conflicts of
interest, ethical, or criminal issues that might create a
problem serving on this commission.
MR. ORAVEC answered no, and if a conflict were to come before
the commission, he would apply the Judicial Canons.
CHAIR SHOWER asked if he had any skeletons in the closet that
the committee might want to know about but might not think to
ask.
MR. ORAVEC answered no.
3:38:25 PM
SENATOR HOLLAND asked if he thought there was any potential for
conflict with being in the Reserve and serving on the Military
Appeals Commission.
MR. ORAVEC said he looked into it but did not think so because
he serves in the Army Reserve and the cases would be on appeal
from the Alaska National Guard.
3:39:52 PM
CHAIR SHOWER opened public testimony on the appointment of Scott
Oravec to the Military Appeals Commission; finding none, he
closed public testimony. He advised that written testimony would
be accepted until 5:00 p.m. this evening at [email protected].
CHAIR SHOWER found no questions or comments and solicited a
motion
3:41:34 PM
SENATOR REINBOLD stated that in accordance with AS 39.05.080,
the Senate State Affairs Standing Committee reviewed the
following and recommends the appointment be forwarded to a joint
session for consideration:
Military Appeals Commission
Scott Oravec - Fairbanks
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
CHAIR SHOWER found no objection and the name was forwarded.
CHAIR SHOWER asked James Cockrell, Commissioner Designee of the
Department of Public Safety to introduce himself and provide his
opening statement.
3:43:07 PM
JAMES COCKRELL, Commissioner Designee, Department of Public
Safety, Soldotna, Alaska, stated that he and his wife live in
Soldotna, and she is the emergency operations manager for the
city. He has lived in Alaska most of his life and is a second-
generation Alaska State Trooper. He said he loves Alaska, the
Department of Public Safety and its mission.
He related that he started working at the Department of Public
Safety in 1983 as a recruit at the State Trooper Academy. He has
been the director of both the Alaska Wildlife Troopers and the
Alaska State Troopers and retired in 2004. He came out of
retirement twice. The first time was to oversee a federal grant
as a road trooper and the second time was to work on safety as
director of the Alaska Wildlife Troopers and then as the
director of the Alaska State Troopers.
3:46:20 PM
CHAIR SHOWER asked if his father also had found it difficult to
stay retired.
3:46:25 PM
COMMISSIONER DESIGNEE COCKRELL answered yes; he has over 55
years of state service.
3:46:36 PM
CHAIR SHOWER asked if he had any unreported conflicts of
interest that might create a problem serving as the Commissioner
of the Department of Public Safety.
COMMISSIONER DESIGNEE COCKRELL answered no.
CHAIR SHOWER asked if he had any ethical or criminal issues that
the committee might want to know about.
COMMISSIONER DESIGNEE COCKRELL answered no.
CHAIR SHOWER asked if he had any skeletons in the closet to
disclose.
COMMISSIONER DESIGNEE COCKRELL answered no.
CHAIR SHOWER asked if he had read the state ethics policy.
COMMISSIONER DESIGNEE COCKRELL answered yes.
3:47:32 PM
SENATOR REINBOLD asked if he wanted to comment on the 911-call
center.
COMMISSIONER DESIGNEE COCKRELL asked her to clarify the
question.
SENATOR REINBOLD said former Commissioner Price initiated
efforts to consolidate the 911 system to save money.
COMMISSIONER DESIGNEE COCKRELL answered he had not been briefed
on the topic, but he could say that the 911 consolidation that
DPS moved forward on for the last several years was a complex
program and he believes there needed to be more time spent in
the study phase. The department is evaluating the next steps and
has signed contracts in the Mat-Su and Kenai Peninsula to
continue dispatch services the way they were before the efforts
to consolidate.
SENATOR REINBOLD asked if he believes it is appropriate to
suspend constitutional rights during a disaster, and if he takes
an oath to the constitution.
COMMISSIONER DESIGNEE COCKRELL confirmed that he takes an oath
to uphold the Constitution of the United States and the
Constitution of the State of Alaska. As to the question, he said
he does not have the legal training to determine constitutional
issues presumably related to COVID-19.
SENATOR REINBOLD's audio dropped.
3:51:24 PM
SENATOR HOLLAND said he appreciates that Commissioner Designee
Cockrell came out of retirement.
3:51:50 PM
SENATOR COSTELLO said she appreciates that he came out of
retirement to take this important position, that he came to her
office for a personal meeting, and that he is so dedicated. "I
look forward to my yes vote to support you as Commissioner."
SENATOR REINBOLD said she looks forward to Commissioner Designee
Cockrell visiting her office. She asked if he takes his oath
seriously, if he believes that the Constitution is the supreme
law of the land, and if he will uphold and defend the rights of
the citizens of Alaska, even during a disaster.
COMMISSIONER DESIGNEE COCKRELL said he takes both the US
Constitution and the Alaska Constitution seriously; he has not
been sued for a constitutional violation and has never had a
case overthrown based on constitutional issues. He added that
DPS receives legal advice from the Office of the Attorney
General and has faith in the office to provide guidance to
conduct law enforcement activities statewide.
SENATOR REINBOLD expressed concern with his answer because the
current attorney general candidate was responsible for the
mandates [during the COVID-19 pandemic]. She said her top
request is that he read the Alaska Constitution, the Declaration
of Independence, and the Constitution of the United States and
stand by that. She asked if he agrees that the constitution is
the supreme law of the land and would always default to the US
and Alaska constitutions.
3:56:27 PM
CHAIR SHOWER asked if she was looking for a "yes" or "no"
because he already answered the question.
3:56:30 PM
SENATOR REINBOLD said that is what she was looking for.
3:56:34 PM
COMMISSIONER DESIGNEE COCKRELL reiterated that he takes both the
US and Alaska constitutions seriously and will follow them.
CHAIR SHOWER said he has consistently heard that Attorney
General Designee Cockrell has a leadership style that makes
people want to follow; he does not dictate that people follow
and that gives provides comfort that he will be a good leader of
DPS. "That speaks very well to your character," he said.
3:58:15 PM
CHAIR SHOWER opened public testimony on the appointment of James
Cockrell as Commissioner of the Department of Public Safety.
3:58:47 PM
DAN SPENCER, representing self, Juneau, Alaska, stated that he
is it a retired state employee who completely supports the
Governor's appointment of James Cockrell as commissioner of the
Department of Public Safety. He related his experience working
together in the department. He said Jim is familiar with the
department and the issues statewide. He is a leader, and the
state will be well served with him as commissioner of DPS. "Mr.
Chairman, you can't do better," he said.
4:00:17 PM
CHAIR SHOWER found nobody else who wished to testify, and he
closed public testimony on the appointment of James Cockrell as
Commissioner of the Department of Public Safety. He advised that
written testimony could be sent to [email protected].
CHAIR SHOWER asked what his top priorities would be as
commissioner of DPS.
4:01:03 PM
COMMISSIONER DESIGNEE COCKRELL said his top priority is to try
to reduce the incidence of domestic violence and sexual assault
in the state. The victimization studies that are done every five
years show the rates are decreasing but Alaska still leads the
nation in domestic violence, sexual assault, and human
trafficking. He mentioned the rapid turnover the last few years
and said his second goal would be to add stability to the
department focusing on what the department does best, which is
to provide professional law enforcement services statewide. The
third goal would be to recruit and retain more troopers. He said
part of the retention problem has been quality of life issues
and one way to reduce burnout and increase the quality of life
is to fill more positions. He also mentioned the problems
statewide with heroin and said that while COVID-19 has masked
that problem, it has not gone away. Suicide and overdose deaths
have continued to rise during the pandemic so pressure to reduce
opioid and heroin imports must continue.
CHAIR SHOWER commented on the pressure officers are under and
expressed appreciation that he was stepping up during a time of
trouble and turbulence for law enforcement.
4:08:04 PM
SENATOR REINBOLD asked if he had a specific plan to reduce
sexual assault and violence in the state.
COMMISSIONER DESIGNEE COCKRELL replied he was working with the
governor's office to develop a comprehensive sexual assault
domestic violence initiative. Nothing was in writing at this
point, but he would release it to legislators and the public
when it was available.
4:09:17 PM
SENATOR REINBOLD said she would like to know if he needed any
specific improvements to the criminal code to accomplish that
goal.
She said she was formally requesting the number of deaths from
drug overdose and suicide during COVID-19. She then asked if he
was willing to work with and train Alaska Wildlife Troopers to
deal with human crime if the need were to arise.
COMMISSIONER DESIGNEE COCKRELL replied that the Alaska Wildlife
Troopers have a specific mission, but they are routinely brought
in to work on traffic enforcement and investigations statewide
and that will continue.
4:11:26 PM
SENATOR REINBOLD asked him to weigh in on "the Colonel Massie
situation."
COMMISSIONER DESIGNEE COCKRELL responded, "Colonel Massie is my
colonel and I am going to stand by my Colonel."
SENATOR REINBOLD asked if it has brought consternation to
promote somebody from a sergeant to a colonel.
4:12:12 PM
COMMISSIONER DESIGNEE COCKRELL answered that he was not with the
department when Colonel Massie was promoted to colonel, but he
has been in that position for three years and he would stick by
him.
SENATOR REINBOLD thanked him for stepping up to serve the
Department of Public Safety and wished him well.
CHAIR SHOWER found no further questions or comments and
solicited a motion.
4:13:04 PM
SENATOR REINBOLD stated that in accordance with AS 39.05.080,
the Senate State Affairs Standing Committee reviewed the
following and recommends the appointment be forwarded to a joint
session for consideration:
Commissioner, Department of Public Safety
James Cockrell - Soldotna
Signing the reports regarding appointments to boards and
commissions in no way reflects individual members' approval or
disapproval of the appointees; the nominations are merely
forwarded to the full legislature for confirmation or rejection.
CHAIR SHOWER found no objection and the name was forwarded.
SB 39-BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
4:13:43 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 39
"An Act relating to elections; relating to voter registration;
relating to ballots and a system of tracking and accounting for
ballots; establishing an election offense hotline; designating
as a class A misdemeanor the collection of ballots from other
voters; designating as a class C felony the intentional opening
or tampering with a sealed ballot, certificate, or package of
ballots without authorization from the director of the division
of elections; and providing for an effective date."
He noted the new committee substitute for SB 39. He said that
because this is largely a new bill, he would go through the new
sponsor statement.
4:14:12 PM
CHAIR SHOWER read [Original punctuation provided]:
Senate Bill 39, updates Alaska's decades-old election
statutes, strengthening voter access and improving
integrity so Alaskans may regain confidence in our
election system. We sometimes disagree with election
results, but rarely in our history have we refused to
accept them. A troubling trend has emerged where
entire segments of our nation not only disagree with
election results, but refuse to acknowledge them as
legitimate. It happened in 2016, and again in 2020.
Whether these concerns are real or perceived, we must
find a way to restore all people's faith in our
election system as it is a cornerstone to our
Constitutional Republic.
"I began working on election issues in 2018, involving
the accuracy of Alaska's election data and our voter
rolls. Problematic areas within our system created
integrity concerns and irreconcilable errors which
limited citizens from qualifying their ballots when
the Division of Elections questioned or rejected
them."
Alaska's current election model is built on a
foundation of disqualification and rejection of
ballots. A significant aspect of SB 39 is to shift
toward greater voter inclusion with the qualification
of ballots. "Voters should know when their ballots are
questioned or rejected and be informed of it
immediately. Ballot curing is a two-part process that
includes immediate voter notification and then
providing voters reasonable time and opportunity to
correct identified technical deficiencies. Once
notified, the voter should have an opportunity to
correct technical issues rather than the Division
disqualifying the ballot and not counting their vote.
Curing of ballots is an essential component of SB 39."
Improvements to voter access required extensive
additional work on existing statutes that have
contributed to limiting all voters. Before the 2020
elections, only two states had clear regulations and
policies for vote-by-mail procedures. A new measure of
inclusion is amending the current statute to accept
additional types of qualifying identification such as
Tribal identification as one example. Alaska is a
diverse state, and our Indigenous First Alaskans are
an essential segment with unique needs not experienced
in urban communities. "My goal is to include
additional provisions for increased Tribal
participation and for more opportunities for
communities to take a greater role in their local
voting systems, just as many larger communities
already practice across Alaska."
4:16:35 PM
Consistency and standardization of protocols is an
overarching objective, and communities that already
practice vote-by-mail are enhanced by improved
security and authentication. Additionally, absentee
voting improvements expand the option to voters where
they may request an automatic absentee ballot.
Alaskans should be able to vote in the manner which
suits them and feel confident that their vote is
secure and counted. If we shift to one type of voting
or another we risk alienating a significant portion of
the population and inadvertently suppressing votes.
This is not a bill to suggest one method of voting
over another. SB 39 addresses the quality of the voter
data, security standards, and chain of custody.
Another major area SB39 improves is voter registration
roll accuracy. Alaska checks only a few databases
against eligible voter lists; SB39 enables the state
to clean the voter rolls more often and cross-
reference a broader segment of other available
databases. It requires third-party supervised bi-
annual audits of our voter rolls. Municipalities such
as Anchorage use state data for their vote-by-mail
system. It is self-evident that when the state's data
is not accurate, neither is their vote-by-mail system
based upon the over mailing of ballots. There are
thousands more people on our voter rolls than are
eligible to vote in Alaska. Currently the Division of
Elections checks our voter data with 31 other states.
Why are we not running it by all 50 states? Data is
also not checked with many local and national sources
that would certainly improve the quality of our voter
rolls. Do we want a 60% solution or a 100% solution?
Alaska voters deserve better than what we have now.
4:18:08 PM
A cornerstone to how SB 39 mitigates chain of custody
concerns, and vulnerable or compromised voter data, is
through a well-established methodology, Multi-Factor
Authentication (MFA), and blockchain technology, which
many of the most secure institutions utilize. Both MFA
and Blockchain have been around for a long time and
are used worldwide in many different ways. A Biden
Administration report and an independent Harvard
Journal of Law and Technology study recommend that
states implement Multi-Factor Authentication and chain
of custody protocols to strengthen election integrity
and ensure one voter equals one vote.
In addition to Multi-Factor Authentication, this bill
requires the Division of Elections to adhere to the US
Postal Service's best practice recommendation for a
vote by mail ballot chain of custody system. By
utilizing the USPS's existing ballot envelope barcode
procedure, voters can account for their ballot
anywhere it is in transit. Citizens should be able to
track their ballot from the time it is shipped from
the Division until received by the voter and until it
is returned to the Division. These systems also notify
a voter if their ballot has been questioned, rejected
and may even include ballot curing procedures. Nearly
everyone orders products online today. Most things can
be tracked, down to the minute, and a precise
location; we can also do so with ballots using
election-specific software readily available and
already in use in many states for ballot tracking.
4:19:29 PM
The platform for elections security is a three-legged
stool; data security, accurate voter rolls, and a
qualitative, secure chain of custody which is achieved
through Multi-Factor Authentication. In October of
2020, a data breach resulted in 113,000 Alaskans
having their personal data exposed. The Division
confirmed on the record that the stolen data could be
used to apply for and submit ill-cast ballots and lead
to identity theft. SB 39 addresses these concerns by
bringing Alaska into the 21st century.
4:20:06 PM
CHAIR SHOWER said this bill is not in its final form and other
committees will have an opportunity to make changes through the
process. He asked Mr. Ogan to introduce himself and walk through
the sectional analysis for SB 39, version O.
4:20:33 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, Alaska, highlighted that version O does not
ban by-mail voting, but it does establish protocols. He
paraphrased the sectional analysis for SB 39, version O.
[Original punctuation provided.]
Sec 1. Perjury for false statement about citizenry.
Sec 2. Includes tribal ID, deletes hunt and fish
licenses.
Sec 3. Makes electronic transmission universal.
Sec 4. Shall (no longer may) adopt regs APA NVRA.
1. Block Chain requirement for data systems
2. Voter authentication process
3. Alternate process for digital MFA
Sec 5. New voters multi-factor authentication
education process.
He explained that this section directs the Division of Elections
to instruct voters on how the multi-factor authentication
process would work.
Sec 6. Adds process regulation information to existing
registration process.
Sec 7. New Section:
1. Nationally recognized best practices and
develop protocols to produce accurate voter
rolls.
2. Utilize nationally recognized expert to
biannually audit rolls, using multiple data bases
to cross check data.
3. Allows DOL and DOE to share with others-
including tribal.
Sec 8. Mandates multi-factor authentication security.
Sec 9. Adds notification requirement to cancel voter
registration.
Sec 10. Requires a watermark or other identifier on
most official ballots.
Sec 11. Required software for electronically generated
ballots to be open-source USA based servers.
Sec 12. New subsection requires electronic generated
ballots to utilize multi-factor authentication.
Sec 13. New Section requires robust ballot security
and chain of custody procedures.
4:24:15 PM
Sec 14. Clarifies guidelines for election workers
screening voters.
Sec 15. Requires multi-factor authentication, but
exempts those that are unable.
Sec 16. Allows tribal ID, but eliminate hunting and
fishing license as valid ID.
Sec 17. Ends practice of destroying a spoiled ballot,
and give director the ability to mark or punch a
spoiled ballot to preserve ballot chain of custody.
Sec 18. Director ay prescribe how to void ballot.
Sec 19. Guides exhibited ballot protocols.
4:25:17 PM
MR. OGAN explained that this provision preserves the integrity
of a private vote.
Sec 20. Mandates how the director handles ballots and
ends practice of destroying them to maintain chain of
custody.
Sec 21. New Section on Voter qualification.
Sec 22. New Section on when the Lt Gov can certify the
election and what disclosures need to be made.
Sec 23. Ballot chain of custody protocols stipulating
that all ballots remain in strict control of DOE for
22 months.
4:26:07 PM
Sec 24. New Section prescribing division support for
municipal support for elections as long as chain of
custody and multi-factor authentication protocol are
followed.
Sec 25. Outlining multi-factor authentication
protocols to voters.
Sec 26. Prescribes multi-factor authentication
procedures for absentee voting.
Sec 27. New Section prescribing disclaimers on
absentee ballot applications.
Sec 28. Requires multi-factor authentication protocols
on electronic voting procedures.
Sec 29. Changes the application deadlines to 14 days,
from 10 days, to allow for earlier returns of absentee
ballots, to allow for better accounting and ballot
curing.
Sec 30. Prescribes new protocols for absentee
signatures only if an authorized oath taker is not
available, and requires positive identification and
contact information, along with a statement verifying
why an oath taker was not available, and creating the
penalty of perjury for not being truthful.
Sec 31. Shortens time allowed for absentee ballots to
be received by DOL, allowing for earlier election
results. Matches Colorado, another state that has a
large military constituency.
4:27:55 PM
Sec 32. Voter inclusion measure to allow for rural
voters to vote when multi-factor authentication is no
possible. May need to phase to allow director to
eventually require non exclusionary multi-factor
protocols.
Sec 33. New Section. Allows a voter to sign up for
absentee voting for a four-year period.
4:28:21 PM
Sec 34. Guides review of absentee ballot envelopes.
Sec 35. Disallows removal of ballots from envelopes
before close of election.
Sec 36. Requires the vote to not be counted unless
postmarked or barcode tracked being mailed on or
before the day of the election; allows tribal ID;
prescribes new absentee ballot signature requirements;
and multi-factor protocols.
Sec 37. Prescribes that the ballot may not be
separated from the envelope until the division has
determined the voter has not voted more than once.
Sec 38. Ballot cure provision.
Sec 39. New subsection: Guides the director to allow
the last vote made to be counted if the voter did not
intentionally vote twice.
Sec 40. Prescribes that the vote may not be counted if
the voter was able to utilize Multi-factor
authentication, and voter fails to provide said
authentication.
Sec 41. Ballot Curing Section.
Sec 42. Chain of custody language to assure identifier
data is verified.
Sec 43. Expands grounds for election contest to
include breach of voter registration data, and ballot
accounting irregularities.
Sec 44. Codifies that the division's failure to
contact an absentee voter whose ballot is rejected, is
not grounds for a contested election.
Sec 45. Allows the director to conduct mail out voting
in a community of less than 750 people. Allows larger
communities to request mail out voting. Allows mail
out voting in emergencies.
Sec 46. Puts sideboards on mail out voting rolls, and
chain of custody protection and management through
block chain.
4:30:40 PM
Sec 47. Requires forensic examination of precinct
tabulators and bans internet connection before and
after election.
MR. OGAN clarified that internet connection is also banned
during an election.
Sec 48. Criminalizes ballot harvesting, but protects
those that assist others with limited drop offs of
ballots.
Sec 49. Defines "collects"
Sec 50. Protects people who are cognitively unable to
express their vote.
Sec 51. Adds to the crime of voter misconduct, for
those that attempt to corrupt the vote.
MR. OGAN noted that he had omitted Section 52 from the sectional
analysis.
SENATOR REINBOLD advised that Section 52 talks about election
fraud in violation of AS 15.56.060 thereby causing the outcome
of an election to change. This crime is a Class C felony.
MR. OGAN thanked Senator Reinbold for the lifeline. He continued
the sectional analysis.
Sec 53. Codifies the crime of disclosing unauthorized
election data before election day.
Sec 54. New Section that asserts that the legislature
is the constitutionally defined body with the sole
authority to prescribe election law.
Sec 55. Bans electronic signatures.
Sec 56. Requires the Lt gov to notify the legislature
and the public of a data breach.
Sec 57. Clarifies what "mark" of a person that cannot
write is acceptable.
Sec 58. Prescribes election fraud training at the
Trooper Academy.
Sec 59. Requires a Permanent Fund Dividend applicant
to identify the house district the applicant has been
a resident I for the last 30 days.
4:33:30 PM
MR. OGAN highlighted that the opt-in provision for the Permanent
Fund is not in version O.
Sec 60. Effective date of audit provision.
Sec 61. Effective dates and applicability.
Sec 62. Transition regulations .
Sec 63. Effective dates. Sec 64. Additional effective
dates.
4:34:05 PM
CHAIR SHOWER directed attention to Section 9 regarding the
notification requirement to cancel voter registration. He
explained that citizens are not trained to ask the Division of
Elections to remove their name from the voter rolls when they
leave the state. He cited the example of a former Alaskan who
holds office in Maine and still receives ballots from Alaska.
Section 9 requires the state to educate citizens about the
process to deregister.
He found no questions or comments and solicited a motion to
adopt the CS.
4:36:45 PM
SENATOR REINBOLD moved to adopt the work draft CS for SB
39(STA), work order 32-LS0204\O, as the working document.
4:37:02 PM
CHAIR SHOWER objected for discussion purposes and asked Mr. Ogan
to share why there is not an explanation of the changes.
MR. OGAN said he did not prepare an explanation of changes
because SB 39, version O, is essentially a new bill.
CHAIR SHOWER asked if there were questions or comments on the
CS.
SENATOR REINBOLD said she had no problem adopting the CS; she
would drill down on it in judiciary.
4:39:09 PM
SENATOR COSTELLO asked how the mail-in ballot provisions differ
between version A and version O.
MR. OGAN said version A had a ban on voting by mail and version
O switches the focus to ballot chain of custody. He described
ballot integrity as a three-legged stool. It must have good data
that is secure, good ballot chain of custody procedures, and
multi-factor authentication. He mentioned the Municipality of
Anchorage mail out voting efforts and said there was no
intention to usurp local control, but any community that uses
state resources to support an election must have those data
protection protocols in place to use mail out ballots. He
highlighted that version O expands the sources the state uses to
ensure data integrity and it directs that a third party,
nationally recognized expert assist the division with an audit
of the data rolls.
CHAIR SHOWER added that everything that was in the original
version of the bill reflected concerns from different
individuals or groups. That created significant debate and his
office worked with groups and local communities to distill what
would be good for local control. He said that was the goal all
along. Local governments should be able to choose how to do
business as long as the elections are secure, and all Alaskans
can trust the results.
SENATOR COSTELLO said she was pleased that mail in voting was
restored because that was the section that generated the most
emails to her office. She stated support for secure and
accessible elections.
CHAIR SHOWER emphasized that the bill does not restrict
municipalities from having mail in balloting. The focus is on
cleaning up the data rolls, chain of custody, and multi-factor
authentication to ensure that every eligible Alaskan is able to
vote and their vote counts. He said everyone should be cognizant
of the two data breaches in 2019 and 2020. "We're getting data
breaches as we go in this electronic world and we must move into
the 21st Century to get to the point where we can secure our
data," he said. Part of the effort with blockchain technology is
to protect people's data. He described other state's use of this
technology to track voting data and ballot location on a phone.
4:48:12 PM
CHAIR SHOWER removed his objection. Finding no further
objection, the CS for SB 39, version O, was adopted as the
working document.
4:48:45 PM
CHAIR SHOWER held SB 39 in committee for future consideration.
4:49:39 PM
There being no further business to come before the committee,
Chair Shower adjourned the Senate State Affairs Standing
Committee meeting at 4:49 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 39 Oppose Written Public Testimony.pdf |
SSTA 4/15/2021 3:30:00 PM |
SB 39 |
| SB 39 Support Written Public Testimony.pdf |
SSTA 4/15/2021 3:30:00 PM |
SB 39 |
| SB 39 CS v.O.pdf |
SSTA 4/15/2021 3:30:00 PM |
SB 39 |
| SB 39 Harvard Journal of Law and Technology Article Vol 34, Digest Fall 2020.pdf |
SSTA 4/15/2021 3:30:00 PM |
SB 39 |
| SB 39 - Sectonal Analysis v.O 4.15.21.pdf |
SSTA 4/15/2021 3:30:00 PM |
SB 39 |
| SB 39 - Sponsor Statement v.O 4.15.21.pdf |
SSTA 4/15/2021 3:30:00 PM |
SB 39 |