HB 1-ELECTION REGISTRATION AND VOTING  4:37:20 PM CHAIR MEYER announced the consideration of House Bill 1 (HB 1). 4:37:56 PM REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, Juneau, Alaska, sponsor of HB 1, provided an overview as follows: House Bill 1 is dealing with elections, it is important that every Alaskan has the opportunity to have their voice heard in the election process. When we exercise our right to vote we can have an impact on our community far beyond an election. We are electing individuals who are representing us and making decisions on behalf of everyone. We are setting policies that guide our state and voting on issues that impact our community. House Bill 1 includes a series of changes designed to create voter participation and access to voting across the state by improving and clarifying the voting process and these changes include: providing same-day- voter registration to allow all eligible Alaskans the opportunity to vote; enhancing online voter registration with electronic signatures to make the registration process quicker and easier; ensuring the same early-voting locations are available during every election; creating an option for permanent absentee voting for individuals that plan to vote by mail every year; clarifying and unifying terminology for early voting [inaudible] confusion between early voting and absentee in-person voting, that's probably one of the biggest things right there because absentee and in- person voting confuses people, it is a form of early voting, it just depends on where you are voting whether it is truly an early voting or absentee in- person voting because I think it is kind of an oxymoron, which is it, are you there or not there, are you an in-person or an out-person, are you absent or not absent. REPRESENTATIVE TUCK detailed that feedback from previous committee hearings and the Division of Elections resulted in changes to clean up and clarify the election statutes. He noted that the election statutes had not been updated since 1960. 4:40:02 PM KENDRA KLOSTER, Staff, Representative Tuck, Alaska State Legislature, Juneau, Alaska, provided an overview of HB 1 as follows: We started out with 13 sections which is now up to 31. We have been working closely with the Division of Elections and kind of turning into a clean-up bill, as mentioned. Some of the things that are in there are currently being done but are not reflected in our statutes, so I wanted to take the opportunity to clean that up. I've also had the privilege of working with a number of individuals, ANCSA [Alaska Native Claims Settlement Act] Regional Association and AFN [Alaska Federation of Natives] who have letters of support in here and a lot of these recommendations and things that we have talked about have come from them as well, especially looking at the rural areas and one of the issues talked about is early voting locations. A lot of times things might change, so they wanted a little bit more consistency to know we're going to have the same early voting location every single year and so that's some of the clarifying language in there. The absentee in- person voting, so you don't have to keep filling out, some people might vote from home because they are disabled, and they keep having to fill out an application every year to get their ballot when they know, "Well, every year I'm going to be voting absentee because I can't make it to the pole." So, what it will do is just add on an extra box that you can add on there and say, "Yes, I want it every year," but they will fall off the rolls of getting that ballot if they don't keep voting. In my off-time I've worked with "Get Out the Native Vote" from a non-partisan organization where they just want clarifying language with the early absentee voting because I've heard many stories especially in the rural areas where there was a lot of confusion and some people even got turned away at voting locations because, "Oh, you need reasons to vote or this is an absentee or here you are not early voting." I know those organizations have been doing a lot of education, so they know what early voting is and this was a terminology they wanted to clarify. 4:42:26 PM MS. KLOSTER referenced the sectional analysis as follows: Section 1 Removes language from AS 15.05.010 that requires a qualified voter to register under AS 15.07 before an election. Section 2 Permits a person registering or reregistering as a voter to apply using an electronic signature. Section 3 Requires that every registration form must include a space for an applicant who is registered in another jurisdiction to specify that jurisdiction. The director will then notify the chief elections officer in that jurisdiction. Section 4 Instructing the director of the Division of Elections to determine the form of electronic signature to be used when registering to vote. Section 5 Allows a qualified voter registering on the day of election, or within 30 days of an election, to vote a questioned ballot at that election. Section 6 Amends AS 15.07.070(h) the procedure for registration is amended to clarify the use of a special needs ballot and clarifies that on the voter's certificate on the ballot that registration includes a voter's choice to declare a political party, non-partisan or undeclared. Section 7 Stating that section 15.07.070 includes special needs ballot which is defined under 15.20.072. Section 8 Amends AS 15.07.090(b) stating if a voter registration is cancelled under AS 15.07.130 (voter registration and list maintenance), and they re-register they shall vote a questioned ballot. 4:44:52 PM MS. KLOSTER referenced sections 9-19 as follows: Section 9 Conforming language for same day voter registration. This amends AS 15.07.090(c) voting after change of name, reregistration to add language that states if a person moved to a new precinct, they vote a questioned ballot. This does not change that the person must live in the precinct they are voting in for at least 30 days. Section 10 Cleans up language about a voter who is not found on the voter registrar to vote a questioned ballot. By voting a questioned ballot, there is a review process by the division to ensure they are a qualified voter. Section 11 Definition expansion for absentee or questioned ballot to include a special needs ballot. Section 12 Conforms AS 15.07.130(e) to changes made in section 19 of the bill which changes terminology of "absentee and absentee in person voting" to early voting. This is to clarify to the public as absentee in person voting stations has been confusing, so we want to call it what it is early voting. Section 13 Clarifies privileges of poll watchers in a general election or special election related to ballot propositions. Section 14 Adds a new section to AS 15.10.170 appointment and privileges of poll watchers to clarify poll watchers may be designated by prescient party chair, organized group, or candidate. This is the language that was removed in section 13 and made a new subsection. Sections 15-18 Relates to questioned ballot procedure and adding a declaration attesting to the fact that the voter has been a resident of the election district for 30 days and that all of the information provided by the voter is accurate. Section 19 Renames absentee voting stations "early voting stations." Provides that a location designated as an early voting station will remain an early voting station for subsequent elections unless the location is no longer available for use or the director of the division of elections determines that the location is no longer appropriate. Requires the director to make a determination that a location is no longer appropriate for use as an early voting station available to the public in writing. 4:47:35 PM MS. KLOSTER referenced sections 20-31 as follows: Sections 20-23 Conforms AS 15.20.050 to changes made in Section 18 related to early voting stations. Section 24 Allowing voter registration updates through electronic absentee ballot and fax. Voter registration updates are allowed through all other means, so the division asked that we also allow for updates when people use electronic transmissions. Section 25 Requires an absentee ballot application to include an option for a voter to choose to receive absentee ballots by mail for future regularly scheduled state elections. Provides conditions under which the director may require a voter to reapply to receive absentee ballots by mail. Section 26 Conforming changes for same day voter registration. Amends AS 15.25.060(b) relating to preparation and distribution of ballots; appropriate ballot. Section 27 Definition of electronic signature. Section 28 Conforming to section 19 of the bill related to early voting stations. Section 29 Conforming to same day voter registration, stating those who register within 30 days before a municipal election shall vote an absentee, special needs or questioned ballot in that election. The voter is required to live in the district for at least 30 days. Section 30 Conforming to same day voter registration. Repeals AS 29.26.050(a)(3): voter qualifications, is registered to vote in state elections at a resident address within a municipality at least 30 days before the municipal election at which the person seeks to vote. Section 31 Provides authority to the director of the division of elections in uncodified law to adopt or amend regulations as necessary to implement the changes made by the Act. 4:49:10 PM CHAIR MEYER commented as follows: We certainly want to get as many people to vote as possible, that's what makes America great, it's our democracy; however, you also want people to be informed when they vote. I wonder if somebody who can think far enough ahead to register to vote that having them vote on the same day, will they be informed? Some of the issues are complex, especially when dealing with bonds or initiatives. REPRESENTATIVE TUCK replied as follows: One of things that we have is sometimes people haven't changed their voter registration and sure, they could still do a question ballot but the difference between a question ballot and absentee ballot is a question ballot a person may not be able to vote all of the way down the ballot where an absentee voter can vote all the way down the ballot. When we use the term "absentee," absentee also means those people who are voting by mail, they are not necessarily absent. So, that's the reason why we are looking at the terminology in some of the stuff because it gets really confusing, especially when you go in-person absentee voting. We are trying to clean things up, make things a little bit simpler, but for the person that is voting for the first time ever, they still have to be an Alaska resident for 30 days before hand, that does not change, and their address has to be at that location for 30 days, that doesn't change. If perhaps somebody moves from one district to another district and they get it 10 days before the election, they won't be able to vote in that election, they can only vote in the previous district that they were in and the absentee ballot then becomes a question ballot if they do not have the verification to show that they lived there for 30 days. So, that's kind of how it works, but you still, constitutionally, have to be an Alaska resident for 30 days, you can't deny anyone to vote prior to that. This is for Alaska residents that have been residents for over 30 days that are voting for the first time. 4:51:46 PM CHAIR MEYER asked if a person that registers can vote immediately or must wait 30 days. REPRESENTATIVE TUCK explained that currently a person must register 30 days before an election. CHAIR MEYER asked if HB 1 would allow a person to register and vote on the same day. REPRESENTATIVE TUCK answered correct. CHAIR MEYER asked if a person that registers and votes on the same day will be informed on the issues on the ballot versus a person that registers 30 days ahead of time. REPRESENTATIVE TUCK replied as follows: I think that's the reason why in our constitution we still require them to be a resident for 30 days and also, they claim where their residency is because if somebody moved from one district to another district, they may not know the issues of that other district, they may not know the candidates so well. So, that's why there is in our constitution the 30-day requirement. So, you don't want them to vote down ballot in that case. 4:52:57 PM MS. KLOSTER pointed out that a lot of the registration issues are being taken care of because people are now automatically being registered to vote when they apply for their PFD. She said one of the biggest issues is people are not changing their voter registration, whether from moving or a change due to redistricting. She said people should still be allowed to vote so that their voices can be heard. She remarked that same day voter registration will help individuals that move from one district to another but emphasized that an individual would still have to show that they've been in their new district for 30 days. REPRESENTATIVE TUCK commented on consistent polling locations as follows: That's one of the reasons why we want to keep the polling locations for 10 years once they are established because people are creatures of habit and they like going to the same place to go vote, but if they moved and they show up to the wrong polling location, they can either be sent to the polling location they have or they can do a question ballot right then and there, but the example just given is a good reason why some will be able to register to vote and then on their ballot they can actually change their voter registration as they cast their ballot. 4:55:12 PM SENATOR GIESSEL addressed same-day registration and asked what constitutes, "lived in Alaska for 30 days." REPRESENTATIVE TUCK replied that he would refer to the Division of Elections' application process and noted that the division has verifiers. MS. KLOSTER explained that a lot of things that the Division of Elections does with registration will not change. She noted that individuals must sign a declaration saying that they have been in Alaska for 30 days and lying is a misdemeanor. She explained that the intent of the same-day-voter registration is to confirm that a person is an Alaska resident and noted that the person would vote a question ballot that would be counted later for verification. She reiterated that the process is not changing, and the same-day-voter registrant's vote will be double-checked. 4:57:00 PM REPRESENTATIVE TUCK added that Alaska is part of the Electronic Registration Information Center (ERIC) database that allows the state to verify whether someone is registered somewhere else. SENATOR WILSON addressed section 25, page 11, line 5. He asked about absentee applications for individuals that have not voted for four years and queried if the time period is random years or consecutive years. REPRESENTATIVE TUCK answered that the section referenced four consecutive years. SENATOR WILSON asked if the word "consecutive" should be added to the section. MS. KLOSTER replied as follows: They are not necessarily falling off of the voter polls, what they are doing is just not receiving an absentee ballot automatically, it's just making sure we are not sending absentee ballots out to locations that maybe someone does not live anymore. So, if they received the ballot back, they will be taken off that list but not necessarily taken off the eligibility to vote, it's just not receiving that ballot, so making sure we are not sending out to people who are no longer living there. That was the other part, if you were looking on lines 7 and 8, the Division of Elections does send out additional mail to confirm some of the mailing addresses. So, if they also get return mail that is undeliverable, they will come off the list from being automatically sent an absentee ballot but not off of the voter register list. SENATOR WILSON opined that people are creatures of habit and noted his concern if a person does not receive a reminder. MS. KLOSTER replied that she believed the Division of Elections sends out mail and reminders ahead of time but will verify. CHAIR MEYER asked if the state follows the Municipality of Anchorage on mail-in ballots. He asked if regulatory consideration has been given to mail-in ballots. 5:00:57 PM REPRESENTATIVE TUCK answered as follows: We did introduce this bill before the Municipality of Anchorage had done their vote by mail. This isn't a vote by mail, this is just those that want to check- off a box and continue to receive, that way people could still go to the polls. We are not shutting down polling locations or things like that, just allowing the option. CHAIR MEYER pointed out that a person must register to vote 30 days prior to an election to participate in the vote-by-mail process. SENATOR GIESSEL commented as follows: Page 11, lines 7-8, it's intriguing in that when Anchorage did the mail voting several addresses received multiple ballots for people who no longer lived there which calls into question of course the security; that's an interesting sentence there, "Return to the division as undeliverable." I guess I was alarmed that the postal service delivered mail at a location where the people didn't live anymore, and it happened at multiple locations, an issue that is not addressed in the bill and I guess you can't do much about the U.S. Postal Service. 5:02:21 PM CHAIR MEYER [held HB 1 in committee.]