Legislature(2021 - 2022)
2022-03-14 House Journal
Full Journal pdf2022-03-14 House Journal Page 2107 HB 234 The following was before the House in second reading: CS FOR HOUSE BILL NO. 234(STA) am "An Act relating to political contributions; relating to the location of offices for the Alaska Public Offices Commission and the locations at which certain statements and reports filed with the commission are made available; and providing for an effective date." Amendment No. 11 was offered by Representative Eastman: Page 1, line 1, following "contributions;" (title amendment): Insert "providing that an election official who knowingly provides more than one ballot to the same voter in a polling place without destroying all but one of the ballots as spoiled ballots has committed election official misconduct in the first degree;" Page 3, following line 7: Insert a new bill section to read: "* Sec. 8. AS 15.56.070(a) is amended to read: (a) A person commits the crime of election official misconduct in the first degree if while an election official, the person (1) intentionally fails to perform an election duty or knowingly does an unauthorized act with the intent to affect an election or its results; (2) knowingly permits or makes or attempts to make a false count of election returns; [OR] (3) intentionally conceals, withholds, destroys, or attempts to conceal, withhold, or destroy election returns; or (4) knowingly provides more than one ballot to the same voter in a polling place without having all but one of the ballots destroyed under AS 15.15.250 as spoiled ballots." Renumber the following bill section accordingly. Representative Eastman moved and asked unanimous consent that Amendment No. 11 be adopted. 2022-03-14 House Journal Page 2108 There was objection. Representative Tuck, citing Uniform Rule 35 and sections 404 and 616 of Mason's Manual, rose to a point of order stating that Amendment No. 11 was not germane. The Speaker ruled the amendment out of order. Representative Eastman appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Sustain Ruling of the Chair - Amendment No. 11 Not Germane YEAS: 20 NAYS: 17 EXCUSED: 3 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Tilton, Vance Excused: Foster, Johnson, Thompson And so, Amendment No. 11 was ruled out of order. Amendment No. 12 was offered by Representative Vance: Page 1, line 1, following "contributions;" (title amendment): Insert "relating to the duty of the director of elections to collect certain information related to absentee voters;" Page 3, following line 7: Insert a new bill section to read: "* Sec. 8. AS 15.20.220 is amended by adding a new subsection to read: (c) Before the certification of a state ballot counting review under AS 15.15.450, the director shall select random voters in 2022-03-14 House Journal Page 2109 each house district who submitted absentee ballots. The director shall attempt to contact the voter to confirm that the voter returned an absentee ballot. On or before the day the director certifies a state ballot counting review under AS 15.15.450, the director shall aggregate the information collected under this subsection, deliver the information to the senate secretary and the chief clerk of the house of representatives, and notify the legislature that the information is available. The director shall include in the information delivered under this subsection the number of absentee voters, by district, that (1) the division attempted to contact; (2) the division successfully contacted; (3) reported voting by absentee ballot in the applicable election; and (4) reported not voting by absentee ballot in the applicable election." Renumber the following bill section accordingly. Representative Vance moved and asked unanimous consent that Amendment No. 12 be adopted. There was objection. Representative Tuck, citing Uniform Rule 35 and section 404 of Mason's Manual, rose to a point of order stating that Amendment No. 12 was not germane. The Speaker ruled the amendment out of order. Representative Kurka appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Sustain Ruling of the Chair - Amendment No. 12 Not Germane YEAS: 20 NAYS: 17 EXCUSED: 3 ABSENT: 0 2022-03-14 House Journal Page 2110 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rasmussen, Rauscher, Shaw, Tilton, Vance Excused: Foster, Johnson, Thompson And so, Amendment No. 12 was ruled out of order. Representative Tuck moved and asked unanimous consent to rescind previous action in failing to adopt Amendment No. 3 (page 2086). There was objection. The question being: "Shall the House rescind previous action in failing to adopt Amendment No. 3?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Rescind Previous Action on Amendment No. 3 YEAS: 19 NAYS: 18 EXCUSED: 3 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Prax, Rasmussen, Rauscher, Shaw, Tilton, Vance Excused: Foster, Johnson, Thompson And so, Amendment No. 3 was before the House. The question being: "Shall Amendment No. 3 be adopted?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Amendment No. 3 2022-03-14 House Journal Page 2111 YEAS: 19 NAYS: 18 EXCUSED: 3 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Prax, Rasmussen, Rauscher, Shaw, Tilton, Vance Excused: Foster, Johnson, Thompson And so, Amendment No. 3 was adopted. Amendment No. 13 was offered by Representative Tuck: Page 2, following line 26: Insert a new bill section to read: "* Sec. 6. AS 15.13.072(e) is amended to read: (e) A candidate or an individual who has filed with the commission the document necessary to permit that individual to incur election-related expenses under AS 15.13.100 may solicit or accept contributions from an individual who is not a resident of the state at the time the contribution is made, but the amounts accepted from individuals who are not residents may exceed 50 percent of the total contributions made to the candidate or individual during the campaign [IF THE AMOUNTS CONTRIBUTED BY INDIVIDUALS WHO ARE NOT RESIDENTS DO NOT EXCEED (1) $20,000 A CALENDAR YEAR, IF THE CANDIDATE OR INDIVIDUAL IS SEEKING THE OFFICE OF GOVERNOR OR LIEUTENANT GOVERNOR; (2) $5,000 A CALENDAR YEAR, IF THE CANDIDATE OR INDIVIDUAL IS SEEKING THE OFFICE OF STATE SENATOR; (3) $3,000 A CALENDAR YEAR, IF THE CANDIDATE OR INDIVIDUAL IS SEEKING THE OFFICE OF STATE REPRESENTATIVE OR MUNICIPAL OR OTHER OFFICE]." Renumber the following bill sections accordingly. 2022-03-14 House Journal Page 2112 Representative Tuck moved and asked unanimous consent that Amendment No. 13 be adopted. There was objection. Amendment No. 1 to Amendment No. 13 was offered by Representative Tuck: Page 1, line 8, following "may": Insert "not" Representative Tuck moved and asked unanimous consent that Amendment No. 1 to Amendment No. 13 be adopted. Objection was heard and withdrawn. There being no further objection, Amendment No. 1 to Amendment No. 13 was adopted. Amendment No. 2 to Amendment No. 13 as amended was offered by Representative Fields: Page 1, line 8: Delete "50" Insert "25" Representative Fields moved and asked unanimous consent that Amendment No. 2 to Amendment No. 13 as amended be adopted. Representative McCabe objected. Representative Tuck moved and asked unanimous consent that Representative Rasmussen be excused from a call of the House today. There being no objection, it was so ordered. The question being: "Shall Amendment No. 2 to Amendment No. 13 as amended be adopted?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Amendment No. 2 to Amendment No. 13 as amended YEAS: 22 NAYS: 14 EXCUSED: 4 ABSENT: 0 2022-03-14 House Journal Page 2113 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, McCarty, Merrick, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Vance, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McKay, Nelson, Prax, Rauscher, Shaw, Tilton Excused: Foster, Johnson, Rasmussen, Thompson And so, Amendment No. 2 to Amendment No. 13 as amended was adopted. The question being: "Shall Amendment No. 13 as amended be adopted?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Amendment No. 13 as amended YEAS: 20 NAYS: 16 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw, Tilton, Vance Excused: Foster, Johnson, Rasmussen, Thompson And so, Amendment No. 13 as amended was adopted. Amendment No. 14 was offered by Representative Eastman: Page 1, line 1, following "contributions;" (title amendment): Insert "relating to the procedures and deposit amount required for recounting ballots;" Page 3, following line 7: Insert new bill sections to read: "* Sec. 8. AS 15.20.430(a) is amended to read: (a) A defeated candidate or 10 qualified voters who believe 2022-03-14 House Journal Page 2114 there has been a mistake made by an election official or by the counting board in counting the votes in an election, may file an application within five days after the completion of the state review to the director for a recount of the votes from any particular precinct or any house district and for any particular office, proposition, or question. However, the application may be filed only within three days after the completion of the state review after the general election for a recount of votes cast for the offices of governor and lieutenant governor. An applicant may request that the division conduct the recount without using optical scanning equipment. If there is a tie vote as provided in AS 15.15.460, the director shall initiate the recount and give notice to the interested parties as provided in AS 15.20.470. * Sec. 9. AS 15.20.450 is amended to read: Sec. 15.20.450. Costs of recount; requirement of deposit. The application must include a deposit in cash, by certified check, or by bond with a surety approved by the director. The amount of the deposit is $1,000 for each precinct, $2,000 for each house district, and $25,000 [$15,000] for the entire state. If an applicant requests under AS 15.20.430(a) that the division conduct the recount without using optical scanning equipment, the amount of the deposit is $1,000 for each precinct, $2,000 for each house district, or $65,000 for the entire state. If the recount includes an office for which candidates received a tie vote, or the difference between the number of votes cast was 20 or less or was less than .5 percent of the total number of votes cast for the two candidates for the contested office, or a question or proposition for which there was a tie vote on the issue, or the difference between the number of votes cast in favor of or opposed to the issue was 20 or less or was less than .5 percent of the total votes cast in favor of or opposed to the issue, the application need not include a deposit, and the state shall bear the cost of the recount. If, on the recount, a candidate other than the candidate who received the original election certificate is declared elected, or if the vote on recount is determined to be four percent or more in excess of the vote reported by the state review for the candidate applying for the recount or in favor of or opposed to the question or proposition as stated in the application, the entire deposit shall be refunded. If the entire deposit is not refunded, the director shall refund any money remaining after the cost of the recount has been paid from the 2022-03-14 House Journal Page 2115 deposit. * Sec. 10. AS 15.20.450 is amended by adding a new subsection to read: (b) The division shall conduct a recount paid for by the state under (a) of this section because of a tie vote, a difference of 20 votes or less, or a difference of less than .5 percent of the total number of votes cast, using optical scanning equipment. A candidate or 10 qualified voters may, within three days after the director provides notice of a recount to interested parties under AS 15.20.430(a), request that the recount be conducted without the use of optical scanning equipment, and, if the request relates to a statewide recount, the requester shall pay a $40,000 deposit. * Sec. 11. AS 15.20.480 is amended to read: Sec. 15.20.480. Procedure for recount. In conducting the recount, the director shall review all ballots, whether the ballots were counted at the precinct or by computer or by the district absentee counting board or the questioned ballot counting board, to determine which ballots, or part of ballots, were properly marked and which ballots are to be counted in the recount, and shall check the accuracy of the original count, the precinct certificate, and the review. The director shall count absentee ballots received before the completion of the recount. For administrative purposes, the director may join and include two or more applications in a single review and count of votes. The rules in AS 15.15.360 governing the counting of ballots shall be followed in the recount when a ballot is challenged on the basis of a question regarding the voter's intent to vote for the candidate, proposition, or question. The ballots and other election material must remain in the custody of the director during the recount, and the highest degree of care shall be exercised to protect the ballots against alteration or mutilation. The recount shall be completed within 10 days. If the applicant requesting the recount also requests under AS 15.20.430(a) that the division conduct the recount without using optical scanning equipment, the division may not recount ballots using optical scanning equipment. The director may employ additional personnel necessary to assist in the recount." Renumber the following bill section accordingly. 2022-03-14 House Journal Page 2116 Representative Eastman moved and asked unanimous consent that Amendment No. 14 be adopted. There was objection. Representative Tuck, citing Uniform Rule 35 and section 402 of Mason's Manual, rose to a point of order stating that Amendment No. 12 was not germane. The Speaker ruled the amendment out of order. Representative Eastman appealed the ruling of the Chair. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Sustain Ruling of the Chair - Amendment No. 14 Not Germane YEAS: 22 NAYS: 14 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Cronk, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, LeBon, Merrick, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Eastman, Gillham, Kaufman, Kurka, McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw, Tilton, Vance Excused: Foster, Johnson, Rasmussen, Thompson And so, Amendment No. 14 was ruled out of order. Amendment No. 15 was offered by Representatives Johnson and Kurka: Page 1, line 1, following "contributions;" (title amendment): Insert "providing that a voter who votes or attempts to vote in an election held in this state and in another state on the same date, with the intent that the person's vote be counted more than once, commits voter misconduct in the first degree;" 2022-03-14 House Journal Page 2117 Page 3, following line 7: Insert a new bill section to read: "* Sec. 8. AS 15.56.040(a) is amended to read: (a) A person commits the crime of voter misconduct in the first degree if the person (1) votes or attempts to vote in the name of another person or in a name other than the person's own; (2) votes or attempts to vote more than once at the same election, or in an election held in this state and in another state on the same date, with the intent that the person's vote be counted more than once; (3) intentionally makes a false affidavit, swears falsely, or falsely affirms under an oath required by this title; (4) knowingly votes or solicits a person to vote after the polls are closed with the intent that the vote be counted." Renumber the following bill section accordingly. Representative Kurka moved and asked unanimous consent that Amendment No. 15 be adopted. There was objection. Representative Tuck, citing Uniform Rule 35 and section 402 of Mason's Manual, rose to a point of order stating that Amendment No. 12 was not germane. The Speaker ruled the amendment out of order. Representative Kurka appealed the ruling of the Chair. Representative Claman rose to a point of order regarding confining remarks to the motion before the body. The Speaker ruled that the point was well taken and cautioned the member to confine remarks to the motion. The question being: "Shall the ruling of the Chair be sustained?" The roll was taken with the following result: 2022-03-14 House Journal Page 2118 CSHB 234(STA) am Second Reading Sustain Ruling of the Chair - Amendment No. 15 Not Germane YEAS: 20 NAYS: 16 EXCUSED: 4 ABSENT: 0 Yeas: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Patkotak, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Nays: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Prax, Rauscher, Shaw, Tilton, Vance Excused: Foster, Johnson, Rasmussen, Thompson And so, Amendment No. 15 was ruled out of order. Amendment No. 16 was not offered. Amendment No. 17 was offered by Representative Rauscher: Page 3, line 8: Delete "immediately" Insert "February 1, 2023." Representative Rauscher moved and asked unanimous consent that Amendment No. 17 be adopted. There was objection. The question being: "Shall Amendment No. 17 be adopted?" The roll was taken with the following result: CSHB 234(STA) am Second Reading Amendment No. 17 YEAS: 17 NAYS: 19 EXCUSED: 4 ABSENT: 0 Yeas: Carpenter, Cronk, Eastman, Gillham, Kaufman, Kurka, LeBon, McCabe, McCarty, McKay, Nelson, Patkotak, Prax, Rauscher, Shaw, Tilton, Vance 2022-03-14 House Journal Page 2119 Nays: Claman, Drummond, Edgmon, Fields, Hannan, Hopkins, Josephson, Kreiss-Tomkins, Merrick, Ortiz, Schrage, Snyder, Spohnholz, Story, Stutes, Tarr, Tuck, Wool, Zulkosky Excused: Foster, Johnson, Rasmussen, Thompson And so, Amendment No. 17 was not adopted. Amendment No. 2 was not offered. Representative Tuck moved and asked unanimous consent that CSHB 234(STA) am be considered engrossed, advanced to third reading, and placed on final passage. There was objection. CSHB 234(STA) am will advance to third reading on the March 16 calendar.