Legislature(2023 - 2024)

2024-01-31 House Journal

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2024-01-31                     House Journal                      Page 1400
HB 129                                                                                                                        
The following was read the second time:                                                                                         
                                                                                                                                
    HOUSE BILL NO. 129                                                                                                          
    "An Act relating to voter registration; and providing for an                                                                
    effective date."                                                                                                            
                                                                                                                                
with the:                                                  Journal Page                                                         
                                                                                                                                
 STA RPT CS(STA) 5DP 2AM 870                                                                                                    
 FN1: ZERO(GOV) 870                                                                                                             
 JUD RPT CS(JUD) 4DP 2NR 1AM 1300                                                                                               
 FN2: ZERO(GOV) 1300                                                                                                            
                                                                                                                                
Representative Saddler moved and asked unanimous consent that the                                                               
following committee substitute be adopted in lieu of the original bill:                                                         
                                                                                                                                
    CS FOR HOUSE BILL NO. 129(JUD)                                                                                              
    (same title)                                                                                                                
                                                                                                                                
There being no objection, it was so ordered.                                                                                    
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "registration;" (title amendement):                                                                 
    Insert "relating to absentee voting"                                                                                      
                                                                                                                                
Page 4, following line 24:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 7. AS 15.20.061(b) is amended to read:                                                                                
         (b)  On receipt of an application in person for an absentee                                                            
    ballot and exhibition of a form of photographic identification                                                          
    prescribed by the division [PROOF OF IDENTIFICATION AS                                                                  
    REQUIRED IN AS 15.15.225], the absentee voting official or                                                                  
    election supervisor shall issue the ballot to the applicant.                                                                
   * Sec. 8. AS 15.20.081(a) is amended to read:                                                                              

2024-01-31                     House Journal                      Page 1401
         (a)  A qualified voter may apply in person, by mail, or by                                                             
    facsimile, scanning, or other electronic transmission to the director                                                       
    for an absentee ballot under this section. Another individual may                                                           
    apply for an absentee ballot on behalf of a qualified voter if that                                                         
    individual is designated to act on behalf of the voter in a written                                                         
    general power of attorney or a written special power of attorney                                                            
    that authorizes the other individual to apply for an absentee ballot                                                        
    on behalf of the voter. The application must include the address                                                            
    or, if the application requests delivery of an absentee ballot by                                                           
    electronic transmission, the telephone electronic transmission                                                              
    number, to which the absentee ballot is to be returned, the                                                                 
    applicant's full Alaska residence address, a form of photographic                                                       
    identification prescribed by the division, and the applicant's                                                          
    signature. However, a person residing outside the United States                                                             
    and applying to vote absentee in federal elections in accordance                                                            
    with AS 15.05.011 need not include an Alaska residence address                                                              
    in the application. A person may supply to a voter an absentee                                                              
    ballot application form with a political party or group affiliation                                                         
    indicated only if the voter is already registered as affiliated with                                                        
    the political party or group indicated. The application must be                                                             
    made on a form prescribed or approved by the director. The voter                                                            
    or registration official shall submit the application directly to the                                                       
    division of elections. For purposes of this subsection, "directly to                                                        
    the division of elections" means that an application may not be                                                             
    submitted to any intermediary that could control or delay the                                                               
    submission of the application to the division or gather data on the                                                         
    applicant from the application form. However, nothing in this                                                               
    subsection is intended to prohibit a voter from giving a completed                                                          
    absentee ballot application to a friend, relative, or associate for                                                         
    transfer to the United States Postal Service or a private                                                                   
    commercial delivery service for delivery to the division."                                                                  
                                                                                                                                
Renumber the following bill section accordingly.                                                                                
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Vance objected.                                                                                                  
                                                                                                                                
                                                                                                                                

2024-01-31                     House Journal                      Page 1402
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 129(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  39   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "Act" (title amendment):                                                                            
    Insert "relating to the master register;"                                                                                 
                                                                                                                                
Page 1, following line 2:                                                                                                       
    Insert a new bill section to read:                                                                                          
"* Section 1. AS 15.07.127 is amended to read:                                                                                
         Sec. 15.07.127. Preparation of master register. The director                                                         
    shall prepare both a statewide list and a list by precinct of the                                                           
    names and addresses of all persons whose names appear on the                                                                
    master register and their political party affiliation. The director                                                     
    shall create a daily backup of the master register at 5:00 p.m.                                                         
    each day. Subject to the limitations of AS 15.07.195, any person                                                        
    may obtain a copy of the list, a daily backup of the list, or a part                                                    
    of the list, or an electronic format containing both residence and                                                          
    mailing addresses of voters, by applying to the director and paying                                                         
    to the state treasury a fee as determined by the director."                                                                 
                                                                                                                                
Page 1, line 3:                                                                                                                 
    Delete "Section 1"                                                                                                        
    Insert "Sec. 2"                                                                                                           

2024-01-31                     House Journal                      Page 1403
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 129(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  2   NAYS:  38   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman, Ortiz                                                                                                           
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Prax, Rauscher, Ruffridge, Saddler, Schrage,                                                                
Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski, Vance,                                                                 
Wright                                                                                                                          
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 3 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, following line 2:                                                                                                       
    Insert a new bill section to read:                                                                                          
   * Section 1. AS 15.07.060(a) is amended to read:                                                                           
         (a)  Each applicant who requests registration or reregistration                                                        
    shall supply the following information:                                                                                     
             (1)  the applicant's name and sex;                                                                                 
             (2)  if issued, the applicant's State of Alaska driver's                                                           
    license number or State of Alaska identification card number, or                                                            
    the last four digits of the applicant's social security number;                                                             
             (3)  the applicant's date of birth;                                                                                
             (4)  the applicant's Alaska residence address;                                                                    
             (5)  a statement of whether the applicant has previously                                                           
    been registered to vote in another jurisdiction, and, if so, the                                                            

2024-01-31                     House Journal                      Page 1404
    jurisdiction and the address of the previous registration;                                                                  
             (6)  a declaration that the applicant will be 18 years of age                                                      
    or older within 90 days after the date of registration;                                                                     
             (7)  a declaration that the applicant is a citizen of the                                                          
    United States;                                                                                                              
             (8)  the date of application;                                                                                      
             (9)  the applicant's signature or mark;                                                                            
             (10)  any former name under which the applicant was                                                                
    registered to vote in the state;                                                                                            
             (11)  an attestation that the information provided by the                                                          
    applicant in (1) - (10) of this subsection is true; [AND]                                                                   
             (12)  a certification that the applicant understands that a                                                        
    false statement on the application may make the applicant subject                                                           
    to prosecution for a misdemeanor under this title or AS 11; and                                                        
             (13)  verification of United States citizenship, in a                                                          
    manner prescribed by the division in regulation."                                                                       
                                                                                                                                
Page 1, line 3:                                                                                                                 
    Delete "Section 1"                                                                                                        
    Insert "Sec. 2"                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 3 be adopted.                                                                                                     
                                                                                                                                
Representative Vance objected.                                                                                                  
                                                                                                                                
The question being:  "Shall Amendment No. 3 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 129(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 3                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  39   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                
                                                                                                                                

2024-01-31                     House Journal                      Page 1405
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
And so, Amendment No. 3 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 4 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1, following "registration;" (title amendment):                                                                  
    Insert "relating to absentee voting;"                                                                                     
                                                                                                                                
Page 4, following line 24:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 7. AS 15.20.203(a) is amended to read:                                                                                
         (a)  The district absentee ballot counting board shall examine                                                         
    each absentee ballot envelope and shall determine whether the                                                               
    absentee voter is qualified to vote at the election, whether the                                                        
    signature on the certificate is consistent with the voter's                                                             
    signature in voter registration records, and whether the                                                                
    absentee ballot has been properly cast.                                                                                     
   * Sec. 8. AS 15.20.203(b) is amended to read:                                                                              
         (b)  An absentee ballot may not be counted if                                                                          
             (1)  the voter has failed to properly execute the certificate;                                                     
             (2)  an official or the witnesses authorized by law to attest                                                      
    the voter's certificate fail to execute the certificate, except that an                                                     
    absentee ballot cast in person and accepted by an absentee voting                                                           
    official or election supervisor may be counted despite failure of                                                           
    the absentee voting official or election supervisor to properly sign                                                        
    and date the voter's certificate as attesting official as required                                                          
    under AS 15.20.061(c);                                                                                                      
             (3)  the ballot is not attested on or before the date of the                                                       
    election;                                                                                                                   
             (4)  the ballot, if postmarked, is not postmarked on or                                                            
    before the date of the election;                                                                                            
             (5)  after the day of election, the ballot was delivered by a                                                      
    means other than mail; [OR]                                                                                                 
             (6)  the voter voted                                                                                               

2024-01-31                     House Journal                      Page 1406
                  (A)  in person and is a                                                                                       
                      (i)  first-time voter who initially registered by                                                         
             mail or by facsimile or other electronic transmission                                                              
             approved by the director under AS 15.07.050, has not                                                               
             provided the identification required by AS 15.15.225(a),                                                           
             was not eligible for waiver of the identification                                                                  
             requirement under AS 15.15.225(b), and has not provided                                                            
             the identifiers required in AS 15.07.060(a)(2) and (3) that                                                        
             can be verified through state agency records described in                                                          
             AS 15.07.055(e); or                                                                                                
                      (ii)  voter other than one described in (i) of this                                                       
             subparagraph, did not provide identification described in                                                          
             AS 15.15.225(a), was not personally known by the                                                                   
             election official, and has not provided the identifiers                                                            
             required in AS 15.07.060(a)(2) and (3); or                                                                         
                  (B)  by mail or electronic transmission, is a first-time                                                      
         voter who initially registered by mail or by facsimile or other                                                        
         electronic transmission approved by the director under                                                                 
         AS 15.07.050 to vote, has not met the identification                                                                   
         requirements set out in AS 15.07.060, and does not submit                                                              
         with the ballot a copy of a                                                                                            
                      (i)  driver's license, state identification card,                                                         
             current and valid photo identification, birth certificate,                                                         
             passport, or hunting or fishing license; or                                                                        
                      (ii)  current utility bill, bank statement, paycheck,                                                     
             government check, or other government document; an                                                                 
             item described in this sub-subparagraph must show the                                                              
             name and current address of the voter; or                                                                      
             (7)  the signature on the certificate is inconsistent with                                                     
    the voter's signature in voter registration records.                                                                    
   * Sec. 9. AS 15.20.203 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (k)  The district absentee ballot counting board shall                                                                 
    determine whether a voter's signature on the certificate is                                                                 
    consistent with the voter's signature in voter registration records                                                         
    under (a) of this section using a signature verification process that                                                       
    includes signature comparison software, according to a procedure                                                            
    provided in regulations adopted by the director."                                                                           
                                                                                                                                
Renumber the following bill section accordingly.                                                                                

2024-01-31                     House Journal                      Page 1407
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 4 be adopted.                                                                                                     
                                                                                                                                
Representative Prax objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 4 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 129(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 4                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  39   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
And so, Amendment No. 4 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 5 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, following line 2:                                                                                                       
    Insert new bill sections to read:                                                                                           
"* Section 1. AS 15.07.060(a) is amended to read:                                                                             
         (a)  Each applicant who requests registration or reregistration                                                        
    shall supply the following information:                                                                                     
             (1)  the applicant's name and sex;                                                                                 
             (2)  if issued, the applicant's State of Alaska driver's                                                           
    license number or State of Alaska identification card number, or                                                            
    the last four digits of the applicant's social security number;                                                             
             (3)  the applicant's date of birth;                                                                                
             (4)  the applicant's Alaska residence address;                                                                    
             (5)  a statement of whether the applicant has previously                                                           
    been registered to vote in another jurisdiction, and, if so, the                                                            
    jurisdiction and the address of the previous registration;                                                                  
             (6)  a declaration that the applicant will be 18 years of age                                                      

2024-01-31                     House Journal                      Page 1408
    or older within 90 days after the date of registration;                                                                     
             (7)  a declaration that the applicant is a citizen of the                                                          
    United States;                                                                                                              
             (8)  the date of application;                                                                                      
             (9)  the applicant's signature or mark;                                                                            
             (10)  any former name under which the applicant was                                                                
    registered to vote in the state;                                                                                            
             (11)  an attestation that the information provided by the                                                          
    applicant in (1) - (10) of this subsection is true; [AND]                                                                   
             (12)  a certification that the applicant understands that a                                                        
    false statement on the application may make the applicant subject                                                           
    to prosecution for a misdemeanor under this title or AS 11; and                                                        
             (13)  for the purpose of voting in state elections only,                                                       
    verification of United States citizenship in a manner                                                                   
    prescribed by the division in regulation.                                                                               
   * Sec. 2. AS 15.07.125 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (b)  The official registration list must identify whether a voter                                                      
    is registered to vote in state elections under AS 15.07.060(a)(13).                                                         
   * Sec. 3. AS 15.07.127 is amended by adding a new subsection to                                                            
read:                                                                                                                           
         (b)  The master register must identify whether a voter is                                                              
   registered to vote in state elections under AS 15.07.060(a)(13)."                                                           
                                                                                                                                
Page 1, line 3:                                                                                                                 
    Delete "Section 1"                                                                                                        
    Insert "Sec. 4"                                                                                                           
                                                                                                                                
Renumber the following bill sections accordingly.                                                                               
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 5 be adopted.                                                                                                     
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
The question being:  "Shall Amendment No. 5 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
                                                                                                                                
                                                                                                                                

2024-01-31                     House Journal                      Page 1409
CSHB 129(JUD)                                                                                                                   
Second Reading                                                                                                                  
Amendment No. 5                                                                                                                 
                                                                                                                                
YEAS:  1   NAYS:  39   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Eastman                                                                                                                  
                                                                                                                                
Nays:  Allard, Armstrong, Baker, Carpenter, Carrick, Coulombe,                                                                  
Cronk, Dibert, Edgmon, Fields, Foster, Galvin, Gray, Groh, Hannan,                                                              
Himschoot, C.Johnson, D.Johnson, Josephson, McCabe, McCormick,                                                                  
McKay, Mears, Mina, Ortiz, Prax, Rauscher, Ruffridge, Saddler,                                                                  
Schrage, Shaw, Stapp, Story, Stutes, Sumner, Tilton, Tomaszewski,                                                               
Vance, Wright                                                                                                                   
                                                                                                                                
And so, Amendment No. 5 was not adopted.                                                                                        
                                                                                                                                
Amendment No. 6 was not offered.                                                                                                
                                                                                                                                
Representative Saddler moved and asked unanimous consent that                                                                   
CSHB 129(JUD) be considered engrossed, advanced to third reading,                                                               
and placed on final passage.                                                                                                    
                                                                                                                                
There was objection.                                                                                                            
                                                                                                                                
CSHB 129(JUD) will advance to third reading on the February 2                                                                   
calendar.