Legislature(2023 - 2024)GRUENBERG 120
03/28/2023 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB135 | |
| HB1 | |
| HB37 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 135 | TELECONFERENCED | |
| *+ | HB 140 | TELECONFERENCED | |
| *+ | HB 1 | TELECONFERENCED | |
| *+ | HB 37 | TELECONFERENCED | |
| *+ | HB 129 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 37-ELECTIONS, VOTING, BALLOTS
4:25:14 PM
CHAIR SHAW announced that the final order of business would be
HOUSE BILL NO. 37, "An Act relating to elections; relating to
voters; relating to the crime of unlawful interference with
voting; and providing for an effective date."
4:26:00 PM
JOAN WILKERSON, Staff, Representative Calvin Schrage, Alaska
State Legislature, presented HB 37, on behalf of Representative
Schrage, prime sponsor. She provided the sponsor statement
[included in the committee packet], which read as follows
[original punctuation provided]:
House Bill 37 seeks to ensure that every eligible
Alaskan voter has the opportunity to participate in
Alaska's elections in a safe, secure, and accessible
manner while ensuring valid votes are not rejected due
to minor, correctable errors. HB 37 accomplishes this
by modernizing Alaska's elections, eliminating the
witness signature requirement, establishing a
signature verification system, creating a ballot
curing process, and implementing same-day voter
registration, among other changes.
The purpose of HB 37 is to remove barriers to the
ballot box at every stage of Alaska's election process
while promoting transparency and bolstering the
integrity of Alaska's elections.
4:28:16 PM
MS. WILKERSON presented a sectional analysis of HB 37 [included
in the committee packet], which read as follows [original
punctuation provided]:
Section 1 Removes language from AS 15.05.010
requiring a qualified voter to register before an
election as stipulated in AS 15.07.
Section 2 Amends AS 15.07.060(a) to allow a person
registering or re-registering as a voter to apply
using an electronic signature. The section also amends
AS 15.07.060 to require those who are registered in
another jurisdiction to acknowledge an understanding
that the director will notify the chief elections
officer of the other jurisdiction that the applicant
has registered to vote in this state and request the
applicant's voter registration in the other
jurisdiction be canceled. Also requires the applicant
to acknowledge understanding that false statements on
the application are subject to prosecution for
perjury.
Section 3 - Amends AS 15.07.060 to add a new
subsection allowing an applicant to designate in which
language the applicant prefers to receive the ballots
and other election materials printed for the election,
based upon the written languages in which the division
is required by 52 U.S.C. 10503 to print election
materials. Amends AS 15.07.060 to require an applicant
seeking registration within 30 days of election day to
provide an affidavit attesting whether the applicant
established residency at least 30 days before the
election in the state and the house district in which
the applicant seeks to vote, and to provide proof
through government identification or bills displaying
applicant's name and Alaska residence address.
Section 4 Amends AS 15.07.070(c) to stipulate that
an applicant whose registration does not meet the
requirements for placement on the master register for
the next election may vote an absentee in-person,
special needs, or questioned ballot in that election.
Section 5 Amends AS 15.07.070(d) to stipulate that a
qualified voter who registers within 30 days of an
election may vote only an absentee in-person, special
needs or questioned ballot at that election. It
removes the language making the person ineligible to
vote at that election, and restricts the division from
rejecting the absentee in-person, special needs or
questioned ballot of a qualified voter who registered
within 30 days of election on the grounds the voter is
not on an official registration list.
Section 6 Amends AS 15.07.070(h) requiring the
voter's certificate used for voting an absentee in-
person, special needs, or questioned ballot to include
instructions that a person registering to vote using
the voter's certificate and wishing to declare the
person's affiliation should complete the affiliation
section on the certificate.
Section 7 - Amends AS 15.07.090(b) to stipulate that a
person who has reregistered under this subsection may
vote only an absentee in-person, special needs or
questioned ballot until the next election occurs, at
least 30 days after re-registration. The division may
not reject the absentee inperson, special needs or
questioned ballot of a qualified voter who reregisters
within 30 days before election day because the voter's
name is not on official registration list.
Section 8 Amends AS 15.07.090(c) to require a person
who, within 30 days before election day, has moved to
a new precinct to vote only an absentee in-person,
special needs or questioned ballot. The division may
not reject the ballot of a qualified voter who
transferred registration within 30 days before
election on the grounds the voter is not on the
official registration list for the election. A voter
must reside in the new house district for at least 30
days to vote a ballot for that district.
Section 9 Amends AS 15.07.090(d) to stipulate that a
qualified voter who registers within 30 days of
election and for whom no evidence of registration in
the precinct can be found may only vote an absentee
in-person, special needs, or questioned ballot, and
that the division may not reject said ballot on the
grounds the voter is not on the official registration
list for the election.
Section 10 Amends AS 15.07.130(e) to rename absentee
voting stations "early voting stations."
Section 11 Amends AS 15.10.090 to require the
division, whenever possible, to send two written
notices of a change of precinct boundary or polling
place designation.
Section 12 Amends AS 15.10.170(a) to allow an
organization sponsoring or opposing a ballot
proposition to have watchers at polls and counting
centers once authorized by the director of Elections,
and signed acknowledgment of the watcher's appointment
by the chairperson of the organization.
Section 13 - Adds a new subsection to AS 13.15.060
stipulating each polling place will provide language
assistance as required by 52 U.S.C. 10503.
Section 14 Adds a new subsection to AS 15.15.170
prohibiting the display of photo or video images of a
person's marked ballot near an election polling place
if the display is an attempt to persuade a person to
vote for against a candidate or proposition.
Section 15 Amends AS 15.15.280 to prohibit a voter
from exhibiting the voter's marked ballot to an
election official to enable the person to ascertain
how the voter marked the ballot.
Section 16 Adds a new subsection to AS 15.15.280
requiring that the prohibition against showing a
marked ballot at a polling place does not apply to a
voter who requests assistance voting (under AS
15.15.240) or, subject to the prohibition on political
persuasion within 200 feet of an entrance, shares a
photo of the voter's marked ballot. This section would
allow the use of "ballot selfies."
Section 17 - Amends AS 15.15.370 to add a stipulation
requiring that, when the director of Elections
publishes unofficial ballot total results, they will
include the subsequent rankings selected by the voters
who ranked that candidate as the voters' first choice.
Section 18 Adds a new subsection to AS 15.15.430(a)
to include in the director's review of ballot counting
voter's rankings for each candidate on the ballot.
Section 19 Amends AS 15.20.020 to require the
director make available instructions on how to use the
online system for tracking absentee ballots
established in AS 15.20.221.
Section 20 Amends AS 15.20.030 to include a postage-
paid return envelope with the mail-in ballot and
materials. It also adds a space for recording the date
of the voter's signature declaring the person is a
qualified voter. This section prohibits identification
of a voter's party affiliation on the ballot envelope,
and also removes reference to the requirement of
witness signatures.
Section 21 Amends AS 15.20.045 to stipulate 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.
The section requires the director to provide public
notice when a location is no longer appropriate for
use as an early voting station.
Section 22 Amends AS 15.20.045(c) to replace the
term "absentee voting station" with the term "early
voting station".
Section 23 Adds a new subsection to AS 15.20.045
requiring the director to appoint one or more
registration officials to serve in each early voting
station in all elections during the hours the station
is open.
Section 24 Amends AS 15.20.050 to require the
director of Elections to notify the public of the
location of early voting stations. Renames absentee
voting stations as early voting stations.
Section 25 Conforming language to rename "absentee
voting stations" as "early voting stations".
Section 26 Amends AS 15.20.064(b) specifying that
verification of a voter's residence address appearing
on the official registration list must be current for
that election.
Section 27 Adds new subsection (e) to AS 15.20.064
that requires a voter to cast an absentee ballot if a
voter's eligibility to vote cannot be verified by an
election official.
Section 28 Amends AS 15.20.072(b) to allow a voter,
through a representative, to request a special needs
ballot from an absentee voting official at an early
voting station. This aligns AS 15.20.072(b) with
renaming "absentee voting station" as "early voting
station" for uniformity.
Section 29 Amends AS 15.20.081 (b) to require
absentee ballot applications to permit the person to
declare a political affiliation, if any.
Section 30 Amends AS 15.20.081(d) to eliminate the
witness requirement for absentee ballots.
Section 31 Amends AS 15.20.081 to add a new
subsection (m) that 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. The new
subsection stipulates that the director may require a
voter to reapply to receive an absentee ballot by mail
if the voter has not voted an absentee ballot for four
years or the voter's previous absentee ballot was
returned as undeliverable. Also adds new subsection
(n) that requires the director to provide a ballot and
election materials in a language other than English if
a voter so requests at least 45 days before an
election and if the requested language is one listed
in 52 U.S.C. 10503.
Section 32 Amends AS 15.20.201(a) to require the
election supervisor to begin reviewing voter
certificates and envelopes for absentee ballots ten
days before election day, which is three days earlier
than current law. Also, this section adds the
requirement that an absentee ballot may not be counted
until the voter certificate has been reviewed.
Section 33 - Amends AS 15.20.203(b) to require the
election board to reject an absentee ballot if the
voter has not signed the certificate, if the ballot
envelope and certificate is delivered, postmarked, or
has a tracking barcode showing it was mailed after
election day, or if the signature on the certificate
does not match the voter's registration records. This
section implements signature verification and removes
the requirement of a witness signature on the
certificate.
Section 34 Adds a new subsection (k) to AS 15.20.203
requiring district absentee boards to verify the
voter's signature on the certificate is consistent
with the voter's signature in voter registration
records. An exception is made for voters who vote
absentee in-person. Also, requires the director to
provide training in signature verification and
signature comparison software for election officials
reviewing signatures.
Section 35 Amends AS 15.20.220(b) to add absentee
ballots properly cured to the list of ballots to be
reviewed by the state review board.
Section 36 Adds new subsection AS 15.20.221 which
establishes an online ballot tracking system designed
to allow a voter to easily use the system through a
mobile electronic device to confirm receipt and
progression, by date, of the voter's ballot through
the election system. The tracking system also
indicates the process by which a voter can cure issues
with the ballot such as lack of a signature, a
signature that does not match the signature on record,
or identity verification questions. The system will
also provide the reason a ballot was not counted.
Section 15.20.222 creates a procedure for curing
uncounted ballots by allowing a voter to cure an
absentee ballot rejected because a voter does not have
a signature stored in voter registration records,
failed to sign the certificate, the signature on the
certificate does not match the signature in the voter
registration records, or the voter provided
insufficient proof of identity as required by AS
15.20.081(f). If a voter's absentee ballot was
rejected on or before election day, the voter may
attest in a sworn affidavit that the voter's absentee
ballot was rejected and mark a questioned ballot.
Section 37 Amends AS 15.20.800 (a) to allow the
director of Elections to conduct an election by mail
in small communities with a population of 750 or less
where the Division of Elections is unable to hire
election workers or in areas threatened by natural
disasters, disease outbreak or imminent terrorist
attack. Also specifies that the provisions on
disaster/disaster declarations apply to all
communities, not just 750 or less.
Section 38 Amends AS 15.56.030(d) to specify that
the postage-paid return envelopes provided pursuant to
AS 15.20.030 for purposes of returning ballots do not
constitute the crime of unlawful interference with
voting, as they are not considered an "other valuable
thing" pursuant to AS 15.56.030(a).
Section 39 Amends AS 15.56.199(1) to adjust the
definition of "election" to include local elections as
defined in AS 15.80.010 conducted by the Division of
Elections, not just state elections.
Section 40 Adds new section AS 15.80.009 to
establish a minimum compensation for election workers.
Section 41 Amends AS 29.20.380(c) to authorize a
municipal clerk to act as an absentee voting official
for an early voting station under AS 15.20.045(b).
Conforming language changing "absentee voting station"
to "early voting station."
Section 42 Adds new subsection (d) to AS 29.26.050
which stipulates that a person living within a
municipality for at least 30 days, but who has not
registered to vote in state elections at a residence
address within the municipality for at least 30 days
before a municipal election, may vote only an
absentee, special needs or questioned ballot. The
municipality may not reject the ballot of a qualified
voter who registers within 30 days before election day
because the voter is not on the official registration
list.
Section 43 Repeals AS 29.26.050(a)(3), requiring a
voter to be registered at least 30 days before the
municipal election at which the person seeks to vote.
Also repeals AS 15.10.170 (b), AS 15.20.203(j) and AS
29.26.050(a)(3).
Section 44 Adds a new section to uncodified law
stipulating the division of elections shall provide a
report to the Legislature by November 1, 2025,
recommending options for expanding early voting in
rural communities and low-income neighborhoods.
Section 45 Adds a new section to uncodified law on
the applicability of AS 15.56.030(d), stipulating that
sec. 38 of this Act applies to offenses committed on
or after the effective date of this bill. Section 46
Adds a new section to uncodified law stipulating the
division of elections may adopt regulations necessary
to implement the changes made by this bill in
accordance with the Administrative Procedures Act.
Section 47 Stipulates Section 46 takes effect
immediately. Section 48 Provides an effective date
of January 1, 2024, for the bill's provisions except
for section 47.
4:43:35 PM
CHAIR SHAW invited Ms. Wilkerson to speak to the fiscal note.
MS. WILKERSON acknowledged the fiscal note from DOE, deferring
any questions to the division's staff.
4:44:46 PM
The committee took a brief at-ease.
4:45:16 PM
REPRESENTATIVE ALLARD asked who would benefit from changing the
current voting laws.
MS. WILKERSON deferred to the bill sponsor.
4:46:08 PM
CHAIR SHAW asked Ms. Beetcher to speak to the fiscal note.
4:46:18 PM
CAROL BEETCHER, Director, Division of Elections (DOE), Office of
the Lieutenant Governor, noted that the division's fiscal note
reflected the capital cost for the new systems required to
implement the proposed legislation, including a signature
verification system in each region.
CHAIR SHAW commenced invited testimony.
4:47:30 PM
DANIEL GRIFFITH, Senior Director of Policy, Secure Democracy
USA, paraphrased his written testimony [included in the
committee packet], which read as follows [original punctuation
provided]:
Dear Chairman Shaw and esteemed members of the House
State Affairs Committee,
Thank you for the opportunity to provide written
testimony in support of House Bill 37. Building on
bipartisan proposals introduced last session, HB 37
would:
? Strengthen election security by verifying absentee
voters' identity through signature matching;
? Enhance election transparency by improving Alaska's
ballot tracking system;
? Help ensure that every eligible Alaskan will have
their ballot counted by creating a cure process for
absentee ballots; and
? Allow eligible Alaskans to more conveniently
exercise their freedom to vote through important
modernizations.
My name is Peter Skopec, and I am the Director of
Advocacy for Secure Democracy USA. We are a national,
nonpartisan nonprofit that works across the aisle with
state leaders, election administrators, and policy
experts to build greater confidence in our elections
and improve voter access across the United States.
We believe that strengthening election security and
guaranteeing that every eligible citizen has the
freedom to exercise their right to vote are not
mutually exclusive. In fact, the best way to build
confidence and trust in our elections is by advancing
the policies contained in HB 37 that achieve both of
these objectives at the same time. We applaud
Representative Schrage and members of the committee
for working across the aisle to consider this well-
balanced bill.
First, HB 37 will build confidence in our elections by
strengthening election security. Under HB 37, the
Division of Elections would verify absentee ballots by
matching a voter's signature to the signature in their
voter registration file the most common and trusted
way to verify absentee ballots nationwide.
Current law requires an absentee voter's ballot
certificate to be notarized or witnessed. This process
is unnecessarily burdensome particularly for rural
and senior voters compared to other, equally
effective forms of ballot verification. Most states
including many western, rural states with high
absentee participation rates, such as Idaho, Montana,
Nebraska, North Dakota, South Dakota, Utah, and
Wyoming allow voters to return their absentee ballot
by providing identifying information such as a voter's
signature, address, and/or date of birth.
Alaska is one of only 11 states that require voters to
obtain a witness or notary signature before returning
their ballot envelope. This requirement has become
even more challenging in the wake of the United States
Postal Service's decision, in 2020, to no longer allow
Postal employees to serve as witnesses. Replacing this
burdensome witness/notary requirement with more
effective signature matching is an excellent
improvement that would make voting more accessible to
Alaskans, without sacrificing election security.
Second, HB 37 enhances election transparency through
improvements to Alaska's absentee ballot tracking
system. While Alaska already offers some level of
ballot tracking, the existing system could offer
voters more detailed information throughout the
absentee voting process particularly by letting them
know whether their ballot was counted.
The comprehensive, free, online, mobile-friendly
ballot tracking system created by HB 37 would allow
voters to confirm that their absentee ballot was
mailed by the Division of Elections, track its
delivery to the voter, and confirm that the completed
ballot was returned and counted. Fourteen states,
including Utah, Texas, and Florida, require that
voters be able to track their mail ballots in this
way, and many other states also provide this critical
level of detail to voters administratively.
As discussed below, ballot tracking would also support
Alaska's cure process, as proposed by HB 37, by
helping absentee voters recognize and fix errors on
their ballot envelopes.
Third, HB 37 would help ensure that every eligible
voter will have their ballot counted by creating a
uniform, statewide cure process. Cure processes allow
elections officials to contact voters to correct
common, honest mistakes on their absentee ballots,
such as a missing signature. Not only does this
measure assure Alaska voters that their ballot will be
counted, but it also gives elections officials another
security check to identify and address any cases of
actual fraud or illegal voting.
In just the past few years, 16 states including
Texas, Louisiana, Indiana, and Kentucky have adopted
permanent or temporary cure processes. In total, 31
states across the political spectrum, including large
western and rural states like Montana, Utah, and North
Dakota, notify and give voters the opportunity to cure
ballots with minor mistakes.
The absence of a uniform, statewide cure process
contributed to unacceptably high absentee ballot
rejection rates in Alaska's elections in 2022, and has
left the state vulnerable to Due Process and Equal
Protection challenges under the U.S. Constitution.
Combining signature verification with a cure process,
as HB 37 does, is widely regarded as a best practice
in election administration, and would greatly benefit
election security and voter access.
Finally, HB 37 proposes important modernizations that
will allow Alaskans to more conveniently access their
freedom to vote. Among other updates, the bill expands
Alaska's existing same-day voter registration system;
creates an absentee voter list that allows voters who
prefer to vote by mail or are unable to vote in person
to apply once and then continue to receive absentee
ballots for future elections without the need to re-
apply; and provides postage-paid return envelopes to
absentee voters.
Every eligible voter should have the freedom to cast
their ballot securely and conveniently, the confidence
to know their vote was counted, and the certainty that
reported election results are accurate and
trustworthy. HB 37 will bring Alaska's election system
in line with best practices for security,
transparency, access, and accountability. In doing so,
we strongly believe this legislation will strengthen
the public's confidence in Alaska's elections.
We thank Representative Schrage for his leadership
introducing this important legislation, and Chairman
Shaw and the esteemed members of the committee for the
opportunity to submit written testimony. We would be
happy to provide the committee with any additional
information, including the implementation and effect
of similar provisions in other states.
We respectfully urge you to support HB 37.
4:51:38 PM
The committee took a brief at-ease.
4:51:53 PM
CHAIR SHAW opened public testimony on HB 37.
4:52:14 PM
PAT RACE stated his support for HB 37, specifically highlighting
the elimination of the witness signature requirement and the
signature verification system as positive elements of the bill.
He opined that the bill would improve access to voting, voter
registration, and help with the curing process. Additionally,
he expressed support for the ballot tracking provision.
4:54:24 PM
BARBARA TYNDALL stated her opposition to HB 37, expressing a
lack of confidence in the election system. She opined that
eliminating the witness requirement would add "a link in the
chain" of election fraud. Further, she reported that same-day
registration had been identified by the Heritage Foundation as a
huge flaw in elections, as more time was needed to verify the
accuracy of the registration information and confirm the
individual's eligibility.
4:55:58 PM
SUE SHERIF, Co-president, League of Women Voters of Alaska,
expressed her support for HB 37. She emphasized the importance
of ensuring safety and security in the election system; however,
equally important was the assurance that election procedures
were not providing barriers to qualified voters. She
highlighted three favorable provisions in the proposed
legislation: pre-paid postage for absentee and mail ballots;
establishment of the signature verification process and
elimination of the witness signature; and the curing process.
She opined that if HB 37 were to pass, more Alaskans' votes
would count.
4:59:09 PM
MICHAEL GARVEY, American Civil Liberties Union of Alaska,
expressed support for HB 37. He referenced the ACLU's written
testimony [included in the committee packet], highlighting
specific support for the ballot curing provision in HB 37. He
urged the committee to move forward with sensible policy changes
included in the bill, such as paid postage and registration for
permanent absentee voting.
5:01:14 PM
CHAIR SHAW closed public testimony on HB 37. He announced that
the bill would be held over.