Legislature(2023 - 2024)GRUENBERG 120
05/01/2023 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB129 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 129 | TELECONFERENCED | |
| + | HB 105 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 129-VOTER REGISTRATION
1:19:12 PM
CHAIR VANCE announced that the only order of business would be
HOUSE BILL NO. 129, "An Act relating to voter registration; and
providing for an effective date." [Before the committee was
CSHB 129(STA)].
1:19:58 PM
JAKE ALMEIDA, Staff, Representative Sarah Vance, Alaska State
Legislature, presented CSHB 129(STA) on behalf of the House
Judiciary Standing Committee, sponsor by request. He
paraphrased the sponsor statement [included in the committee
packet], which read as follows [original punctuation provided]:
House Bill 129 tackles Alaska's over-inflated voter
rolls that are estimated to be around 113 percent! The
challenge facing the Division of Elections to maintain
current and accurate voter rolls is exacerbated by a
highly transit population, automatic voter
registration on the Permanent Fund Dividend
application, and a current law that allows people to
stay registered in the state as long as they have an
"intent of returning."
HB 129 addresses these concerns by requiring the
director to send letters to confirm the address of all
voters not domiciled in Alaska and an easier system to
cancel voter registration. Furthermore, this bill
adopts the best practices for verifying valid Alaskan
voter status with multiple databases. Alaska is
currently part of the ERIC system and does not have a
50-state data comparison in place to assure those
voting in Alaska are domiciled in-state or are
qualified to vote in our elections. This bill mandates
adoption of a best practice voter registration system
with a written maintenance schedule.
The foundation of secure and trustworthy elections
begins with accurate voter rolls. Over-registering
voters makes our election system inaccurate and
vulnerable to the actions of bad actors. Compromised
data invites those with nefarious intent to exploit
inactive voters and invites those who do not live in
Alaska to influence our elections.
HB 129 provides clear direction to help clean up our
voter rolls to reflect a more accurate representation
of the Alaskan electorate to build trust in our
election system!
MR. ALMEIDA noted that in the version before the committee, CSHB
129(STA), Section 1 had been re-written to exclude the word
"domicile," which was used in the original version of the bill.
1:24:41 PM
MR. ALMEIDA began a PowerPoint presentation, titled "HB 129
Voter Registration" [hard copy included in the committee
packet]. He addressed Alaska's 106 percent voter registration
rate on slide 2, which he related to a transient population,
ambiguous "intent of retuning" language in Alaska Statutes, and
permanent fund dividend (PFD) automatic voter registration.
1:25:30 PM
REPRESENTATIVE ALLARD asserted that to her knowledge, Alaska had
a voter registration rate of 120 percent. She asked whether the
106 percent voter registration rate had been confirmed the by
Division of Elections (DOE).
MR. ALMEIDA directed the question to DOE.
1:26:43 PM
CAROL BEECHER, Director, Division of Elections (DOE), Office of
the Lieutenant Governor, deferred to Ms. Thompson.
1:27:00 PM
MICHAELA THOMPSON, Division of Elections (DOE), Office of the
Lieutenant Governor, offered to follow up with the requested
information.
REPRESENTATIVE ALLARD asked whether the question of Alaska's
voter registration rate had been posed to the division in the
past and questioned where the 120 percent figure came from.
MS. THOMPSON did not know the answer. She said [Alaska's voter
registration rate] was not a figure that was previously reported
on.
REPRESENTATIVE ALLARD sought to confirm that DOE did not know
the voter registration rate in the state of Alaska at present.
MS. THOMPSON confirmed.
REPRESENTATIVE ALLARD requested that Ms. Thompson provide the
information before the end of the bill hearing.
MS. THOMPSON said she would try.
1:28:43 PM
MR. ALMEIDA resumed the presentation on slide 3, titled
"Division of Elections Shall Adopt Regulations," which listed
the following components of the bill: annual review, review data
breaches, compare eligible voters, specify databases,
maintenance schedule, and registration cancelation.
1:29:24 PM
MR. ALMEIDA continued to slide 4, titled "Annual Review," which
read as follows [original punctuation provided]:
January of each year, the director shall examine the
master register, and shall send a notice requesting
address confirmation or correction to each voter
The notice must explain to the voter that their
registration will be inactivated unless they respond
within 45 days.
If a voter does not respond within 45 days, the
director shall inactivate the voter's registration.
1:29:51 PM
MR. ALMEIDA proceeded to slide 5, titled "Review Data Breaches,"
which read as follows [original punctuation provided]:
Regulations must provide for review of the register
for data breaches,...
State officials said "outside actors" accessed the
data through a flaw in the online voter registration
system, which has since been patched. They were able
to pull registered voters' names, dates of birth,
state identification numbers, last four digits of
Social Security numbers, addresses and party
affiliations. (Party affiliations, names and addresses
are already publicly available through the state's
voter information database.) ADN article Dec. 3, 2020
1:30:45 PM
MR. ALMEIDA advanced to slide 6, titled "Compare Eligible
Voters," which read as follows [original punctuation provided]:
Compare Persons eligible to vote in the state,
• deceased voters
• felons
• not qualified to vote under AS 15.05
• persons registered to vote in another state
1:31:05 PM
MR. ALMEIDA moved to slide 7, titled "Specify Databases," which
read as follows [original punctuation provided]:
The regulations must specify records and databases for
use in reviewing the master register;
• USPS National Change of Address Database
• Electronic Registration Information Center
• DMV records
• Department of Corrections
• Property & Sales Tax Records
• Social Security Records
• Municipal Assessor Database
• Social Security Administration Death Index
• Alien Database by Homeland Security
• Jury Duty Records
1:32:08 PM
MR. ALMEIDA concluded on slide 8, titled "Maintenance Schedule,"
which read as follows [original punctuation provided]:
The director shall develop a written maintenance
schedule and guideline manual for the system
• provide a report on the system to the Legislature
on the first day of session
• inform a voter of the criteria to qualify as a
voter and penalties for misconduct.
1:32:58 PM
MR. ALMEIDA presented the sectional analysis for CSHB 129(STA),
which read as follows [original punctuation provided]:
Section 1: Amends AS 15.07.130(a) to require the
director to send a notice requesting address
confirmation, to individuals who have taken actions to
indicate a potential change in their residency in the
state.
Section 2: Amends AS 15.07.130(b) to allow the
director to remove someone from the master register if
they do not respond within 45 days to the notice
mailed to them under (a) of section 1.
Section 3: Amends AS 15.07.130(d) to ensure the
division includes a postage prepaid and pre-addressed
return card with the notice mailed out to the voter
under (a) of section 1. It also outlines 4 sets of
criteria that the notice must indicate.
Section 4: Adds new sections to AS 15.07.130 that
requires the division to adopt best practice
regulations to ensure that multiple databases are used
to cross check the master register utilizing multiple
databases. Further requires best practice voter
registration system and a written maintenance
schedule.
Section 5: Adds a new section to AS 15.07 that
requires the director to develop a voter cancelation
policy to enhance voter roll accuracy.
Section 6: Uncodified effective date.
1:38:14 PM
REPRESENTATIVE ALLARD expressed concern about "the 45 days" and
asked whether certain individuals were exempt from that
requirement.
MR. ALMEIDA asked whether Representative Allard was referring to
Section 2 of the bill.
REPRESENTATIVE ALLARD answered yes. She pointed out that 45
days may not be enough time for military personnel or people
overseas to respond [to the notice mailed under Section 1 of the
bill]. She asked for further insight into the requirement.
MR. ALMEIDA deferred to Mr. Flynn. He noted that Ms. Beecher
expressed no concern regarding the 45-day notice requirement in
the previous committee of referral.
1:40:27 PM
THOMAS FLYNN, Assistant Attorney General, Department of Law
(DOL), clarified that the 45-day notice requirement was
unchanged from existing statute. Whether the 45-day timeframe
was reasonable, he added, was a policy decision for the
committee. He noted that an inactivated voter's status would be
reactivated by voting.
REPRESENTATIVE ALLARD opined that the 45-day notice requirement
would need to be extended for snowbirds and people traveling
overseas. She referred to slide 5 and questioned the definition
of "patched," in addition to who breached the system and whether
there were consequences.
MR. ALMEIDA noted that slide 5 referenced the data breach that
occurred two to three years ago. He directed the question to
Ms. Beecher.
1:42:10 PM
MS. BEECHER offered to follow up with the requested information.
REPRESENTATIVE ALLARD took issue with the term "outside actors,"
explaining that she preferred the word "hackers." Additionally,
she sought clarification on out-of-state licenses and whether
that would impact a person's status on the voter registration
list.
MR. ALMEIDA shared the example of snowbirds that hold out-of-
state licenses and maintain their primary residency in Alaska.
He pointed out that some states may require those individuals to
obtain a driver's license if they choose to live there for more
than 30 days.
REPRESENTATIVE ALLARD considered the example of a military
member who moved to Alaska. She asked whether the individual
would be required to obtain a driver's license after residing in
the state for more than 30 days. She expressed concern that if
a snowbird was required to obtain a driver's license in another
state, that person would be automatically registered to vote in
that state.
1:45:16 PM
CHAIR VANCE directed attention to paragraph (2) beginning on
page 1 of the bill, which required the division to send notice
to voters who have not contacted the divisions or voted in the
two years preceding the examination of the register; or voters
who, in the two years preceding the examination of the register,
had performed certain actions in other states, such as
registering to vote in another state; receiving a driver's
license from another state; or registering a vehicle in another
state. If those voters do not respond to the notice within 45
days, the division would move them to the inactive voter
registration list. She noted that a voter's inactive status
could be reactivated by voting. Consequently, a person with a
license in another state would not be automatically "booted"
from the voter registration list.
1:46:55 PM
REPRESENTATIVE EASTMAN shared a personal anecdote. He asked
whether the sponsor would be amenable to exempting active-duty
military members from some of the requirements [in Section 1 of
the bill].
CHAIR VANCE sought insight on the current process for military
members who reside overseas.
MR. FLYNN shared his understanding that military members were
not treated differently in terms of voter registration. He
directed the question to the division.
1:49:45 PM
MS. BEECHER did not know the answer. She deferred to Ms.
Thompson.
MS. THOMPSON stated that military members and overseas voters
were federally exempt from needing an "intent to return," adding
that these individuals were allowed to vote in the state where
they last established residency.
REPRESENTATIVE VANCE asked whether that answered Representative
Eastman's question.
REPRESENTATIVE EASTMAN answered no. He asked whether there was
interest in creating an exemption for active-duty military
members.
CHAIR VANCE said she was open to discussing the suggestion with
Legislative Legal Services. She noted that she added the
ability to respond via email to "close the gap" on postcards
lost in the mail and to modernize the process.
REPRESENTATIVE ALLARD expressed concern that exempting military
members would "tangle things up" because the intent to return
"filters into the PFD," which is correlated with the voter
rolls.
1:51:58 PM
REPRESENTATIVE GROH inquired about the current practice for
[inactivating a voter on the voter registration list].
MS. BEECHER sought to clarify the question. She asked whether
Representative Groh was referring to paragraph (3) on page 2 of
the bill.
REPRESENTATIVE GROH confirmed. He asked what actions were taken
by the division in terms of "checking expiration." Further, he
asked whether current practices already accomplished some of the
bill's intent.
MS. BEECHER detailed the division's current notification
practices in addition to methods for examining the master
register. She noted that currently, the division did not have
access to the information required for subparagraphs (C)-(F) in
paragraph (3).
1:55:50 PM
REPRESENTATIVE GROH inquired about the process for obtaining the
information.
MS. BEECHER directed the question to Ms. Thompson.
MS. THOMPSON replied that it depends on the data. Final
statistics on deceased voters, for example, allowed for
immediate removal from the list. Alternatively, when the
division received information from the Electronic Registration
Information Center (ERIC) system, a mailer was sent out to
voters with the opportunity to respond.
REPRESENTATIVE GROH questioned the difference between
inactivating and revoking a voter's registration status.
MS. THOMPSON explained that inactivate status was the result of
a voter registering in another state. Revocation, she
continued, occurred when a voter commits a felony crime of moral
turpitude.
REPRESENTATIVE GROH recalled a discussion about withdrawing
Alaska from the ERIC system. He requested a more thorough
explanation of ERIC and inquired about the state's current
relationship with the organization.
1:58:48 PM
MS. THOMPSON directed the question to Ms. Beecher.
MS. BEECHER described ERIC as a "member organization" with 27
state participants. Every 60 days, Alaska, as a participating
member, provided information from the Division of Motor Vehicles
(DMV) and the voter registration list. The data was then
compiled by the ERIC system into lists of eligible but not
registered voters; registered voters who were registered in
another state; individuals who died in another state; and other
information germane to Alaska. The data from ERIC was used by
the division to update the state's voter registration list, she
said.
REPRESENTATIVE GROH sought clarification on whether Alaska
intended to maintain its membership in ERIC.
MS. BEECHER said the division was evaluating the efficacy of the
ERIC system and looking to see what other states decide to do.
She stated that at this time, no decision had been made.
REPRESENTATIVE GROH referred to Section 5 of the bill, which
created a process for the director to cancel registration. He
suggested that if there were a process for voters to remove
themselves, a form should be mailed to voters along with their
voter packet.
MS. BEECHER deferred to Ms. Thompson.
MS. THOMPSON explained that the current postcard allowed voters
to respond in writing, by email, or by phone. She noted that
under current law, voters were allowed to cancel their
registration in writing or by phone regardless of receiving an
ERIC mailer.
2:02:04 PM
REPRESENTATIVE ALLARD asked how many voters were removed from
the voter registration list in 2021.
MS. BEECHER offered to follow up with the requested information.
REPRESENTATIVE ALLARD opined that the division seemed unprepared
for this meeting. She asked what would happen if an Alaskan
voter voted in another state.
MS. BEECHER shared her understanding that a registered voter was
allowed to vote in another state as long as he/she did not vote
in Alaska [in the same election].
REPRESENTATIVE ALLARD rephrased the question. She considered a
scenario in which a voter voted in both Alaska and another state
in the same election and asked how the division would respond.
MS. BEECHER said generally, the division would contact or be
contacted by the other state, which would initiate an
investigation to determine whether the act was criminal.
REPRESENTATIVE ALLARD remarked, "I have a whole list of names to
give you from the municipality."
2:04:25 PM
REPRESENTATIVE GRAY cited AS 15.07.130 and sought to clarify
what language was being added by the proposed legislation.
2:05:10 PM
The committee took an at-ease from 2:05 p.m. to 2:13 p.m.
2:13:12 PM
REPRESENTATIVE GRAY observed that many of the statutory changes
were small. He asked how the bill would change [AS 15.07.130]
in a substantive way.
2:14:01 PM
NOAH KLEIN, Attorney, Legislative Legal Services, Legislative
Affairs Agency (LAA), shared his understanding that the sponsor
gave a sectional analysis, which he proceeded to summarize.
2:16:06 PM
MR. ALMEIDA noted that the language on page 1, line 6 of the
bill would most likely need to be changed, as the [National
Voter Registration Act] did not allow states to send a single
notice of nonforwardable mail. For that reason,
"nonforwardable" on page 1, line 6, would likely need to be
amended to "forwardable" to comply with federal law.
2:17:13 PM
REPRESENTATIVE EASTMAN referred to page 1, line 4 of the bill,
and asked whether discretion would be given to the director to
send additional notices.
MR. KLINE acknowledged that under current law, discretion was
provided regarding the timing of the notice. He clarified that
the language was not providing discretion for the director to
send notice for additional reasons.
REPRESENTATIVE EASTMAN asked which of the requirements beginning
on page 2, line 3 were coming from federal law versus [the
legislature's] "own ideas as a state."
MR. KLINE declined to speak on policy decisions. He said he was
not aware of the list including specific requirements in federal
law.
2:20:07 PM
REPRESENTATIVE GRAY asked how the division would receive the
information outlined on page 2, lines 3-14 of the bill.
MS. BEECHER replied that ERIC offered DMV data and voter
registration information from participating states. In other
instances, DOE might be informed by the voters themselves.
Additionally, ERIC provided data from the National Change of
Address Program, she said. Otherwise, the division did not have
a method for receiving data on voters who registered vehicles in
other states; received public assistance in another state;
served on a jury trial in another state; or obtained a hunting
or fishing license in another state.
REPRESENTATIVE GRAY asked whether DOE would need to find a way
to obtain that information should the bill pass.
CHAIR VANCE answered yes, adding that she was currently
discussing it with the division. She described [subparagraphs
(A)-(G)] as "markers to close the gap on people who are no
longer residents in the state that may be voting." She
explained that she was considering different governmental
databases as a means for collecting reliable information on
people that should no longer be on Alaska's voter rolls.
REPRESENTATIVE GRAY is whether DOE was being mandated to query
other states for the information [on page 2, lines 3-14].
CHAIR VANCE replied that the list would provide the division
with the authority to contact voters and potentially change
their status to inactive on the voter registration list.
REPRESENTATIVE GRAY offered a personal anecdote, sharing that he
had never notified a state after moving. He expressed concern
that the verification process could be a drain on resources.
MR. ALMEIDA highlighted the "or" on page 2, line 2.
2:25:38 PM
REPRESENTATIVE EASTMAN asked whether anything in federal law
gave American citizens the right to be registered to vote in two
different states simultaneously.
MR. ALMEIDA said he was not aware of that.
CHAIR VANCE did not know the answer.
2:27:53 PM
MR. FLYNN said he was not aware of any requirement in federal
law. As a general rule, he added, states manage their own voter
list subject to federal laws.
REPRESENTATIVE EASTMAN referred to page 2, line 5, and asked
whether anything would prevent Alaska from obstructing a voter's
eligibility due to voter registration in another state.
MR. FLYNN cited AS 15.05.010(4), which prohibits voters from
being registered to vote in another jurisdiction. He shared his
understanding that the division would cancel a voter's
registration upon notification of such behavior.
REPRESENTATIVE EASTMAN understood the bill language to suggest
that a voter's registration would not be automatically cancelled
for voting in another state. He asked whether there was
"utility in keeping [voters] in the mix."
MR. ALMEIDA directed the question to DOE.
REPRESENTATIVE EASTMAN clarified his question, asking why the
state would choose to place a voter on inactive status, as
opposed to complete removal from the voter registration list
upon registering to vote in another state.
2:31:19 PM
MS. BEECHER deferred to Mr. Flynn.
MR. FLYNN said it depends on how the division obtains the
information. He differentiated between suspicions of a voter
moving, as opposed to formally receiving the information from
another state. In the first instance, a voter would be
triggered for list maintenance per [AS 15.07.130].
REPRESENTATIVE EASTMAN restated his question. He questioned
whether a voter would be removed from the voter registration
list if the division found out that he/she was registered to
vote in another state.
MR. FLYNN said if the division was told by the voter that he/she
was registered to vote in another state, DOE could take that
person at their word. Alternatively, the list maintenance
process would be triggered if DOE was informed by ERIC that a
voter had moved.
REPRESENTATIVE EASTMAN clarified that he was talking about
registering to vote in another state - not moving to another
state.
MR. FLYNN shared his understanding that the voter would be
removed from the voter registration list if the division was
informed that he/she had registered to vote in another state.
2:33:46 PM
REPRESENTATIVE ALLARD asked how many new voters [registered to
vote] in the state of Alaska since 2016 to present day.
Additionally, she asked how many voters the state had lost since
2016.
MS. BEECHER offered to follow up with the requested information.
2:34:40 PM
REPRESENTATIVE GROH asked how much it costs Alaska to maintain
its membership in ERIC.
MS. BEECHER stated that Alaska paid dues each year to be an ERIC
member. Further, the type of data compilation and how the state
acted on it also added to the membership cost.
REPRESENTATIVE GROH sought to confirm that membership in ERIC
costs each member state $26,000. He suggested that the cost was
worthwhile for the division to continue to receive data from
other states.
CHAIR VANCE clarified that the bill was not advocating for the
state to withdraw from ERIC. Instead, the bill was advising the
use of additional government databases to fill the gaps in
information.
2:38:02 PM
REPRESENTATIVE C. JOHNSON asked whether Alaska had same-day
registration.
MS. BEECHER confirmed that people were allowed to register on
election day for a presidential election; however, she shared
her belief that there was a 30-day timeframe for state
elections.
MS. THOMPSON confirmed that same-day registration was allowed
for presidential elections. For all other races, voters must be
registered to vote 30 days prior to election day.
REPRESENTATIVE C. JOHNSON considered the example of an Arizonian
who was traveling to Alaska and asked whether that individual
would be required to register in Alaska to vote in the
presidential election.
MS. THOMPSON replied that the traveler would need to request an
absentee ballot.
2:40:20 PM
REPRESENTATIVE ALLARD sought to confirm that same-day
registrants were only allowed to vote for the president and
asked whether those individuals received a different ballot.
MS. THOMPSON explained that if an individual were to vote at the
polling place and he/she was not on the voting register, that
person would vote a question ballot. The question ballot would
be sent to the Question Review Board, which would determine that
the individual had not been registered by the 30-day
registration deadline, making the presidential race the only
eligible portion of the ballot. She termed this type of ballot
a "partial count ballot."
2:41:40 PM
REPRESENTATIVE GRAY sought to confirm that a person could
reactivate his/her inactive status by voting.
MR. FLYNN answered yes. He described inactive status as a pre-
cancellation status, which could be reactivated by contacting
the division or attempting to vote.
REPRESENTATIVE GRAY asked whether a person could reactivate
his/her voter registration in Alaska by voting after obtaining a
hunting license or registering a vehicle in another state, for
example.
MR. FLYNN replied yes, as none of those actions would disqualify
a person's status as an inactive voter.
REPRESENTATIVE GRAY asked why nonforwardable mail was
unfavorable.
MR. ALMEIDA reiterated that the [National Voter Registration
Act] of 1993 required last notices to be forwardable.
Consequently, Section 1, subsection (a) of the bill was in
violation of that law, so "nonforwardable" would need to be
changed to "forwardable."
REPRESENTATIVE GRAY asked why the notice was nonforwardable to
begin with.
CHAIR VANCE clarified that under current law, the first notice
was nonforwardable and the second notice was forwardable.
REPRESENTATIVE GRAY asked why the first notice was
nonforwardable.
MR. FLYNN explained that the first notice was nonforwardable
because the notice must be returned as undeliverable before the
division can send the second notice. The "two-notice scheme,"
he said, requires the undeliverable aspect that nonforwardable
mail provides.
2:45:51 PM
REPRESENTATIVE EASTMAN suggested sending one forwardable notice,
rather than "[going] through the process, particularly for those
things that are eventually going to be returned as
unforwardable."
MR. FLYNN pointed out that Representative Eastman was
criticizing the current statutory scheme. He explained that the
undeliverable aspect would no longer be part of the requirement
to remove an individual from the voter rolls with the
forthcoming amendment, which would change "nonforwardable" to
"forwardable" to comply with federal law.
REPRESENTATIVE EASTMAN questioned whether the ballots provided
at polling locations were the same as same-day registration
ballots. For example, he asked whether there was a
"presidential only" ballot.
2:48:15 PM
MS. THOMPSON stated that for absentee voting, the "federal only"
ballot offered only the federal races for those individuals
residing permanently overseas.
REPRESENTATIVE EASTMAN recalled the existence of a ballot that
only allowed voters to vote on the ballot measures. He asked
whether that was accurate.
MS. THOMPSN replied that the "ballot measure only" ballot
existed under the old party primary system.
2:49:45 PM
CHAIR VANCE announced that CSHB 129(STA) would be held over.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 129 - Sponsor Statement.pdf |
HJUD 5/1/2023 1:00:00 PM |
HB 129 |
| HB 129 - v.B.PDF |
HJUD 5/1/2023 1:00:00 PM |
HB 129 |
| HB 129 - v.B Sectional Analysis (05-01-23).pdf |
HJUD 5/1/2023 1:00:00 PM |
HB 129 |
| HB 129 - Slideshow Presentation.pdf |
HJUD 5/1/2023 1:00:00 PM |
HB 129 |
| HB 129 - PILF-best-practices-report-FINAL.pdf |
HJUD 5/1/2023 1:00:00 PM |
HB 129 |
| HB 129 - Why does Alaska have a 106 voter regisration.pdf |
HJUD 5/1/2023 1:00:00 PM |
HB 129 |