Legislature(2025 - 2026)GRUENBERG 120
05/09/2025 01:00 PM House JUDICIARY
Note: the audio ![]()
and video ![]()
recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.
| Audio | Topic |
|---|---|
| Start | |
| Presentation(s): Legal Implications of Prosecuting American Nationals in Alaska's Elections | |
| HJR10 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 198 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | HJR 10 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
May 9, 2025
1:27 p.m.
DRAFT
MEMBERS PRESENT
Representative Andrew Gray, Chair
Representative Chuck Kopp, Vice Chair
Representative Ted Eischeid
Representative Genevieve Mina
Representative Sarah Vance
Representative Mia Costello
Representative Jubilee Underwood
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
PRESENTATION(S): LEGAL IMPLICATIONS OF PROSECUTING AMERICAN
NATIONALS IN ALASKA'S ELECTIONS
- HEARD
HOUSE JOINT RESOLUTION NO. 10
Proposing amendments to the Constitution of the State of Alaska
relating to the Alaska permanent fund and to appropriations from
the Alaska permanent fund.
- MOVED HJR 10 OUT OF COMMITTEE
HOUSE BILL NO. 198
"An Act relating to the obstruction or hindrance of lawful
trapping of game; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: HJR 10
SHORT TITLE: CONST AM: PERMANENT FUND; POMV;EARNINGS
SPONSOR(s): REPRESENTATIVE(s) SCHRAGE
02/21/25 (H) READ THE FIRST TIME - REFERRALS
02/21/25 (H) STA, JUD, FIN
03/20/25 (H) STA AT 3:15 PM GRUENBERG 120
03/20/25 (H) -- MEETING CANCELED --
04/24/25 (H) STA AT 3:15 PM GRUENBERG 120
04/24/25 (H) Heard & Held
04/24/25 (H) MINUTE(STA)
04/29/25 (H) STA AT 3:15 PM GRUENBERG 120
04/29/25 (H) Heard & Held
04/29/25 (H) MINUTE(STA)
05/01/25 (H) STA AT 3:15 PM GRUENBERG 120
05/01/25 (H) Moved HJR 10 Out of Committee
05/01/25 (H) MINUTE(STA)
05/02/25 (H) STA RPT 4DP 3DNP
05/02/25 (H) DP: HOLLAND, HIMSCHOOT, STORY, CARRICK
05/02/25 (H) DNP: VANCE, MCCABE, MOORE
05/05/25 (H) JUD AT 1:00 PM GRUENBERG 120
05/05/25 (H) Heard & Held
05/05/25 (H) MINUTE(JUD)
05/09/25 (H) JUD AT 1:00 PM GRUENBERG 120
05/09/25 (H) FIN AT 1:30 PM ADAMS 519
WITNESS REGISTER
CHARLES ALA'ILIMA, Board Member
Right to Democracy
Anchorage, Alaska
POSITION STATEMENT: Co-offered the Legal Implications of
Prosecuting American Nationals in Alaska's Elections
presentation.
TAFILISAUNOA TOLEAFOA, Executive Director
Pacific Community of Alaska
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the Legal
Implications of Prosecuting American Nationals in Alaska's
Elections presentation.
KATHLEEN WALLACE, Director
Division of Motor Vehicles
Department of Administration
City & State
POSITION STATEMENT: Answered questions during the Legal
Implications of Prosecuting American Nationals in Alaska's
Elections presentation.
CAROL BEECHER, Director
Division of Elections
Office of the Lieutenant Governor
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the Legal
Implications of Prosecuting American Nationals in Alaska's
Elections presentation.
JOHN SKIDMORE, Assistant Attorney General
Criminal Division
Department of Law
City & State
POSITION STATEMENT:
REPRESENTATIVE CALVIN SCHRAGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Gave introductory remarks on HJR 10, as the
prime sponsor.
DEVEN MITCHELL, Executive Director
Alaska Permanent Fund Corporation
Juneau, Alaska
POSITION STATEMENT: Answered questions on Amendment 2 during
the hearing on HJR 10.
ACTION NARRATIVE
1:27:40 PM
CHAIR ANDREW GRAY called the House Judiciary Standing Committee
meeting to order at 1:27 p.m. Representatives Underwood, Mina,
Vance, and Gray were present at the call to order.
Representatives Costello, Eischeid, and Kopp arrived as the
meeting was in progress. Also presented was Representative
Holland.
^PRESENTATION(S): Legal Implications of Prosecuting American
Nationals in Alaska's Elections
PRESENTATION(S): Legal Implications of Prosecuting American
Nationals in Alaska's Elections
1:28:38 PM
CHAIR GRAY announced that the first order of business would be
the Legal Implications of Prosecuting American Nationals in
Alaska's Elections presentation.
CHAIR GRAY gave the following prepared remarks, which read as
follows [original punctuation provided]:
The Judiciary Committee is holding this hearing to
examine the legal and constitutional issues
surrounding the recent voter misconduct charges
brought against ten American Samoan residents of
Whittier, Alaska. These prosecutions raise many
questions about the intersection of federal
citizenship, voter eligibility, and the rights of U.S.
nations.
And before we start, I need to mention that this issue
is extremely personal for me as the Representative of
House District 20, the U-Med district in Anchorage.
In August of 2024, my constituent Easter Leafa, a
Samoa was shot and killed by the Anchorage Police
Department in her home in my district in front of her
family. That heartbreaking case is hopefully changing
the way APFD uses deadly force, but the effect is that
it has shone a light on the struggles of the Samoan
community in Alaska. The way American Samoans are
treated in our state is very important to me and very
important to the U-Med district in particular.
Our goal today is not to interfere with any individual
legal case, but to understand how our current laws,
systems, and practices affect people who were born in
America Samoa individuals who live under the U.S.
flag, carry a U.S. passport, and owe permanent
allegiance to the United States, yet are not
considered U.S. citizens by birth.
We are seeking answers to three key questions:
1. How do state agencies like the Division of Elections
and the DMV currently handle voter registration for
U.S. nationals?
2. What legal obligations and rights do American
Samoans have under both state and federal law?
3. And how can we, as a legislative body, ensure that
Alaska's electric laws are applied fairly, clearly,
and without unintended harm?
1:32:00 PM
CHARLES ALA'ILIMA, Board Member, Right to Democracy, gave
historical context to American Samoa and its deeded sovereignty
to the U.S. Referencing a document, titled "Right to Democracy"
[included in the committee packet], he explained that the
federal government labeled individuals born in American Samoa as
"nationals," but not citizens of the United States. As so-
called "non-citizen U.S. nationals," these individuals owe
permanent allegiance to the United States and have the full
obligations of citizenship; however, they cannot vote in federal
elections or hold federal office. He explained that if a child
is born in American Samoa with a parent who is recognized as a
U.S. citizen by the federal government, that child is also a
U.S. citizen. The U.S. "national" status includes anyone born
in the U.S. and is subdivided into two categories: U.S.
national/citizen and U.S. national/noncitizen. All persons born
in the other four U.S. territories are recognized as U.S.
national/citizen by birth, but those born in American Samoa
remain outside the definition for purposes of defining
birthright citizenship. This has created confusion over
American Samoans' status. He elaborated on this confusion, the
Fourteenth Amendment, and the Right to Democracy's effort on
securing citizenship recognition.
1:49:42 PM
MR. ALA'ILIMA, in response to committee questions regard, said
Alaska has the authority to define state citizenship and
encouraged the legislature to look into whether citizenship
could be amended by statute as opposed to constitutional
amendment.
CHAIR GRAY shared his understanding that the Constitution of the
State of Alaska ("Alaska Constitution"), Section 5.1, would
require a constitutional amendment to extend citizenship to
nationals.
1:53:15 PM
TAFILISAUNOA TOLEAFOA, Executive Director, Pacific Community of
Alaska, stated that the Pacific Community of Alaska had been in
discussion with Senator Murkowski about eliminating the fee
associated with naturalization for American Samoans.
1:55:17 PM
KATHLEEN WALLACE, Director, Division of Motor Vehicles (DMV),
Department of Administration (DOA), described the voter
registration process, which includes U.S. citizenship questions
that the applicant must attest to. In response to a series of
committee questions, she said "American national" has been an
option on that form since 2022. She confirmed that there is
some confusion on the status of American Samoans, as the meaning
of U.S. national is difficult to define because they are
eligible for certain rights and not others. When filling out
the voter registration from, she said DMV's expectation is for
American Samoans to know that they are ineligible to vote. She
said there is a training department that's specifically set up
for identifying immigration documentation from all over the
world, and there is also a robust "cheat sheet" that indicates
whether a person is eligible for certain privileges in the U.S.
DMV verifies citizenship, she said, but at the end of the day,
DMV credentials are offered based on the physical documents
presented. She confirmed that DMV staff is taught that U.S.
nationals are not eligible for voter registration; however,
human error is possible, which is why DOE should verify the
information.
2:10:06 PM
MS. TOLEAFOA, in response to a series of committee questions,
answered yes, it's possible for American Samoans to grow up in
Alaska not knowing that they are U.S. citizens or the definition
of a U.S. national.
2:12:15 PM
CAROL BEECHER, Director, Division of Elections (DOE), Office of
the Lieutenant Governor, described the elements of the voter
registration form. In response to committee questions, she
explained that Alaska law requires only a sworn statement as
proof of citizenship for voter registration. If an applicant
signs the affidavit swearing to U.S. citizenship, the division
takes that as an affirmative response. If a noncitizen were to
register to vote, the individual would be given the chance to
verify their citizenship or ask to be removed from the voter
registration list. She explained that election staff are
trained to tell people that only U.S. citizens are allowed to
vote, and anyone who is registered to vote is on the voter
registration list at the polls. She clarified that the voter
registration application does not have a designation for U.S.
nationals, only U.S. citizenship. The DOE website provides U.S.
citizenship requirements and emphasizes that noncitizen U.S.
nationals are not eligible. She said poll workers use the
registrar list of registered voters on election day and are not
trained on identifying American, noncitizen voters. If an
individual was not on the registrar, that person would vote a
question ballot, which contains an "oath" of citizenship.
2:27:01 PM
JOHN SKIDMORE, Assistant Attorney General, Criminal Division,
Department of Law (DOL), described voter misconduct in the first
degree, per AS 15.56.040, which requires someone to
intentionally make a false affidavit or falsely affirm under
oath. This means that making a false statement when registering
to vote is voter misconduct, but the act of voting is not a
crime even if the individual is ineligible. In response to
questions from committee members, he said federal law is clear
that American Samoa and the Swains Islands are the only U.S.
territories where U.S. citizenship is not provided to the people
born there.
2:31:34 PM
MS. BEECHER, in response to committee questions, stated that DOE
had not been in discussions about adding "American Samoan" as a
clarifying box on the voter registration forms at this time.
2:38:25 PM
MR. SKIDMORE, in response to committee questions, reiterated
that the crime of voter misconduct involves the voter
registration process, not the voting itself. Further, if the
individual believes that they are an American citizen and the
form is filled out incorrectly, a crime has not been committed
because the actus reus requires knowing or intentionality. He
pointed out that many American Samoans are U.S. citizens because
their one or both parents were U.S. citizens, or they became
U.S. citizens through the naturalization process. He advocated
for further discussion on this matter so as to avoid voter
disenfranchisement. The ultimate determination for voter
eligibility is U.S. citizenship, not being born in American
Samoa. He reiterated that DOL would not charge a case without
evidence of intentional or knowing conduct. He reported that
DOL has charged 15 or 16 cases of voter misconduct in the last
10 years. He said there's no required educational component
when DOL charges these individuals and suggested that this would
largely be done during the investigation when law enforcement
officers speak with them. He supposed that most law enforcement
officers are not officially trained on this matter.
2:45:11 PM
MS. TOLEAFOA, in response to a question about voter education
efforts, said in 2024, Ms. Beecher gave the Pacific Community of
Alaska the first straightforward answer in writing about voter
eligibility for U.S. Nationals. The organization had attempted
to gain clarity in 2021 without success.
2:49:40 PM
MR. SKIDMORE, in response to a question about the "raid" in
Whittier, said it would be unethical to share factual details
about the case. He contended that the term "raid" is not an
appropriate characterization of the incident. Citing the
charging documents, he clarified that summons were issued for
all 10 defendants, but there were no arrest warrants. Charging
documents indicate that in response to a citizen complaint, a
"few number" of Alaska State Troopers merely "asked people some
questions" and then left; 10 charges were subsequently filed.
In response to a series of follow up questions, he said the
necessary number of officers and resources for questioning a
large number of people would be determined by the troopers. The
charges involved in the case are class A misdemeanors, as well
as class C and B felonies. He said the Alaska Bureau of
Investigation (ABI) is involved because the trooper who handles
election fraud is part of that unit. He declined to comment on
whether the federal government is involved in the investigation.
HJR 10-CONST AM: PERMANENT FUND; POMV;EARNINGS
2:59:50 PM
CHAIR GRAY announced that the final order of business would be
HOUSE JOINT RESOLUTION NO. 10, Proposing amendments to the
Constitution of the State of Alaska relating to the Alaska
permanent fund and to appropriations from the Alaska permanent
fund.
3:00:11 PM
The committee took an at-ease from 3:00 p.m. to 3:02 p.m.
3:02:13 PM
REPRESENTATIVE CALVIN SCHRAGE, Alaska State Legislature, ss
prime sponsor, reminded the committee that HJR 10 proposes a
constitutional amendment that would combine the Alaska Permanent
Fund ("the fund") into a single account structure with a maximum
5 percent draw based on a 5-year average of the 6 preceding
years.
3:03:04 PM
REPRESENTATIVE VANCE moved to adopt Amendment 1 t HJR 10,
labeled 34-LS0648\A.3, Nauman/Wallace, 5/5/25, which read:
Page 1, line 5:
Delete "twenty-five"
Insert "fifty [TWENTY-FIVE]"
CHAIR GRAY objected.
3:03:12 PM
REPRESENTATIVE VANCE explained that Amendment 1 would strengthen
the state's long-term fiscal stability by ensuring that 50
percent of all mineral related revenues are constitutionally
deposited into the fund. Currently, only 25 percent of these
revenue are constitutionally protected, and an additional 25
percent is directed by statute, but the amount is subject to
legislative appropriation. She said Amendment 1 would elevate
this statutory practice to a constitutional mandate to remove
these funds from political discretion and protecting them for
future generations.
CHAIR GRAY said he wished the proposed amendment had been passed
40 years ago, but not today in the state's current fiscal
climate.
3:05:42 PM
REPRESENTATIVE KOPP said Amendment 1 would result an immediate
and significant decrease in general fund (GF) revenue in a
rapidly declining oil price environment. He added that
Amendment 1 would make paying dividends and services orders of
magnitude more difficult.
3:06:37 PM
REPRESENTATIVE SCHRAGE agreed with the previous comments that in
a different fiscal environment he could be persuaded to support
such an amendment. He recalled the previous committee
discussion on the need for flexibility to meet current day
obligations and stated his opposition to Amendment 1.
CHAIR GRAY maintained his objection.
3:07:36 PM
REPRESENTATIVE VANCE said she's open to including some
transition time and asked the committee, "If not now, when?"
A roll call vote was taken. Representatives Underwood and Vance
voted in favor of Amendment 1. Representatives Mina, Eischeid,
Kopp, and Gray voted against it. Therefore, Amendment 1 failed
by a vote of 2-4.
3:10:04 PM
REPRESENTATIVE VANCE moved to adopt Amendment 2 to HJR 10,
labeled 34-LS0648\A.4, Nauman/Wallace, 5/5/25, which read:
Page 2, lines 2 - 5:
Delete "Each fiscal year, the legislature may
also appropriate from the permanent fund an amount to
pay costs associated with investments made under (a)
of this section, including operating expenditures
associated with managing the fund."
CHAIR GRAY objected.
3:10:10 PM
REPRESENTATIVE VANCE explained that Amendment 2 would remove a
provision in HJR 10 that would authorize withdraws from the fund
to pay for investment and operating expenses of the Alaska
Permanent Fund Corporation (APFC). She shared her belief that
the Constitution of the State of Alaska ("the Alaska
Constitution") should not carveout an area that quietly spends
form the fund beyond the structured percent of market value
(POMV) draw. The additional language would undermine the POMV
limit by permitting ongoing withdraws for internal costs outside
of the cap. She reported that current operating costs total
$240 million annually, which if Amendment 2 were to pass, would
be funded statutorily by GF obligations or the POMV draw. She
said Amendment 2 would provide intentional oversight into how
money is being spent from the fund, force a conversation, and
fold these costs into the cap.
CHAIR GRAY asked APFC to comment on the proposed amendment.
3:13:33 PM
DEVEN MITCHELL, Executive Director, Alaska Permanent Fund
Corporation (APFC), said in terms of practicality, Amendment 2
would reduce the draw rate and shared an example. He said he
would prefer that APFC's budget be maintained in its current
status where its netted out prior to transfers being made to the
state, which is more in line with the practices of other trusts
and those entities that manage them.
3:17:22 PM
REPRESENTATIVE KOPP reminded the committee that investment
managers are compensated for excellent performance. He said
there is no binding language in this provision, and that it
simply provides legal authority for APFC to request costs
associated with investment. If amendment 2 were to pass, he
suggested that the legislature could never say, "yes," to these
requests.
3:19:16 PM
REPRESENTATIVE VANCE clarified that this is an additional draw
on top of the POMV transfer to pay for costs associated with
investment operations, which is close to $250,000 from the
corpus of the fund. Without Amendment 2, she explained these
costs would essentially be exempted. She said her goal is to
maintain ultimate legislative authority while protecting the
fund.
3:23:10 PM
A roll call vote was taken. Representatives Underwood and Vance
voted in favor of Amendment 2. Representatives Kopp, Mina,
Eischeid, and Gray voted against it. Therefore, Amendment 2
failed by a vote of 2-4.
REPRESENTATIVE SCHRAGE emphasized the importance of the fund and
the threats that face it. He expressed his he appreciation to
the committee.
3:24:49 PM
REPRESENTATIVE KOPP thanked Representative Vance for the spirit
of Amendment 2, noting that the costs associated with
investments are already paid from the fund's earnings. He said
HJR 10 would protect the ability to pay future dividends and
state expenses and reflects 20 years of APFC's requests to make
such a change to protect the fund.
3:26:08 PM
REPRESENTATIVE EISCHEID shared his belief that HJR 10 would
protect future dividends.
3:26:47 PM
REPRESENTATIVE VANCE clarified that HJR 10 would not
constitutionalize a dividend, it would simply protect the fund,
which the legislative majority has expressed a desire to grow
for state services. Until other pieces of the fiscal plan are
put forth, she said she could not support the constitutional
amendment.
3:28:57 PM
REPRESENTATIVE KOPP moved to report HJR 10 out of committee with
individual recommendations and the accompanying fiscal notes.
There being no objection, HJR 10 was reported out of the House
Judiciary Standing Committee.
CHAIR GRAY authorized Legislative Legal Services to make any
necessary technical or conforming changes.
3:30:05 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 3:30 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| 05.08.25 HJUD DOA DMV American Nationals Response.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of prosecuting American Nationals in Alaska’s elections. |
| Driver License and ID Application 9-2022 to 10-2023.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of prosecuting American Nationals in Alaska’s elections. |
| Driver License and ID Application 2-2022 to 9-2022.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of prosecuting American Nationals in Alaska’s elections. |
| Driver License and ID Application 10-2023 to Present.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of prosecuting American Nationals in Alaska’s elections. |
| Federal_Voter_Registration_ENG.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of prosecuting American Nationals in Alaska’s elections. |
| Voter Registration Form.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of prosecuting American Nationals in Alaska’s elections. |
| OLVR Screenshots.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of prosecuting American Nationals in Alaska’s elections. |
| HJR 10 Amendment 1 Rep. Vance.pdf |
HJUD 5/9/2025 1:00:00 PM |
HJR 10 |
| HJR 10 Amendment 2 Rep. Vance.pdf |
HJUD 5/9/2025 1:00:00 PM |
HJR 10 |
| Memo, Being Born in American Samoa is Not a Crime.pdf |
HJUD 5/9/2025 1:00:00 PM |
Legal Implications of Prosecuting American Nationals in Alaska’s Elections. |
| HJR 10 Backup for Amendment A.3 to HJR 10.pdf |
HJUD 5/9/2025 1:00:00 PM |
HJR 10 |