Legislature(2023 - 2024)BELTZ 105 (TSBldg)
03/07/2023 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB19 | |
| SB1 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 19 | TELECONFERENCED | |
| *+ | SB 1 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 19-ELECTIONS; BALLOTS
3:32:41 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO. 19
"An Act relating to elections; and providing for an effective
date."
Speaking as the sponsor of SB 19, Senator Kawasaki explained
that the purpose of the legislation is to modernize Alaska's
election system by building on the successes in the 2020 and
2022 election cycles. This is done by removing barriers to the
ballot box, ensuring that voters are able to register and get
verified to vote, and ensuring election security and integrity.
SB 19 provides provisions for automatic renewal for absentee
voting, a ballot tracking system, signature verification, a
curing process for absentee ballots, a provision on prepaid
postage for mailed ballots, and a requirement for the Division
of Elections to inform voters about problems with their ballot.
3:34:40 PM
MATT LONGABAUGH, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, paraphrased the sponsor statement
for SB 19.
Over 360,000 Alaskans voted in the 2020 election
making it the election with the greatest participation
in Alaska history. Yet 173,000 Alaskans were eligible
to vote or register to vote but did not. Senate Bill
19 seeks to build upon the participatory success of
the 2020 election by strengthening the voter
registration system, paying postage for by-mail
absentee ballots, and requiring the Alaska Division of
Elections to offer absentee voters the option to fix
errors in their ballots. This bill facilitates
participation for those legally eligible to vote and
ensures the integrity of elections by updating
absentee ballot verification and curing.
Currently, voters are not notified of errors in their
absentee ballots until after the election is
certified. Over 7,500 ballots were rejected in the
2022 special primary election, a 4.55% rejection rate.
That's about 1/20 ballots. On average, some in this
room's ballot was rejected.
Voters still must fill out a formal application every
year. While Alaska has a permanent absentee voter
list, it is authorized by regulation, not statute. The
current list is reserved for those who live in very
rural areas, the disabled, and persons who live in
institutions that serve elders or those with a
disability. Moreover, those on the list don't
automatically receive an absentee ballot, just an
application for a ballot.
This bill requires the state to pay return postage for
by-mail absentee ballots. It requires the Division of
Elections to provide an option for each absentee voter
to permanently receive the absentee ballot unless that
voter should not vote in a period of four years, or
the absentee ballot were returned to the department as
undeliverable. This bill also requires each voter to
sign the ballot. That signature needs to match that
voter's signature in the voter registration database
using signature comparison software, and election
workers comparing signatures are required to be
trained in use of the software.
SB 19 also establishes a ballot tracking system and a
ballot curing process. The ballot curing process
requires the division to notify voters if the
signature on their ballot does not match the one on
their registration. This bill allows family members,
caregivers, elections officials, postal workers, or
volunteers from nonpartisan nonprofit organizations,
like the League of Women Voters, to deliver ballots to
drop off locations and establishes a clear chain of
custody thereof.
Voting rights are fundamental to American Democracy,
which works best when eligible voters can participate
and have the freedom to choose our elected leaders.
Expanding and broadening the ability for all eligible
Alaskans to vote ensures that these freedoms and
rights prevail. I respectfully urge your support of SB
19. Please reach out to my office with any questions.
3:38:06 PM
MIKE MASON, Staff, Senator Loki Tobin, Alaska State Legislature,
Juneau, Alaska, advised that he had spent the last four years
working on election reform legislation that included many of the
provisions in SB 19. He presented the following sectional
analysis:
Section 1. AS 15.20.030 Adds the words a postage-paid
return envelope requiring the Division to pay for by-
mail absentee ballot return envelopes.
Section 2. AS 15.20.081
Adds a new subsection: (m) Absentee ballot
applications must include an option for qualified
voters to choose to receive ballots by mail and the
department may not require the voter to reapply unless
the (1) voter has not voted absentee for four years or
(2) a ballot was returned to the department as
undeliverable.
Section 3. AS 15.20.203(a)
Amends section requiring the local elections boards to
determine if the signature on the ballot matches the
voter's signature in their voter registration.
Section 4. AS 15.20.203 (b)
Amends the section adding AS 15.20.203(b)(7) and
deleting AS 15.20.203(b)(6)(B)(ii). Adding (7)
requires the signature on the voter's ballot to be
consistent with the signature on their voter
registration. Deleting AS 15.20.203(b)(6)(B)(ii)
removes the requirement that voters must provide a
current utility bill, bank statement, paycheck,
government check, or other government document to have
their ballot counted.
Section 5. AS 15.20.203
Adds new subsection: (k) District absentee ballot
counting boards shall determine whether a voter's
signature on his ballot matches his signature in voter
registration records using a verification process that
includes signature comparison software.
Section 6. AS 15.20
Adds two sections: Sec. 15.20.221. Ballot tracking
system and Sec. 15.20.222. Procedure for curing
uncounted ballot.
Sec. 15.20.221. Subsection (a) requires the Director
to establish a free online system through which a
voter may: confirm their ballot has been sent by the
division, track the date of the ballots delivery to
the voter, confirm the receipt of the ballot by the
division, determine whether the voter's certificate
has been reviewed, and determine whether the voter's
ballot has been counted.
Subsection (b) requires the online system to indicate
whether the signature on the ballot is missing or is
not a match with the signature on the registration.
Subsection (c) requires the online system to allow
elected officials to access the names and political
affiliations of the names on the master register
including a person whose registration has been
inactivated.
Sec. 15.20.222. Subsection (a) requires the director
to send a notification by non-forwardable first-class
mail, email, or phone if the voter returns a ballot
and that voter does not have a signature on file, the
signature on the ballot does not match with the
signature on file or their ballot does not have a
signature.
Subsection (b) requires the notification under (a) to
include an explanation of the need for signature
verification, provide a form and instructions for the
voter to confirm they returned their ballot to the
division or provide a piece of identification accepted
in AS 15.07.060(e) or provide a signature for
verification.
Subsection (c) allows a ballot to be counted if the
division receives the form provided for in the
previous section within 14 days after election day,
the voter provides a signature for verification, or
the ballot is otherwise valid.
Subsection (d) does not allow a voter's ballot to be
counted if they return the form in (b) and it
indicates they did not return a ballot, or the voter
did not return that form.
Subsection (e) does not allow elections officials to
determine the signature on the returned ballot does
not match the signature in the voter registration
solely based on the use of initials or a common
nickname.
Subsection (f) requires the director to provide
training in signature comparison and use of signature
comparison software to election officials who compare
signatures.
Subsection (g) requires the division to update the
voter's signature if the voter provides accepted
identification like a state ID and a new signature or
they cure an old signature.
Section 7. AS 15.56.035(a)
Amends AS 15.56.035(a) by allowing a family member,
caregiver, an election official or worker, a postal
service employee or private commercial delivery
service employee, or a volunteer from a charitable or
educational organization exempt under U.S.C 501(c)(3)
can deliver ballots to designated locations on behalf
of voters.
Section 8.
Repeals 15.20.203(j), 15.20.207(k), and 15.20.211(f).
These sections related to the current online system
which allowed voters to check the status of their
ballot.
Section 9.
Adds applicability language for AS 15.56.035(a) saying
that offenses under this section apply to offenses on
or after the effective date.
Section 10.
The director of the division of elections may adopt
regulations to implement this bill and they take
effect after the effective date of this Act.
Section 11.
Section 10 shall take effect immediately.
Section 12.
This act shall take effect Jan 1, 2024.
MR. MASON identified the individuals invited to provide
testimony.
CHAIR KAWASAKI noted who was available to answer questions and
provide invited testimony.
3:47:17 PM
SENATOR WIELECHOWSKI asked whether the Division of Elections had
a position on the bill.
3:47:39 PM
CAROL BEECHER, Director, Division of Elections, Office of the
Lieutenant Governor, Anchorage, Alaska, stated that the division
did not have a position on SB 19.
CHAIR KAWASAKI turned to invited testimony.
3:48:36 PM
BARBARA SMITH WARNER, Executive Director, National Vote at Home
Institute, Portland, Oregon, provided invited testimony in
support of SB 19. She paraphrased her prepared testimony that
may be found on BASIS. She stated that the goal for Vote at Home
is to increase voter access to, use of, and confidence in voting
at home. This system has been used in Oregon for over 20 years.
She expressed support for Alaska joining other states that have
initiated voting reforms that increase voter turnout and
election integrity.
MS. SMITH WARNER described the benefits SB 19 provides to
voters, election officials, and democracy.
Permanent Absentee Voter Option
similar SB 19 gives voters the option to vote absentee permanently
with a single request. Seven other states use "single signup."
similar Voters are given a reminder to vote in each election, which is
particularly important in local elections.
similar Election officials benefit by saving time, paperwork, and
administrative costs.
similar Single sign up has proven to be highly secure.
similar Anything that reduces friction in elections tends to increase
voter engagement and turnout.
Prepaid Postage
similar Prepaid postage for absentee ballots is easier and more
convenient for voters. It's a simple change that can increase
voter engagement.
similar This streamlines functions for elections officials and is more
"budget friendly."
Ballot Tracking
similar Ballot tracking lets voters know where their ballot is in the
process. This reduces anxiety and helps to give voters
confidence in the system.
similar A number of states provide ballot tracking and there are
multiple vendors with software to make the process
straightforward.
similar The response from voters has been overwhelmingly positive. She
cited substantiating 2020 research data from Capitol Weekly
and published by BallotTrax.
similar This is a powerful tool for elections officials.
similar States that used ballot tracking software report meaningful
increases in turnout among voters who signed up to track their
by-mail ballots.
3:56:48 PM
Ballot Curing
similar SB 19 provides a simple way for voters to cure errors they
unknowingly made on their absentee ballots. This reduces voter
frustration.
similar Election officials want every legitimate vote to be counted.
similar The official US Elections Assistance Commission EAVS report
for the 2020 election showed that over 50 percent of
rejections were due to things that a robust curing process
could easily address.
similar Ballot curing is used successfully in 24 states.
MS. SMITH WARNER stated that the only suggestion she would make
for SB 19 is that it is redundant to require a witness on the
return envelope and might be an impediment for some voters to
use absentee ballots. The existing strong signature verification
along with the new provision for ballot curing eliminates the
need for that signature.
MS. SMITH WARNER concluded her testimony stating that the four
proposed reforms in SB 19 would move Alaska into the forefront
of policies that are "voter centric." The bill will help voters
and election officials and strengthen democracy overall.
CHAIR KAWASAKI asked if there were questions.
3:58:50 PM
SENATOR CLAMAN asked whether any jurisdictions that had adopted
signature verification encountered problems with ballot fraud or
other issues related to signature verification.
MS. SMITH WARNER said no; if the signatures don't match, the
ballot is ejected for an in-person second check. If there's
still a discrepancy, an election official reaches out to the
voter. Fraud could be caught in this process, but in practice it
tends to catch errors.
SENATOR CLAMAN asked how many jurisdictions, both local and
state, have adopted signature verification.
MS. SMITH WARNER said she would follow up with the answer.
4:01:00 PM
CHAIR KAWASAKI asked if Oregon experienced any particular
difficulties as it moved to an all-by-mail voting system.
MS. SMITH WARNER replied that she's biased, but there haven't
been any difficulties in the 20 years since all-by-mail voting
was implemented. She said it's been an opportunity to increase
voter engagement and reduce voter disenfranchisement. She noted
that data from the 2022 election shows that more than 35 percent
of voters in the country used by-mail balloting.
CHAIR KAWASAKI thanked Ms. Smith Warner for her testimony.
He reviewed Amber McReynolds' credentials and invited her to
provide her testimony.
4:04:41 PM
AMBER MCREYNOLDS, Member, Board of Governors for the US Postal
Service, reviewed her credentials and 20 years' experience
running elections. She relayed that her approach to election
administration has always been that the policies should be
nonpartisan. The focus should be on the voters and improving the
voting experience for all electors. She believes the reforms in
SB 19 match best practices that have worked over time. They
improve the operations and administration and the security and
integrity of elections. The bill also includes common sense
solutions that have been proven to work in both red and blue
states. She opined that a benefit of by mail ballots is that
voters take more time to be informed about the candidates and
issues on the ballot. Mistakes are reduced when voters don't
feel rushed. She highlighted that the NCSL website has a link to
"Voting Outside the Polling Place" that categorizes the issues
related to by mail ballots, some of which are in SB 19.
4:07:45 PM
MS. MCREYNOLDS reviewed the four points in SB 19.
Ballot tracking - Her team developed this system. It was first
implemented in 2009 and now is used by more than 90 million
voters in the US. It also improves accountability and visibility
of by mail ballots, which improves the security and integrity of
the process. She agreed with previous testimony that costs
decrease with mail ballots and emphasized that whatever can be
done to improve the process is better for everyone who
participates in this democratic process.
Permanent Absentee List - This reduces costs and provides less
bureaucracy for voters.
Ballot Curing - SB 19 includes the common sense and best
practice measures that are considered the gold standard
nationwide. She relayed anecdotes of signature verification
processes preventing fraud.
Prepaid Postage - She listed the states that have this common
sense policy initiative that eliminates bureaucracy, is more
efficient for voters, and more predictable for election
officials.
MS. MCREYNOLDS expressed admiration for the work that's been
done on the bill. It is an accumulation of best practices and
efficiencies.
4:15:08 PM
CHAIR KAWASAKI said the ballot in the last election cycle was
longer than usual and it took more than one first class postage
stamp. He asked her to expand on the statement that the Division
of Elections bears the cost of ballots with insufficient
postage.
MS. MCREYNOLDS said the general policy throughout the country is
for the US Postal Service to bill the election official for the
total insufficient postage on ballots, which is inefficient.
CHAIR KAWASAKI said the US Postal Service does a great job in
Alaska.
SENATOR CLAMAN asked if she agreed that the US Postal Service
can bill for insufficient postage, but the agency is required to
deliver all ballots regardless of the postage that is or is not
attached.
MS. MCREYNOLDS said that's correct; it's a postal service policy
and some states have laws mandating the delivery of all ballots.
She noted that the US Department of Defense pays for all
outbound and incoming ballots for members of the military who
are serving overseas. She advocated for the federal government
to pay the postage for the ballots of all domestic voters in the
US.
4:21:25 PM
SENATOR CLAMAN asked if there was a federal regulation or
federal law that requires the postal service to deliver all
ballots regardless of postage.
MS. MCREYNOLDS said Congress has never passed a law about that,
but the US Postal Service has set the policy to deliver all
ballots regardless of the postage.
SENATOR CLAMAN noted that the chair thinks the answer is no, but
it is likely in regulation. He noted that the legislature could
pass a law that voters were not required to put any postage on
the ballot envelope and the Division of Elections would get the
bill for the postage. Ms. McReynolds responded and Senator
Claman acknowledged that the question was rhetorical.
MS. MCREYNOLDS said it would require an extensive manual
process.
CHAIR KAWASAKI thanked her for the testimony. He asked Ms.
Beecher to comment.
MS. BEECHER stated that prepaid envelopes are handled
differently and ballot tracking may be affected.
CHAIR KAWASAKI advised that the committee would discuss this
further in a future meeting.
4:26:25 PM
CHRIS TUCK, former legislator representing self, Anchorage,
Alaska, testified by invitation in support of SB 19. He spoke
about his interest in elections and the elections bills he
introduced when he was serving in the House of Representatives.
In 2012 he introduced legislation to apply once and continue to
receive absentee ballots until the person missed multiple
elections. In 2015 he sponsored a comprehensive election reform
bill. It included same day registration, semi-permanent absentee
voting, and a verification process for early voting and early
absentee voting. In 2017 he sponsored a comprehensive election
reform bill. The bill passed the House but not the Senate. In
2019 he sponsored a bill to create semi-permanent absentee
voting. It passed the House, but the legislature ended early
because of the Covid pandemic. Prior to the 2021 legislative
session he pre-filed another elections reform bill. The goal was
to modernize Alaska's elections and remove obstacles to casting
a ballot. The bill had bipartisan support but still didn't pass.
He said he hasn't given up on his goal to improve elections
transparency, accountability, and access to Alaska elections so
he worked with Senator Kawasaki to develop SB 19. His hope is
that election reform will pass the 33 Alaska Legislature.
He said the big-picture goal of SB 19 is to modernize Alaska's
elections, building on the success of the 2020 and 2022
elections that had increased voter participation, primarily
voting by mail. The bill proposes ballot tracking, permanent
absentee voting, signature verification and ballot curing for
absentee ballots, and prepaid return postage for return by-mail
ballots.
REPRESENTATIVE TUCK urged the committee to pass SB 19, which
will update the voter processes in Alaska, increase
transparency, and improve voter access.
4:40:20 PM
CHAIR KAWASAKI held SB 19 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 1 Sponsor Statement.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB 1 Sectional Analysis.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB 1 backup documents1 Fl.election. integrity.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB 1 backup documents2 election.cybersecurity.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB 1 backup documents3 chain. of.custody.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB 1 backup documents4 post.election.audits.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB 19.Sponsor.Statement.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 19 |
| Sectional analysis SB 19.pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 19 |
| SB 19 Testimony NVAHI 03.07.2023 (003).pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 19 |
| SD AK SB 1 SB 19 Testimony 3.2023 (003).pdf |
SSTA 3/7/2023 3:30:00 PM |
SB 1 SB 19 |
| An Open Letter From ERIC.docx |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| Why does Alaska have a 106% voter registration rate.docx |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB0001A.PDF |
SSTA 3/7/2023 3:30:00 PM |
SB 1 |
| SB0019A.PDF |
SSTA 3/7/2023 3:30:00 PM |
SB 19 |