Legislature(2021 - 2022)BUTROVICH 205
02/02/2021 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB43 | |
| SB25 | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 43 | TELECONFERENCED | |
| *+ | SB 25 | TELECONFERENCED | |
| += | SB 39 | TELECONFERENCED | |
SB 43-ELECTIONS, VOTING, CAMPAIGN FINANCE
3:32:37 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 43
"An Act relating to campaign finance and initiatives; relating
to elections and voting; and relating to unlawful interference
with voting."
CHAIR SHOWER advised that he and the sponsor discussed the bill
extensively and agreed that the best way forward was to
introduce a committee substitute (CS) that limits the focus of
the bill to campaign finance.
3:33:23 PM
SENATOR SHELLEY HUGHES, Alaska State Legislature, Juneau,
Alaska, sponsor of SB 43, introduced the legislation speaking to
the following sponsor statement:
Senate Bill 43 improves transparency and
accountability in campaign finance laws pertaining to
ballot initiatives and offers solutions to help secure
the integrity of our election system in Alaska to
prevent the possibility of what has been commonly
referred to as "ballot harvesting". This bill is
nonpartisan and provides no advantage or disadvantage
to one political party over another. The goal is to
prevent dark money in all elections in our state and
to prevent a person with a conflict of interest from
being involved with the ballot-casting process of a
registered voter.
In regard to the "dark money" provisions, the bill
applies the provisions in the recent Ballot Measure
Two (passed in November 2020) to ballot propositions
in future elections. For instance, SB 43 requires
those who contribute more than $2000 to an independent
expenditure group in a calendar year to report that
contribution within 24 hours; any campaign receiving
more than $2000 from an independent expenditure group
must also report that contribution within 24 hours. In
addition, anonymous contributions, or a contribution
made under a fictitious or another person's name to an
independent expenditure group is prohibited. These
provisions would help Alaskans know the true source of
contributions to ballot measures, including whether a
contribution is from an in-state source or from an
out-of-state source. This bill effectively shines
light on dark money pertaining to ballot measures and
drives the shadows out of Alaska.
SB 43 also makes amendments to statute to prevent the
possibility in Alaska of what is commonly referred to
as ballot harvesting. SB 43 details who may and who
may not assist a voter in completing and submitting an
absentee ballot. A person who has a conflict of
interest cannot help a voter fill out or be in
possession of a ballot that is not theirs. The
legislation includes some teeth: it makes unlawful
assistance by such a person a crime punishable by up
to one year of jail and a fine of up to $10,000. Other
states have closed this loophole that would allow a
bad actor to take advantage of a voter; it is time for
Alaska to close it as well.
The elections and voting sections of this bill clarify
language to provide consistency in application, which
in turn provide Alaskans with assurance and
confidence. Elections are a cornerstone to our
constitutional representative republic and help ensure
our American form of government can continue. Because
of this, during election season, we as legislators
must ensure transparency and untainted funding in
regard to initiatives; secondly, for the individual
casting a ballot, we must ensure protection against
interference by those with a conflict of interest.
SENATOR HUGHES confirmed that she and the sponsor agreed that
the forthcoming CS for SB 43 would be limited to the subject of
campaign finance and expansion of the provisions of Ballot
Measure 2.
3:38:57 PM
RILEY NYE, Intern, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, presented the following sectional
analysis for SB 39.
Sec. 1 - AS 15.13.040(s) Page 1, Lines 5 to Page 2,
Lines 7
Expands the reporting requirements for those who
contributed more than $2,000 in aggregate in a
calendar year to an independent expenditure group to
include all elections, not just candidate elections.
MR. NYE advised that this was in Section 7, page 4, of Ballot
Measure 2.
Sec. 2 - AS 15.13.065(c) Page 2, Lines 8 - 21
Conforming language to add AS 15.13.074(b) to the list
of requirements in AS 15.13 that do apply to ballot
propositions. This section states that all other
sections in AS 15.13 except for those listed, do not
apply to ballot propositions.
MR. NYE advised that AS 15.13.074(b) was in Section 9 of Ballot
Measure 2. It states:
A person or group may not make a contribution
anonymously, using a fictitious name, or using the
name of another. Individuals, persons, or non-group
entities or groups subject to AS 15.13.040(s) may not
contribute or accept $2,000 or more of dark money as
that term is defined in AS 15.13.400(17), and may not
make a contribution while acting as an intermediary
without disclosing the true source of the contribution
as defined in AS 15.13.400(18).
MR. NYE advised that the definitions of "dark money" and "true
source" were found in Sections 17 and 18 of Ballot Measure 2. SB
43 proposes no changes to those definitions.
3:41:06 PM
Sec. 3 - AS 15.13.110(k) Page 2, Lines 23 through Page
3, Line 2
Expands the reporting requirements for those who
received more than $2,000 in a calendar year from an
independent expenditure group to include all
elections, not just candidate elections.
MR NYE advised that the foregoing was in Section 14, page 6, of
Ballot Measure 2.
Sec. 4 - AS 15.13.400(19) Page 3, Lines 4 - 9
Revises the definition of "outside-funded entity" to
include entities that make independent expenditures to
any election in Alaska, but whose place of business is
outside the state of Alaska.
MR. NYE advised that the foregoing definition was in Section 19,
page 8, of Ballot Measure 2.
Sec. 5 - AS 15.30.081(m) Page 3, Lines 11-17
New subsection specifying who may and who may not
assist a voter in completing an absentee ballot.
MR NYE advised that the new subsection also specified that
anybody assisting another in completing a ballot must give their
name and address and sign the voter certificate certifying that
they assisted the voter in completing the ballot.
Sec. 6 - AS 15.56.035(a) Page 3, Lines 19-31
This section expands the crime of unlawful
interference with voting.
MR. NYE advised that unlawful interference includes: 1) a person
who violates Section 5 of SB 43, 2) a candidate, ballot measure
campaign employee, volunteer, sponsor, or circulator who
knowingly assists a voter in marking an absentee ballot, 3)
anybody who knowingly possesses a ballot for a statewide
election that was mailed to another person unless that person is
a) an election official, b) a US Postal Service employee, c) a
person allowed by law to collect and transport US mail, or d) a
family member or caregiver of the voter.
Sec. 7 - AS 15.56.035 Page 5, Lines 1-16
New subsection adding definitions referenced in new
subsections in the bill.
MR. NYE advised that the new definitions were for the terms
"caregiver," "family member," "household member," and "possess."
Sec. 8 - AS 15.07.130(e)(3) and AS 15.20.800 Page 5,
Line 12
This section repeals Vote by mail and a reference to
Vote by mail from statute.
Sec. 9 - AS 15.56.035(a)(8) - (10) Page 5, Lines 15-
16)
Applicability of section six is specified as after the
effective date.
CHAIR SHOWER solicited a motion to adopt the CS.
3:44:00 PM
SENATOR REINBOLD moved to adopt CSSB 43(STA), work order GS-
320253\I, as the working document.
CHAIR SHOWER objected for discussion purposes.
3:45:39 PM
At ease
3:46:03 PM
CHAIR SHOWER reconvened the meeting and asked Mr. Shanigan to go
through the changes between version B and version I of SB 43.
3:46:17 PM
TERRENCE SHANIGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, Alaska, stated that the CS removes Sections
5 through 9, and the remaining sections are unchanged. He noted
that removing those sections triggered a title change.
CHAIR SHOWER explained that removing those sections tightens the
bill and eliminates some overlap. He noted that another CS was
forthcoming to eliminate further overlap with other legislation.
3:47:32 PM
CHAIR SHOWER removed his objection and CSSB 43(STA), version I,
was adopted.
SENATOR REINBOLD thanked the sponsor and chair for working
together on the legislation. She expressed her pleasure at the
collegiality this session.
CHAIR SHOWER asked the sponsor if she was satisfied that the
changes to the bill achieve sufficient transparency such that
nobody would be able be able to spend money from inside or
outside Alaska to influence an election without reporting the
expenditure.
3:50:06 PM
SENATOR HUGHES replied the bill seeks to address Alaskans'
desire for accountability and transparency and concern about
dark money influencing elections. She said she was receptive if
anybody found another loophole to close.
CHAIR SHOWER asked what was in SB 43 that Ballot Measure 2 did
not cover.
SENATOR HUGHES replied it provides transparency so Alaskans know
the true source of a campaign contribution, including where the
person came from.
CHAIR SHOWER asked for an example of what might happen without
the bill.
SENATOR HUGHES cited the example of an entity headquartered in
the Lower 48 that is collecting money from multiple states and
feeding the funds into a measure in Alaska. Alaskans would not
know that the true source was from outside the state. SB 43
requires reporting the true source.
3:52:49 PM
SENATOR KAWASAKI referenced Section 1 and asked if an entity
that made more than one independent expenditure in an election
would be required to report each of the individuals who
contributed even if not all the funds went to Alaska. He cited
the example of the Republican State Leadership Committee (RSLC)
that was active in Alaska in both the primary and state
election. The RSLC raised more than $150 million over the last
several years to go to targeted states, one of which was Alaska.
3:53:58 PM
BUDDY WHITT, Staff, Senator Shelley Hughes, Alaska State
Legislature, Juneau, Alaska, explained that when Ballot Measure
2 passed, it became APOC's responsibility to work through the
mechanics and write the regulations for how those contributions
would be reported. He said Sections 1 and 3 of SB 43 would
ensure that those same mechanics and regulations apply to
statewide ballot initiatives as well. To the specific question,
he said he imagines that APOC will require specific information
if out-of-state money is received for in-state campaigns and in-
state campaigns cannot receive that money unless the reporting
requirements are attached. He said that already applies for any
political party and campaign candidates. By removing the word
"candidate," if the RSLC, for example, contributes to an Alaska
statewide ballot initiative, before anybody can receive that
money, if it is classified as an independent expenditure group,
they would need to comply with reporting requirements. If they
cannot comply, he said his understanding is that they would be
in breach of the law and would not be able to accept that money.
SENATOR HUGHES added that sponsors of a ballot initiative would
have to meet the same reporting requirements as a candidate.
CHAIR SHOWER observed that it sounds as though the answer
potentially is yes.
3:56:52 PM
SENATOR KAWASAKI said his question is whether an entity like the
RSLC would have to report within 24 hours of the contribution
every single donor who has donated [$2,000 or more] and the
entity that receives the contribution would have to know where
the money is coming from. He said he would like to have the
director of APOC online to answer that question at a future
meeting.
CHAIR SHOWER questioned whether Hans Zigmund, Department of
Administration director of the Division of Finance could answer
the question.
SENATOR HUGHES replied the question would be specific to APOC.
She added that each entity like RSLC is keeping records of the
contributions. If SB 43 passes, entities such as RSLC would have
to transmit that information when they transmit the money to an
in-state campaign. She highlighted that this would only apply to
those individuals who contribute $2,000 or more.
3:58:53 PM
SENATOR REINBOLD asked if she worked on this issue before this
session.
SENATOR HUGHES replied she began thinking about it over the
summer and fall.
3:59:37 PM
CHAIR SHOWER held SB 43 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 43 Sectional Analysis.pdf |
SSTA 2/2/2021 3:30:00 PM |
SB 43 |
| 3 SB 25 Sponsor Statement.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| 4 SB 25 Sectional.pdf |
SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| 5 SB 25 Supporting Doc 1 Follow the Money 2018 Report.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| 6 SB 25 Supporting Doc 2 Historical 10-19 Reports Follow The Money.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| 7 SB 25 Supporting Doc 3 Online Checkbook Examples.pdf |
SFIN 4/20/2021 9:00:00 AM SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| 2 SB 25 Ver.A.PDF |
SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| ppt Presentation to Sen State Affairs Committee.pdf |
SSTA 2/2/2021 3:30:00 PM |
SB 25 |
| Agenda SSTA 2.1.2021.pdf |
SSTA 2/2/2021 3:30:00 PM |
|
| SB 43 Explanation of Changes from Version B to I.pdf |
SSTA 2/2/2021 3:30:00 PM |
SB 43 |
| SB 43 CS Bill.pdf |
SSTA 2/2/2021 3:30:00 PM |
SB 43 |
| SB 43 Fiscal Note 70.pdf |
SSTA 2/2/2021 3:30:00 PM |
SB 43 |
| SB 43 Research Ballot Measure 2.pdf |
SSTA 2/2/2021 3:30:00 PM |
SB 43 |