03/13/2025 03:30 PM Senate STATE AFFAIRS

                        SB  64-ELECTIONS                                                                                    
                                                                                                                                
3:31:53 PM                                                                                                                    
CHAIR KAWASAKI announced the consideration  of SENATE BILL NO. 64                                                               
"An Act  relating to elections;  relating to voters;  relating to                                                               
voting; relating to voter preregistration  for minors at least 16                                                               
years of  age; relating  to voter  registration; relating  to the                                                               
Alaska Public Offices Commission;  relating to synthetic media in                                                               
electioneering  communications;   relating  to   campaign  signs;                                                               
relating to  public official  financial disclosures;  relating to                                                               
the  crime of  unlawful  interference with  voting  in the  first                                                               
degree; and providing for an effective date."                                                                                   
                                                                                                                                
On March 11,  2025, the committee adopted  a committee substitute                                                               
(CS), version H, as the working document.                                                                                       
                                                                                                                                
3:32:39 PM                                                                                                                    
DAVID DUNSMORE,  Staff, Senator  Bill Wielechowski,  Alaska State                                                               
Legislature, Juneau,  Alaska, stated  that SB  64 is  the omnibus                                                               
election  package  from  the  Senate   Rules  Committee  and  the                                                               
previously adopted committee substitute is the working document.                                                                
                                                                                                                                
3:33:36 PM                                                                                                                    
SENATOR  WIELECHOWSKI   asked  Director  Beecher  to   state  the                                                               
concerns the Division  of Elections has regarding SB  64. He said                                                               
his office  has been struggling to  find a way to  adequately and                                                               
successfully track ballots without spending a lot of money.                                                                     
                                                                                                                                
3:33:30 PM                                                                                                                    
CAROL  BEECHER,  Director,   Division  of  Elections,  Anchorage,                                                               
Alaska, provided  the divisions  three  concerns with SB  64. The                                                               
first  concern is  ballot  tracking. She  said  the division  has                                                               
heard of new  technologies that might allow  for tracking ballots                                                               
in transit  between other states  and Alaska but  currently lacks                                                               
that capability to  track an envelope during  its entire journey.                                                               
While  outgoing  ballot  envelopes  have barcodes,  there  is  no                                                               
system in place to track its  return. She said Alaska's mail must                                                               
route through  the Anchorage  hub to have  the postal  code read;                                                               
rural  post offices  can't read  postal codes.  Ballots can't  be                                                               
tracked  like Amazon  packages;  the  divisions technology  isn't                                                               
capable of that.                                                                                                                
                                                                                                                                
3:36:55 PM                                                                                                                    
SENATOR WIELECHOWSKI asked  if the division can  achieve the same                                                               
ability  as Anchorage,  where a  person can  check the  status of                                                               
their ballot online.                                                                                                            
                                                                                                                                
3:37:10 PM                                                                                                                    
MS.  BEECHER  answered  that  the   division  currently  has  the                                                               
capability for  voters to go online  and see if their  ballot was                                                               
received but that's the extent of what the division can do.                                                                     
                                                                                                                                
3:37:39 PM                                                                                                                    
SENATOR WIELECHOWSKI  asked what other concerns  the division has                                                               
concerning SB 64.                                                                                                               
                                                                                                                                
3:37:47 PM                                                                                                                    
MS. BEECHER stated that another  concern would be another part of                                                               
ballot  curing  found in  Section  41,  page 21.  The  division's                                                               
voting system doesn't  show when a voter  certificate is reviewed                                                               
or if a  ballot has been counted. Ballots are  reviewed by boards                                                               
and  put through  a series  of different  codes. The  public list                                                               
shows a time and date stamp  once the ballot has been counted and                                                               
the public  list will only  show if  a ballot was  fully counted,                                                               
partially counted, or rejected.                                                                                                 
                                                                                                                                
3:39:33 PM                                                                                                                    
CHAIR KAWASAKI  read the  six items located  in Section  41, page                                                               
21. He  said these are the  six items the ballot  tracking system                                                               
would allow a voter to do:                                                                                                      
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
        • Confirm that the voter's ballot has been sent by                                                                      
          the division;                                                                                                         
        • Track the date of the ballot's delivery to the                                                                        
          voter;                                                                                                                
        • Confirm the division's receipt of the voter's                                                                         
          ballot;                                                                                                               
        • Determine whether the voter's certificate has                                                                         
          been reviewed;                                                                                                        
        • Determine whether the voter's ballot has been                                                                         
          counted; and                                                                                                          
        • Provide the information necessary to cure a                                                                           
          rejected ballot.                                                                                                      
                                                                                                                                
He stated that some of these  elements are doable, and some would                                                               
be a problem or maybe impossible to do.                                                                                         
                                                                                                                                
3:40:18 PM                                                                                                                    
MS. BEECHER  said another  concern was  regarding Section  25, on                                                               
page 13, and  raises a question about whether  the ranking result                                                               
requirements  also   apply  to  hand  counts.   The  division  is                                                               
interpreting  this  as  asking  if  poll  workers  in  hand-count                                                               
precincts are expected to report  all rankings on election night.                                                               
She said the  division's last concern is Section 26,  on page 14,                                                               
and may  need further discussion  with the Division  to determine                                                               
what data level is truly useful  to the public. She said too much                                                               
information  or  detail  at  a  precinct  level  may  risk  voter                                                               
privacy.                                                                                                                        
                                                                                                                                
3:42:19 PM                                                                                                                    
SENATOR  BJORKMAN asked  what precinct  level  data the  division                                                               
would be concerned with.                                                                                                        
                                                                                                                                
3:42:38 PM                                                                                                                    
MS. BEECHER answered  that when you are  reporting detailed count                                                               
codes,  like partial  rejections, at  the precinct  level it  can                                                               
risk voter privacy. She said  with tiny precincts it's easier for                                                               
IT individuals to analyze data  and infer how the entire precinct                                                               
had  voted. Many  states limit  reporting to  the house  district                                                               
level to protect voter anonymity.                                                                                               
                                                                                                                                
3:44:05 PM                                                                                                                    
SENATOR BJORKMAN  stated he is  not understanding what  the codes                                                               
are, what  the codes mean  and the concern about  releasing data.                                                               
He asked Ms. Beecher to talk offline for more clarity.                                                                          
                                                                                                                                
3:44:46 PM                                                                                                                    
SENATOR WIELECHOWSKI stated that the  current version of SB 64 is                                                               
not the  final bill. He  said his  office has heard  the concerns                                                               
from  constituents  about same  day  voter  registration and  the                                                               
synthetic media  provision that was  removed. The  committee will                                                               
continue to work on ballot  tracking and solutions that will best                                                               
accommodate everyone.                                                                                                           
                                                                                                                                
3:46:00 PM                                                                                                                    
SENATOR  YUNDT said  he  wasn't aware  that  the synthetic  media                                                               
portion of the bill was removed and asked for an explanation.                                                                   
                                                                                                                                
3:46:25 PM                                                                                                                    
MR. DUNSMORE answered  that the synthetic media portion  of SB 64                                                               
was  removed at  the last  committee meeting  with version  H. He                                                               
said there  is discussion about  possibly reintroducing  parts of                                                               
the  synthetic  media  portion that  protects  broadcasters  from                                                               
unnecessary liability.                                                                                                          
                                                                                                                                
3:47:13 PM                                                                                                                    
CHAIR  KAWASAKI   explained  that   the  committee   removed  the                                                               
synthetic media  provision because the  provision had less  to do                                                               
with elections than other items.  There's currently an artificial                                                               
intelligence (AI) task force and other bills addressing AI. He                                                                  
said there is an interest within the committee in revisiting                                                                    
synthetic media provision for SB 64.                                                                                            
                                                                                                                                
3:48:17 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony on SB 64.                                                                                
                                                                                                                                
3:48:47 PM                                                                                                                    
AYDEN NICHOL, Democracy Fellow, The Alaska Center, Anchorage,                                                                   
Alaska, testified in support of SB 64:                                                                                          
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
     Alongside protecting  our air  and water  and producing                                                                    
     clean  energy,  building  a   strong  democracy  is  an                                                                    
     important  part of  our work  toward a  sustainable and                                                                    
     just Alaska.                                                                                                               
                                                                                                                                
     As you know, the state  has a longstanding track record                                                                    
     of  failing  to protect  the  right  to vote  in  rural                                                                    
     areas. Routinely,  polling places  open late    or fail                                                                    
     to  open  entirely.  Post office  closures  and  delays                                                                    
     prevent  ballots  cast   on-time  from  being  counted.                                                                    
     Ballots  are   discarded  without  giving   voters  the                                                                    
     opportunity to correct mistakes.                                                                                           
                                                                                                                                
     Fortunately, many  of the provisions in  Senate Bill 64                                                                    
     would  address  these  failures.  We  are  particularly                                                                    
     encouraged  by   the  proposed  addition  of   a  rural                                                                    
     community  liaison to  make sure  that the  Division of                                                                    
     Elections is addressing rural voters' needs.                                                                               
                                                                                                                                
     But while we support the  passage of this bill, we also                                                                    
     believe  that it  may go  further to  protect Alaskans'                                                                    
     voting   rights.   House   Bill   43,   introduced   by                                                                    
     Representative  Schrage, holds  a provision  that would                                                                    
     begin early voting 30 days  before the election, rather                                                                    
     than the  current 15  days. We  can't, in  one session,                                                                    
     address the  huge array  of logistical  challenges that                                                                    
     delay and prevent rural voting,  but we can give voters                                                                    
     and the  Division more time  to respond as  they arise.                                                                    
     The more time  they have, the less likely it  is that a                                                                    
     properly-cast ballot will go uncounted.                                                                                    
                                                                                                                                
     We urge  you to work  to make sure that  this provision                                                                    
     is included  in the final  version of the bill.  And we                                                                    
       appreciate your hard work to make sure that every                                                                        
     Alaskan's vote is counted in every election.                                                                               
                                                                                                                                
3:50:51 PM                                                                                                                    
DONNA GOLDSMITH, representing  self, Anchorage, Alaska, testified                                                               
in  support of  SB 64  and stated  that voting  is a  fundamental                                                               
right and  civic duty. SB  64 strengthens that right  by removing                                                               
key barriers by:                                                                                                                
                                                                                                                                
   • Allowing same-day registration                                                                                             
   • Eliminating the outdated witness signature requirement-                                                                    
     which caused hundreds of ballots to be voided in the last                                                                  
     election for no rational reason                                                                                            
   • Providing a ballot curing process                                                                                          
   • Including prepaid return envelopes                                                                                         
                                                                                                                                
SB 64  makes voting more  accessible and ensures more  voices are                                                               
heard.                                                                                                                          
                                                                                                                                
3:52:37 PM                                                                                                                    
MARLENE WATSON,  representing self, Anchorage,  Alaska, testified                                                               
in support of  SB 64 and agreed with the  previous testifier. She                                                               
stated  her  belief that  special  needs  ballots should  not  be                                                               
thrown  out  because  of mistakes  made  by  election  officials,                                                               
creating a  recurring absentee voter  base list would  reduce the                                                               
number of mail-in ballot applications  and appointing a community                                                               
liaison would help elections run smoother in rural areas.                                                                       
                                                                                                                                
3:54:04 PM                                                                                                                    
LINDA  MORNING, representing  self, Kenai,  Alaska, testified  in                                                               
support of SB 64 and agreed with the previous testifiers.                                                                       
                                                                                                                                
3:56:04 PM                                                                                                                    
SENATOR WIELECHOWSKI  stated that  his office supports  and wants                                                               
the witness verification system, but  the state cant  afford a $5                                                               
million dollar system right now.                                                                                                
                                                                                                                                
3:57:31 PM                                                                                                                    
CHAIR KAWASAKI held SB 64 in committee.