03/27/2025 03:30 PM Senate STATE AFFAIRS

                        SB  64-ELECTIONS                                                                                    
                                                                                                                                
3:32:24 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."                                                                                   
                                                                                                                                
3:32:42 PM                                                                                                                    
CHAIR KAWASAKI solicited a motion.                                                                                              
                                                                                                                                
3:32:46 PM                                                                                                                    
SENATOR  BJORKMAN moved  to adopt  the committee  substitute (CS)                                                               
for SB 64, work order 34-LS0153\O, as the working document.                                                                     
                                                                                                                                
3:33:02 PM                                                                                                                    
CHAIR KAWASAKI objected for purposes of discussion.                                                                             
                                                                                                                                
3:33:32 PM                                                                                                                    
MAXINE LABERGE,  Staff, Senator  Bill Wielechowski,  Alaska State                                                               
Legislature,  Juneau, Alaska,  presented the  summary of  changes                                                               
from version T to version O of SB 64:                                                                                           
                                                                                                                                
[Original punctuation provided.]                                                                                                
                                                                                                                                
       Summary of Changes Draft CS Version T to Draft CS                                                                        
                           Version O                                                                                            
                                                                                                                                
     The following provisions were added to the bill:                                                                         
                                                                                                                                
        • Section 1, subsection 9 & section 25 clarify that                                                                     
          voters  will have  their  ballot  counted for  the                                                                    
          races they are  still eligible to vote  in if they                                                                    
          vote  in a  district which  includes their  former                                                                    
          voting residence.                                                                                                     
        • In Section 6, subsection 4 & Section 10,                                                                              
          subsections   (i)-(l):   additional   voter   roll                                                                    
          cleanup procedures  were added to  require notices                                                                    
          be sent to voters  whose permanent mailing address                                                                    
          in  Division records  has been  outside of  Alaska                                                                    
          for at  least two  years. These notices  will give                                                                    
          the  voters the  opportunity to  confirm they  are                                                                    
          still     Alaska    residents,     cancel    their                                                                    
         registration, or move to federal only status.                                                                          
        • In Section 10 the following subsections were                                                                          
          added:                                                                                                                
          -Subsection  (g) requires  the  Division to  adopt                                                                    
          regulations  to  conduct  a review  of  the  voter                                                                    
          register.                                                                                                             
          -Subsection (h)  requires the Division  to consult                                                                    
          with an  expert to conduct  a review of  the voter                                                                    
          register   and  to   submit   a   report  to   the                                                                    
          Legislature.                                                                                                          
                                                                                                                                
     The following changes were made to existing provisions                                                                   
     in the bill:                                                                                                               
                                                                                                                                
        • In Section 38 the existing ballot tracking                                                                            
          language is  replaced with provisions that  can be                                                                    
          implemented by the Division.                                                                                          
        • In Section 1 clarifications are made to the                                                                           
          definition of residency.                                                                                              
                                                                                                                                
3:35:25 PM                                                                                                                    
CHAIR  KAWASAKI  removed  his  objection.  He  found  no  further                                                               
objection and CSSB 64 was adopted as the working document.                                                                      
                                                                                                                                
3:36:20 PM                                                                                                                    
CHAIR KAWASAKI opened public testimony on SB 64.                                                                                
                                                                                                                                
3:36:38 PM                                                                                                                    
ALEX  KOPLIN,  representing  self, Homer,  Alaska,  testified  in                                                               
support  of SB  64 and  stated  that he  supports ballot  curing,                                                               
witness  signatures,  and  prepaid  envelopes.  He  stressed  the                                                               
importance of  protecting voting  access, noting that  voters can                                                               
make mistakes and should still  have their votes counted. He said                                                               
while the  overall proposal  is complex,  he believes  passing at                                                               
least one reform this year would  be a big step forward and could                                                               
lay  the  groundwork  for future  improvements  before  the  next                                                               
election.                                                                                                                       
                                                                                                                                
3:38:57 PM                                                                                                                    
ROBERT WELTON, representing self,  Juneau, Alaska, testified with                                                               
concerns on  SB 64 and discussed  Section 42 of version  T, which                                                               
requires  the  lieutenant  governor  to  create  a  cybersecurity                                                               
program  for voter  registration records.  He stated  that he  is                                                               
supportive  of stronger  security  but had  two concerns:  First,                                                               
cybersecurity  should  be  managed   by  a  nonpartisan  election                                                               
official,  not  the  lieutenant   governor,  to  avoid  political                                                               
influence  and  mistrust.  Second,   the  scope  is  too  narrow,                                                               
covering  only  voter  registration   records,  and  should  also                                                               
include vote  tabulation systems.  He said he  supports expanding                                                               
cybersecurity  but  suggested   shifting  responsibility  to  the                                                               
Division of Elections.                                                                                                          
                                                                                                                                
3:41:27 PM                                                                                                                    
CHAIR KAWASAKI closed public testimony on SB 64.                                                                                
                                                                                                                                
3:41:38 PM                                                                                                                    
CHAIR KAWASAKI  stated that the  committee has discussed  how the                                                               
division can make  sure ballots are properly  tracked. Since some                                                               
legislators see  ballot tracking as essential  to knowing exactly                                                               
where a ballot is in the  process, the committee added Section 38                                                               
on page 21, version  O of SB 64. He asked  Ms. Beecher to explain                                                               
the divisions thoughts regarding this new section.                                                                              
                                                                                                                                
3:42:31 PM                                                                                                                    
CAROL  BEECHER,  Director,   Division  of  Elections,  Anchorage,                                                               
Alaska,  answered  questions on  SB  64  and responded  that  the                                                               
division confirmed it can meet  the section's requirements either                                                               
with existing  systems or  with a vendor.  The only  challenge is                                                               
tracking  the exact  delivery date  of ballots  to voters,  since                                                               
that  relies   on  USPS  tracking.   She  added   that  residency                                                               
requirements for voting mandate a person  to be a resident of the                                                               
state in which they vote, regardless  of whether it is a state or                                                               
federal  race.  Section 6  and  10  of  SB 64  address  residency                                                               
requirements for voting. She noted  that although the language in                                                               
Section 10(I)  may seem  confusing, nonresidents  of a  state are                                                               
not permitted to vote under any circumstances.                                                                                  
                                                                                                                                
3:45:31 PM                                                                                                                    
SONJA KAWASAKI,  Assistant Senate  Majority Legal  Counsel Alaska                                                               
State Legislature Juneau, Alaska answered  questions on SB 64 and                                                               
stated that the two sections  in question were drafted to clarify                                                               
residency rules for voting. These  sections allow someone who has                                                               
a reasonable plan  to return to the state or  their former voting                                                               
district  to  continue  voting  there, as  mentioned  in  SB  64,                                                               
Section  1(2).  She  said  this  reflects  how  the  Division  of                                                               
Elections  already handles  ballots when  voters move  from their                                                               
original  registration  address.  While  the  sections  may  need                                                               
further legal  review, they are seen  as technical clarifications                                                               
rather than substantive changes.                                                                                                
                                                                                                                                
3:47:28 PM                                                                                                                    
SENATOR  WIELECHOWSKI  opined  that   the  fundamental  issue  is                                                               
sometimes people leave their residence,  move overseas, but under                                                               
federal law still retain the right  to vote. Sections 6 and 10 of                                                               
SB 64 address this situation.                                                                                                   
                                                                                                                                
3:48:00 PM                                                                                                                    
MS.  KAWASAKI  explained that  under  current  law, Alaskans  who                                                               
move, whether overseas,  to another state, or  within Alaska, can                                                               
still vote in  the district they intend to return  to. Sections 6                                                               
and 10  aim to align with  how the Division of  Elections already                                                               
applies  the law,  but  with  a shift  from  a vague  "subjective                                                               
intent"  to  a  clearer  requirement   that  the  voter  have  an                                                               
articulable and reasonable plan to return.                                                                                      
                                                                                                                                
3:49:21 PM                                                                                                                    
SENATOR  WIELECHOWSKI  noted  that  Alaska  has  more  registered                                                               
voters than  actual citizens, partly  because people  register to                                                               
vote in  Alaska and then leave  the state. Some do  this to claim                                                               
Alaska as  their legal  residence for tax  reasons or  to receive                                                               
permanent fund  dividends, which is  fraudulent. He said  that if                                                               
the  bill,  as  written,  aligns   with  federal  law,  then  the                                                               
committee shouldn't delay its progress.                                                                                         
                                                                                                                                
3:51:03 PM                                                                                                                    
CHAIR KAWASAKI referenced SB 64,  page 2, lines 17-19, and sought                                                               
confirmation that a  person does not lose  their Alaska residency                                                               
by temporarily  leaving the state  with the intent to  return. He                                                               
gave an example of a child  leaving for college from the parent's                                                               
home.                                                                                                                           
                                                                                                                                
3:51:43 PM                                                                                                                    
SENATOR  WIELECHOWSKI  replied that  is  exactly  the intent.  He                                                               
explained  that the  law  aims to  allow  people who  temporarily                                                               
leave Alaska,  such as students, seasonal  residents, or military                                                               
members, to  maintain residency  and vote, if  they have  a clear                                                               
and  reasonable plan  to return.  This prevents  the voter  rolls                                                               
from being  inflated by  individuals with  no real  connection or                                                               
intent to return to Alaska.                                                                                                     
                                                                                                                                
3:52:34 PM                                                                                                                    
CHAIR KAWASAKI  referenced Section 6  that addresses the  loss of                                                               
Alaska residency  by establishing residency or  voting in another                                                               
state and to reestablish one's  voting right must requalify under                                                               
AS 15.05.  He asked Ms. Beecher  if the Division can  comply with                                                               
Section 6.                                                                                                                      
                                                                                                                                
3:53:32 PM                                                                                                                    
MS. BEECHER responded that someone  who was a resident of Alaska,                                                               
such as a  person currently overseas, can still  be considered an                                                               
Alaska resident for voting purposes.  However, everyone must have                                                               
a state  of residency;  you cannot  be without  jurisdiction. She                                                               
said residency,  in this  context, determines  where a  person is                                                               
eligible to vote.                                                                                                               
                                                                                                                                
3:54:30 PM                                                                                                                    
SENATOR WIELECHOWSKI  referenced page 2, lines  9-13, that allows                                                               
voters  to  maintain  residency  based  on  their  "intention  to                                                               
return,"  but   the  Division   of  Elections   cannot  determine                                                               
someone's  intentions. The  proposed  change  requires voters  to                                                               
have a clear, reasonable, and  articulable plan to return, rather                                                               
than a  vague intention,  making the  standard more  concrete and                                                               
enforceable.                                                                                                                    
                                                                                                                                
3:56:26 PM                                                                                                                    
CHAIR KAWASAKI solicited the will of the committee.                                                                             
                                                                                                                                
3:56:30 PM                                                                                                                    
SENATOR  BJORKMAN  moved  to  report  CSSB  64,  work  order  34-                                                               
LS0153\O,  from  committee  with individual  recommendations  and                                                               
attached fiscal note(s).                                                                                                        
                                                                                                                                
3:56:48 PM                                                                                                                    
CHAIR KAWASAKI found no objection  and CSSB 64 (STA) was reported                                                               
from the Senate State Affairs Standing Committee.