05/02/2023 03:30 PM Senate STATE AFFAIRS

             SB 138-ELECTIONS; VOTER REG.; CAMPAIGNS                                                                        
                                                                                                                                
3:53:31 PM                                                                                                                    
CHAIR  KAWASAKI   reconvened  the   meeting  and   announced  the                                                               
consideration  of  SENATE  BILL  NO.  138  "An  Act  relating  to                                                               
elections; relating  to voters;  relating to voting;  relating to                                                               
the  crime of  unlawful  interference with  voting  in the  first                                                               
degree; relating to campaign signs;  relating to the reporting of                                                               
financial and  business interests  by certain  municipal officers                                                               
and  former   officers  and  candidates  for   municipal  office;                                                               
relating  to  the  Redistricting  Board;  and  providing  for  an                                                               
effective date."                                                                                                                
                                                                                                                                
He  noted that  there was  a  committee substitute  (CS) for  the                                                               
committee to consider.                                                                                                          
                                                                                                                                
3:53:53 PM                                                                                                                    
SENATOR  WIELECHOWSKI moved  to  adopt  the committee  substitute                                                               
(CS)  for  SB  138,  work   order  33-LS0783\B,  as  the  working                                                               
document.                                                                                                                       
                                                                                                                                
3:54:06 PM                                                                                                                    
CHAIR KAWASAKI objected for purposes of discussion.                                                                             
                                                                                                                                
3:54:26 PM                                                                                                                    
MATT  LONGABAUGH, Staff,  Senator  Scott  Kawasaki, Alaska  State                                                               
Legislature, Juneau,  Alaska reviewed the changes  from version A                                                               
to version B of SB 138.                                                                                                         
                                                                                                                                
     Page 2, lines 21-23. The  phrase "A change of residence                                                                    
     is  made only  by the  act of  removal joined  with the                                                                    
     intent to remain in another place." was removed.                                                                           
                                                                                                                                
     Page 3, lines  7 and 9. References to  the statutes [AS                                                                    
     15.15.210]  for  questioning voter  qualifications  and                                                                    
     [AS 15.20.215] for  challenging ballot review decisions                                                                    
     were added.                                                                                                                
                                                                                                                                
     Section 3.  The new  paragraph (13)  in version  A that                                                                    
     amended AS  15.07.060(a) was  removed. This  would have                                                                    
     required  voter   registration  forms  to   include  an                                                                    
     acknowledgment that the voter  understands that if they                                                                    
     are  registered  to vote  in  another  state, DOE  will                                                                    
     notify the  other state and request  cancelation of the                                                                    
     voter's registration in that state.                                                                                        
                                                                                                                                
     Page 7, line 4 - page 8,  line 2. A new bill Section 10                                                                    
     amends AS 15.07.130(a) relating  to notifying voters to                                                                    
     verify their voter registration.                                                                                           
                                                                                                                                
     Page 8, lines  3 - 21. A new bill  Section 11 amends AS                                                                    
     15.07.130(b) to conform to the changes in Section 10.                                                                      
                                                                                                                                
     Page 8,  line 22 - page  9, line 4. A  new bill Section                                                                    
     12 amends AS 15.07.130(d) to  conform to the changes in                                                                    
     Sections 10 and 11.                                                                                                        
                                                                                                                                
     Page 10, line 20 - page  11, line 4. A new bill Section                                                                    
     16  amends AS  15.13.020(j)  repealing the  requirement                                                                    
     for APOC to have offices in every Senate District.                                                                         
                                                                                                                                
     Page 11, line  7. The phrase "in a  manner that enables                                                                    
     each voter to participate  effectively in the electoral                                                                    
     process" was  removed [from the  new subsection  (f) in                                                                    
     AS 15.15.060].                                                                                                             
                                                                                                                                
     Page 11, lines  22-28. A new bill Section  19 amends AS                                                                    
     15.15 with a new Sec.  15.15.205. A voter who requested                                                                    
     an absentee ballot and appears  at a polling station to                                                                    
     vote may surrender the  absentee ballot for destruction                                                                    
     or vote a question ballot.                                                                                                 
                                                                                                                                
     Page 16, line  16. The term "signed"  was replaced with                                                                    
     the term "executed."                                                                                                       
                                                                                                                                
     Page  17,  line   28  -  Page  18,  line   2.  The  new                                                                    
     Sec.15.20.215  clarifies  that   an  observer  for  any                                                                    
     campaign may  challenge a  ballot review  decision. The                                                                    
     requirement for  the procedure to challenge  a decision                                                                    
     to  provide  24  hours  was changed  to  "a  reasonable                                                                    
     amount of time."                                                                                                           
                                                                                                                                
     Page  18, lines  10,  19, and  20.  The phrase  "multi-                                                                    
     factor authentication" was  removed from Sec. 15.20.221                                                                    
     for clarity.                                                                                                               
                                                                                                                                
     Page 20,  line 7.  The phrase "for  elections conducted                                                                    
     by mail" was removed to  clarify that secure drop boxes                                                                    
     will be provided for all elections.                                                                                        
                                                                                                                                
     Page  20, lines  8-9.  The phrase  "if practicable"  is                                                                    
     applied only to  the requirement for drop  boxes at the                                                                    
     Division of Elections regional offices.                                                                                    
                                                                                                                                
     Page 21, lines  16-21. A new bill Section  37 amends AS                                                                    
     15.80  adding  Sec.  15.80.006  that  requires  DOE  to                                                                    
     develop a cybersecurity program.                                                                                           
                                                                                                                                
3:59:52 PM                                                                                                                    
CHAIR KAWASAKI removed his objection; finding no further                                                                        
objection, version B was adopted.                                                                                               
                                                                                                                                
He noted there was an Amendment 1.                                                                                              
                                                                                                                                
4:00:04 PM                                                                                                                    
SENATOR WIELECHOWSKI moved Amendment 1, work order 33-                                                                          
LS0783\B.1.                                                                                                                     
                                                                                                                                
                                                 33-LS0783\B.1                                                                  
                                                        Klein                                                                   
                                                       5/2/23                                                                   
                                                                                                                                
                                                                                                                                
                          AMENDMENT 1                                                                                       
                                                                                                                                
                                                                                                                                
     OFFERED IN THE SENATE           BY SENATOR WIELECHOWSKI                                                                    
        TO:  CSSB 138(STA), Draft Version "B"                                                                                   
                                                                                                                                
                                                                                                                                
     Page 1, following line 7:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section  1. The  uncodified law  of the  State of                                                                
     Alaska is amended by adding a new section to read:                                                                         
          LEGISLATIVE INTENT: TRANSPARENCY. It is the                                                                           
     intent  of   the  legislature  that  the   division  of                                                                    
     elections,  in  order   to  increase  transparency  and                                                                    
     ensure  trust  in the  integrity  of  the state's  vote                                                                    
     counting and  tabulation process  and to  allow members                                                                    
     of the  public to verify the  accuracy of ranked-choice                                                                    
     tabulations,                                                                                                               
               (1)  in accordance with national best                                                                            
     practices  for   reporting  results   of  ranked-choice                                                                    
     voting  elections,  include  preliminary  ranked-choice                                                                    
     tabulations   when   releasing   preliminary   election                                                                    
     results; and                                                                                                               
               (2)  periodically throughout the vote                                                                            
     counting process  post updated  cast vote  record files                                                                    
     that include anonymized  records indicating the ranking                                                                    
     order of each ballot cast."                                                                                                
                                                                                                                                
     Page 1, line 8:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 12, following line 8:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 23. AS 15.15.370 is amended to read:                                                                        
                                                                                                                                
          Sec.   15.15.370.    Completion   of    ballot   count;                                                             
     certificate. When the count of  ballots is completed, and in                                                             
     no  event  later  than  the  day  after  the  election,  the                                                               
     election board shall make a  certificate in duplicate of the                                                               
     results. The  certificate includes the number  of votes cast                                                               
     for each candidate, including, for  a candidate in a general                                                               
     election, the number of votes  at each ranking [ROUND OF THE                                                           
     RANKED-CHOICE  TABULATION PROCESS]  under AS 15.15.350,  the                                                               
     number of votes for and  against each proposition, yes or no                                                               
     on each question, and  any additional information prescribed                                                               
     by the director. The election  board shall, immediately upon                                                               
     completion of the  certificate or as soon  thereafter as the                                                               
     local mail  service permits, send  in one sealed  package to                                                               
     the director one  copy of the certificate  and the register.                                                               
     In addition,  all ballots properly  cast shall be  mailed to                                                               
     the director  in a separate, sealed  package. Both packages,                                                               
     in  addition to  an address  on the  outside, shall  clearly                                                               
     indicate  the  precinct from  which  they  come. Each  board                                                               
     shall, immediately upon completion  of the certification and                                                               
     as soon thereafter  as the local mail  service permits, send                                                               
     the  duplicate   certificate  to  the   respective  election                                                               
     supervisor. The  director may  authorize election  boards in                                                               
     precincts in  those areas  of the  state where  distance and                                                               
     weather make mail communication  unreliable to forward their                                                               
     election  results by  telephone or  radio. The  director may                                                               
     authorize  the unofficial  totaling of  votes on  a regional                                                               
     basis  by  election  supervisors,   tallying  the  votes  as                                                               
     indicated  on  duplicate  certificates. To  ensure  adequate                                                               
     protection,  the  director  shall prescribe  the  manner  in                                                               
     which  the  ballots,  registers,   and  all  other  election                                                               
     records    and   materials    are   thereafter    preserved,                                                               
     transferred, and destroyed.                                                                                                
                                                                                                                              
       * Sec. 24. AS 15.15.370 is amended by adding a new                                                                     
     subsection to read:                                                                                                        
          (b)  Each day the director releases unofficial                                                                        
     totals of election results for a general election, the                                                                     
      director shall also release an updated ranked-choice                                                                      
     tabulation."                                                                                                               
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 24, line 1:                                                                                                           
          Delete "sec. 36"                                                                                                      
          Insert "sec. 39"                                                                                                      
                                                                                                                                
     Page 24, line 2:                                                                                                           
          Delete "sec. 36"                                                                                                      
          Insert "sec. 39"                                                                                                      
                                                                                                                                
     Page 24, line 9:                                                                                                           
          Delete "Section 47"                                                                                                   
          Insert "Section 50"                                                                                                   
                                                                                                                                
     Page 24, line 10:                                                                                                          
          Delete "sec. 48"                                                                                                      
          Insert "sec. 51"                                                                                                      
                                                                                                                                
CHAIR KAWASAKI objected for discussion purposes.                                                                                
                                                                                                                                
SENATOR WIELECHOWSKI  explained that many people  thought that as                                                               
votes were counted  and the unofficial totals  were released, the                                                               
DOE   director   would    release   the   updated   ranked-choice                                                               
tabulations.  That   didn't  happen  and  it   eroded  trust  and                                                               
confidence  in the  elections process.  Amendment 1  requires the                                                               
director to release the unofficial  election results in a general                                                               
election  as the  results  are tabulated.  It  also requires  the                                                               
rankings  to be  listed when  the ballot  count is  completed. He                                                               
deferred further explanation to Mr. Dunsmore.                                                                                   
                                                                                                                                
4:01:22 PM                                                                                                                    
DAVID DUNSMORE,  Staff, Senator  Bill Wielechowski,  Alaska State                                                               
Legislature,  Juneau, Alaska,  explained  that  Amendment 1  adds                                                               
three  new  bill  sections   relating  to  reporting  preliminary                                                               
ranked-choice  voting results,  which will  bring Alaska  in line                                                               
with national  best practices for releasing  ranked-choice voting                                                               
results. He  advised that  the Harvard Law  School and  Fair Vote                                                               
recommend  releasing  preliminary  ranked-choice  tabulations  on                                                               
election night as well as the  cast vote record, which is the raw                                                               
file  of  how each  individual  ballot  was ranked.  This  allows                                                               
voters to  verify the accuracy  of the count. They  recommend the                                                               
periodic  release   of  these  results.  The   amendment  further                                                               
requires the release of a  ranked-choice tabulation result on any                                                               
day that preliminary  results are released. There  is also intent                                                               
language for the periodic release  of the cast vote records prior                                                               
to the final count.                                                                                                             
                                                                                                                                
4:02:58 PM                                                                                                                    
CHAIR KAWASAKI  asked if the state  would be able to  comply with                                                               
these requirements.                                                                                                             
                                                                                                                                
MR. DUNSMORE responded that after  the last hearing DOE confirmed                                                               
by  email  that  the  cast  vote  records  can  be  produced  for                                                               
intermediate  results. He  added  that  other jurisdictions  that                                                               
have adopted these best practices  use the same Dominion software                                                               
as Alaska.                                                                                                                      
                                                                                                                                
4:03:51 PM                                                                                                                    
SENATOR BJORKMAN  spoke in favor  of Amendment 1. He  opined that                                                               
releasing  preliminary  data  was  important to  the  public.  He                                                               
continued  that it  was surprising  in the  last election  to see                                                               
that the  ranked-choice voting  tabulation results  were delayed,                                                               
but  it was  particularly  surprising that  the absentee  ballots                                                               
results  were  delayed  when  DOE was  clearly  able  to  produce                                                               
absentee  ballot   results  in   a  timely  manner   in  previous                                                               
elections. That  data was in  hand and could have  been produced,                                                               
but Alaskans  had to wait two  weeks for the results.  That's not                                                               
okay, which is why he supports the amendment.                                                                                   
                                                                                                                                
4:05:29 PM                                                                                                                    
CHAIR KAWASAKI  withdrew his objection  to Amendment 1.  He found                                                               
no further objection and Amendment 1 was adopted.                                                                               
                                                                                                                                
4:06:36 PM                                                                                                                    
CHAIR KAWASAKI opened  public testimony on SB  138; finding none,                                                               
he closed public testimony.                                                                                                     
                                                                                                                                
4:07:24 PM                                                                                                                    
SENATOR WIELECHOWSKI  moved to  report CSSB  138, work  order 33-                                                               
LS0783\B,   as   amended,    from   committee   with   individual                                                               
recommendations and attached fiscal note(s).                                                                                    
                                                                                                                                
4:07:48 PM                                                                                                                    
SENATOR BJORKMAN objected  to comment on the  potential danger of                                                               
coercion when somebody takes a  picture of their ballot and posts                                                               
it on social  media. This is illegal and those  who flout the law                                                               
should be  held accountable.  A person's ballot  is secret  for a                                                               
reason and should remain so.                                                                                                    
                                                                                                                                
4:09:23 PM                                                                                                                    
SENATOR BJORKMAN removed his objection.                                                                                         
                                                                                                                                
CHAIR KAWASAKI found  no further objection and  CSSB 138(STA) was                                                               
reported from the Senate State Affairs Standing Committee.