Legislature(2023 - 2024)BELTZ 105 (TSBldg)
03/05/2024 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| Presentation: Alaska Division of Elections | |
| SB246 | |
| SB232 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 129 | TELECONFERENCED | |
| *+ | SB 246 | TELECONFERENCED | |
| *+ | SB 232 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 129-ELECTIONS: VOTER REG./LEGAL FUND/COMMS
[Contains discussion of SB 138]
4:00:32 PM
CHAIR KAWASAKI announced the consideration of HOUSE BILL NO. 129
"An Act relating to voter registration; and providing for an
effective date."
4:01:13 PM
REPRESENTATIVE SARAH VANCE, District 6, Alaska State
Legislature, Juneau, Alaska, sponsor of HB 129, said HB 129 is
intended to better restore the integrity in the election process
in Alaska and build public trust in one of the most foundational
rights. The need to bring election reform comes directly from
the outcry of the people of Alaska. For many years, voters have
been highlighting various issues and have expressed a clear lack
of trust in the voting process. Despite some dismissing these
concerns as mere speculation, the results are evident in the 44
percent turnout in the 2022 general election, marking the lowest
voter turnout rate in decades for Alaska. art.I, sec. II,
Constitution of the State of Alaska states that all political
power is inherent in the people and that government originates
solely from their will. She stated that Alaskans have spoken,
and it is time to focus efforts toward the foundation of the
government: the voter. art. V of the Alaska Constitution serves
as a basic framework for elections and grants authority to the
legislature to prescribe qualifications, disqualifications,
methods of voting, precincts, and registration by law.
4:02:56 PM
REPRESENATIVE VANCE moved to slide 2 and explained the excessive
voter registration rate:
[Original punctuation provided.]
Why does Alaska have a 106 percent voter registration
rate?
Transit Population
Intent of Returning
PFD Automatic Voter Registration
REPRESENTATIVE VANCE said that HB 129 addresses the concerns by
requiring the Director to send letters to confirm the addresses
of all voters not domiciled in Alaska in an easier system to
cancel voter registration.
4:03:21 PM
REPRESENTATIVE VANCE moved to slide 3 and listed regulations
that Division of Elections would adopt:
[Original punctuation provided.]
DIVISION OF ELECTIONS SHALL ADOPT REGULATIONS
1. Annual Review
2. Review Data Breaches
3. Compare Eligible Voters
4. Specify Databases
5. Maintenance Schedule
6. Registration Cancellation
REPRESENTATIVE VANCE noted that HB 129 adopts best practices to
validate Alaska voter status with multiple databases and to
disclose data breaches within 30 days if it does not interfere
with an investigation.
4:03:46 PM
REPRESENTATIVE VANCE moved to slide 4 and explained the annual
review process:
[Original punctuation provided.]
ANNUAL REVIEW
January of each year, the director shall examine the
master register, and shall send a notice requesting
address confirmation or correction to each voter
The notice will be sent by forwardable mail and email
and must include a postage prepaid, pre-addressed
return card.
The notice must explain to the voter that their
registration will be inactivated unless they respond
within 45 days.
4:04:29 PM
REPRESENTATIVE VANCE moved to slide 5 and listed notice
requirements:
[Original punctuation provided.]
THE DIRECTOR SHALL SEND THE NOTICE...
1. MAIL RETURNED TO THE DIVISION UNDELIVERABLE
2. NO CONTACT & NOT VOTED IN 2 YEARS
3. WHO, IN THE PRIOR TO YEARS
a. registered to vote in another state
b. received a driver's license in another state
c. registered a vehicle in another state
d. served on a jury in another state
e. received benefits in another state
f. established residence in another state...
4:05:14 PM
REPRESENTATIVE VANCED moved to slide 6 and explained data
breaches:
[Original punctuation provided.]
REVIEW DATA BREACHES
Regulations must provide for review of the register
for data breaches...
State officials said "outside actors" accessed the
data through a flaw in the online voter registration
system, which has since been patched. They were able
to pull registered voters' names, dates of birth,
state identification numbers, last four digits of
Social Security numbers, addresses and party
affiliations. (Party affiliations, names and addresses
are already publicly available through the state's
voter information database.) ADN article Dec. 3, 2020
REPRESENTATIVE VANCE recalled that 113,000 Alaskans had their
data breached in 2020 and many people were not dismayed to know
that breach occurred prior to the election but they were
notified until after the election. She said this slide simply
states that disclosure to those who were impacted must occur
within 30 days as long as it does not interfere with an
investigation.
4:05:48 PM
REPRESENTATIVE VANCE moved to slide 7 and listed non-eligible
voters:
[Original punctuation provided.]
COMPARE ELIGABLE VOTERS
Compare persons eligible to vote in the state,
• deceased voters
• felons
• not qualified to vote under AS 15.05
• persons registered to vote in another state
4:06:05 PM
REPRESENTATIVE VANCE moved to slide 8 and listed databases that
Division of Elections would use in reviewing the master
register:
[Original punctuation provided.]
SPECIFY DATABASES
The regulations must specify records and
databases for use in reviewing the master register;
• USPS National Change of Address Database
• Permanent Fund Dividend recipient database
• Alaska Court System database
• DMV records
• Department of Corrections
• Property & Sales Tax Records
• Social Security Records
• Municipal Assessor Database
• Social Security Administration Death Index
• Alien Database by Homeland Security
• Jury Duty Records
REPRESENTATIVE VANCE added that the division already utilizes
most of the listed items. However, she encouraged using each of
the tools to ensure voter rolls are accurate.
4:06:41 PM
REPRESENTATIVE VANCE moved to slide 9 and explained the
maintenance schedule:
[Original punctuation provided.]
MAINTANENCE SCHEDULE
The director shall develop a written maintenance
schedule and guideline manual for the system...
• provide a report on the system to the Legislature
on the first day of session
• inform a voter of the criteria to qualify as a
voter and penalties for misconduct.
REPRESENTATIVE VANCE expressed that there is a lack of clarity
in the process. She said a maintenance schedule would ensure
that successors in the division have access to coherent
information for the review process.
4:07:39 PM
REPRESENTATIVE VANCE moved to slide 10 and spoke to registration
cancellation:
[Original punctuation provided.]
REGISTRATION CANCELLATION
The director shall develop a process to allow a voter
to cancel the voter's registration...
• in person
• before an election official
• electronically "email"
• display instructions for a voter to cancel the
voter's registration at each polling place.
REPRESENATIVE VANCE opined that voting tends to be the last
thing on people's minds until closer to the election date. She
said in summary, having a secure and trustworthy election
process begins with accurate voter rolls and this process allows
for voters to cancel their registration more easily. Over-
registering voters makes the election system inaccurate and
vulnerable to the actions of bad actors. Compromised data allows
those with nefarious intent to exploit inactive voters and
invite those who do not live in Alaska to influence our
elections.
4:09:09 PM
SENATOR WIELECHOWSKI said he supports the general concept of HB
129. He wondered how many additional voters would receive
activation notices.
4:09:30 PM
REPRESENTATIVE VANCE replied that is a more appropriate question
for Ms. Beecher.
4:09:49 PM
CHAIR KAWASAKI noted that an individual's registration could be
canceled for various reasons, such as registering in another
state, serving on a jury, receiving benefits, or establishing
residency elsewhere. He mentioned that even registering a
vehicle or establishing residency in another state did not seem
like sufficient grounds for rule.
4:10:37 PM
REPRESENTATIVE VANCE replied that these triggers prompt the
division to send a notification for verification in the form of
a postcard and is not automatically inactivating them.
4:11:05 PM
CHAIR KAWASAKI asked for an explanation of the 45-day timeline
under Section 2 of HB 129, if it is too short, and if it had
been discussed.
4:11:47 PM
REPRESENTATIVE VANCE replied that the 45-day timeline was
recommended by the division. With email and address information
available, this timeframe provides one and a half months for
individuals to respond. The intention is to classify individuals
as inactive. The trigger provision specifies that voting would
restore active status for individuals previously classified as
inactive.
4:12:58 PM
CHAIR KAWASAKI asked if an inactive voter would be on the voter
roll.
4:13:14 PM
REPRESENATIVE VANCE invited Ms. Beecher to speak to voter rolls.
4:13:39 PM
SENATOR CLAMAN referred to Section 1 of HB 129 and page 4 of the
presentation, noting inconsistencies between the two. He
inquired whether notices are sent to every voter on the rolls.
4:14:27 PM
REPRESENTATIVE VANCE asked him to clarify which section he is
referencing.
4:14:35 PM
SENATOR CLAMAN said he is specifically reviewing the sectional
analysis. He noted an inconsistency between the analysis and the
slide.
4:15:28 PM
REPRESENATTIVE VANCE responded that the language in the slide
deck was mirrored after HB 129, and the amended language simply
states that when the director examines the master register, they
would send the notice requesting confirmation of address for
correction.
4:15:55 PM
SENATOR CLAMAN asked to whom.
4:16:03 PM
REPRESENTATIVE VANCE replied that the notice would be sent to
each voter.
4:16:06 PM
SENATOR CLAMAN asked for confirmation of his understanding that
HB 129 requires the division to send a notice to every
registered voter each January.
4:16:29 PM
REPRESENTATIVE VANCE clarified that notices would be sent to
each voter who has:
1. Had their mail returned
2. Has not contacted the division
3. Has not voted or appeared to vote within two years
4. Has appeared to establish residency after registering to
vote in the state.
She confirmed that the notice would only be sent to individuals
who have met the qualifications outlined in bullet points 1-3
under Section 1 of HB 129.
4:17:45 PM
SENATOR CLAMAN asked for confirmation of his understanding that
there is a limited number of people that the division sends the
notices to.
4:17:53 PM
REPRESENTATIVE VANCE replied that is correct.
4:17:56 PM
SENATOR CLAMAN asked how the state obtains information
demonstrating non-residency.
4:18:09 PM
REPRESENTATIVE VANCE replied that the director utilizes the ERIC
System and depends on the public to notify the division of
residency changes outside the state or through outreach efforts
such as obituaries. Data from the Permanent Fund Dividend (PFD)
is also utilized.
4:19:16 PM
SENATOR WIELECHOWSKI inquired about Section 1, Point 2 of HB 129
and asked whether updating voter registration counts through a
PFD application or DMV registration count as a trigger for
sending notices.
4:19:54 PM
REPRESENTATIVE VANCE replied that these are appropriate
questions for the division.
4:20:11 PM
CHAIR KAWASAKI said that the language speaks to the legislative
intent and shared that he personally had not had to change his
registration, as it is a simple and automatic process. He said
it is more of a technical question.
4:20:52 PM
REPRESENTATIVE VANCE said the intent of HB 129 is to clean up
voter rolls.
4:21:05 PM
SENATOR WIELECHOWSKI expressed concern about the large transient
population in his district and emphasized the need to prevent
disenfranchisement of these individuals. He highlighted that if
the department is mandated to send a notice but the address has
expired, those individuals would never receive notification.
4:22:05 PM
SENATOR CLAMAN said a bill was heard last year that was critical
of the ERIC system and asked Representative Vance for her
opinion.
4:22:27 PM
REPRESENTATIVE VANCE mentioned that there has been controversy
surrounding the ERIC system. She expressed concerns about its
reliability due to fewer states participating, resulting in less
robust data. She also noted that it is not a government-operated
system, which raises questions about its security. She
emphasized that HB 129 aims to address these concerns by
ensuring that the public relies on trusted data sources.
4:23:47 PM
SENATOR CLAMAN asked if there are any other national sources
with this data.
4:24:03 PM
REPRESENTATIVE VANCE responded that she believes there was
previously available data when she initially introduced HB 129.
4:24:24 PM
CHAIR KAWASAKI opined that he is unsure if an adequate
substitute for the ERIC system exists.
4:25:22 PM
CHAIR KAWASAKI opened public testimony on HB 129.
4:25:56 PM
TOM STEWART, Director of Policy, Secure Democracy USA,
Baltimore, Maryland, testified on HB 129. He stated that there
are opportunities to strengthen election administration in
Alaska and emphasized Secure Democracy's commitment to
collaborating with policy leaders to improve voter access across
the state. He urged committee members to take further action to
enhance the election process in Alaska, including by reaching
out to Alaskan voters who have changed their address. The
organization supports cross-checking voter registration across
multiple voter databases. He encouraged the committee to
carefully review the timeline, noting that many voters may have
moved and not voted in the previous two years as opposed to the
previous two general elections, so as in current law, the
division should activate voter registration. A shorter period
might result in a surge of ballots needing further review. He
encouraged members to collaborate with Director Beecher to
understand the potential impact on the increase in questioned
ballots. He expressed appreciation for the committee's efforts
to bolster voter confidence and encouraged the passage of
bipartisan legislation, such as last year's SB 138, which would
align Alaska's election systems with practices of other
legislatures. SB 138 would strengthen election security through
signature matching and would replace the witness requirement
that is burdensome to rural and elderly voters.
4:30:40 PM
SENATOR CLAMAN asked Mr. Stewart to limit his public testimony
to HB 129.
4:31:12 PM
SENATOR CLAMAN acknowledged that he highlighted one of his
questions about language under the legislation that states, "the
notice is sent to the voter." In reality, it may not have always
been received. He asked how he believes Mr. Steward how the
legislature could balance this issue in a timely manner
considering the possibility that some people may not receive
mail.
4:31:59 PM
MR. STEWART responded that "sent" does not necessarily equate to
"received." He noted that in other states, the current process
often involves sending two notices. His organization is
concerned about whether HB 129 would lead to an increase in
questioned ballots which in a general election year, could be a
real problem.
4:33:34 PM
CHAIR KAWASAKI announced public testimony.
4:34:25 PM
ALEX KOPLIN, League of Women's Voters, Alaska, Homer, Alaska,
testified on HB 129. He said HB 129 is a voter suppression bill
and a negative law proposal that would purge voters from being
able to vote as a result of severe guidelines. While many non-
partisan groups advocate for increased voter turnout, this
legislation is restrictive in nature. Testimony on HB 129 in
regard to the 2022 election did not indicate a lack of trust in
elections, and opined that Division of Elections does a good
job. He stated that elections are currently functioning normally
and expressed concern that this regressive bill, which passed
the House chamber, does not encourage voting. This legislation
would punish voters based on misinformation. He said he trusts
the division, which already has procedures in place, and argued
that HB 129 would consume unnecessary time and energy. In
reality, HB 129 is frightening.
4:38:23 PM
MICHAEL GARVEY, representing self, Anchorage, Alaska, testified
in opposition to HB 129. He said he is Advocacy Director for
ACLU of Alaska. He stated that HB 129 would make it more
challenging for rural voters to access election systems. He
explained that the bill would modify the steps for identifying
and notifying voters who would be inactivated, reducing the
timeframe from four to two years. He highlighted that infrequent
voters, especially those with limited English proficiency, would
be affected by this legislation. The 45-day timeline
disproportionately affects rural Alaskan voters for whom mail
and internet service is less reliable than in urban areas. He
stated that voting is a civil and constitutional right and
suggested removing the witness requirement on absentee ballots,
which he believes serves no security purpose. He urged the
committee to advance legislation that address these issues
rather than HB 129.
4:40:52 PM
CHAIR KAWASAKI left public testimony open on HB 129.
(Timestamp)
CHAIR KAWASAKI held HB 129 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 232. Sponsor Statement.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB0232A.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB 232. Sectional Analysis.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB 232 Fiscal Note.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB 232.supporting Documents.1.31.24.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| HB 129 - v.S.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - v.S Sponsor Statement.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - v.S Sectional Analysis.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - Why Does Alaska Have a 106 Voter Regisration Article.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - PILF-best-practices-report-FINAL.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - Voter Registration Slideshow Presentation.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| LWVAK supports SB 232 (1) (1).pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| Division of Elections - Senate State Affairs Presentation - 03.05.24.pdf |
SSTA 3/5/2024 3:30:00 PM |
Div of election report Division of Elections Overview |
| HB 129 revised fiscal note.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| Voter Pre-reg SB 232 LOS.docx.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| HB 129_ Voter Registration.docx.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| SB 246 Sectional Analysis v. S.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 246 |
| SB 246 Sponsor Statement v. S.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 246 |
| SB 246 v. S.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 246 |