Legislature(2021 - 2022)BUTROVICH 205
02/03/2022 03:30 PM Senate STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| SB156 | |
| SB142 | |
| HB148 | |
| SB167 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | SB 156 | TELECONFERENCED | |
| *+ | SB 142 | TELECONFERENCED | |
| *+ | HB 148 | TELECONFERENCED | |
| += | SB 167 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
SB 142-SOVEREIGNTY OF STATE ELECTIONS
4:10:46 PM
CHAIR SHOWER announced the consideration of SENATE BILL NO. 142
"An Act relating to the sovereignty of state elections."
Speaking as sponsor, Senator Shower introduced SB 142
paraphrasing the following sponsor statement:
[Original punctuation provided.]
Congress passed HR 1 in the House but the Senate did
not have the votes to break a filibuster. It remains
stalled, for now. HR 1 federalizes state elections and
foists constitutionally questionable federal mandates
upon the states, overriding long honored state
election procedures.
Congress has the constitutional authority to manage
certain aspects of federal elections. Article 1 Sec 4:
"The times, places and manner of holding elections for
senators and representatives, shall be prescribed in
each state by the legislature thereof; but the
Congress may at any time by law make or alter such
regulations, except as to the places of choosing
senators."
The relationship between states and the federal
government has been long and cooperative. States need
their federal representatives elected and have the
staff, voting system and voter rolls of who is a
resident and further prescribes what qualifies a
voter. In return, the feds enjoy utilizing the low
maintenance state election system to elect our federal
congressional members.
4:12:58 PM
Today many states, including Alaska, are working to
restore confidence in the election system. The last 5
years have shaken the confidence of many Americans in
our election process across the political spectrum. In
a gross overreach, the federal government is
attempting to foist a "one size fits all" approach
with HR1 by mandating federal policy nationwide versus
the long-standing practice of letting states set
policy and manage their own elections. We've heard
fake cries of "putting people in chains" and "Jim
Crow" type election laws from the highest levels of
government, including the president and members of
congress. Divisive and virtue signaling language from
elected officials does not help solve Americans shaken
confidence in our election system. We are asked for ID
to "prove" who we are in nearly every aspect of our
lives. Asking a voter to prove they are a United
States Citizen, resident of a state, or to positively
identify themselves is prudent and reasonable.
Verifying a person's identity and eligibility to vote
is sound policy, it's why we're asked for ID for
nearly anything we do today of any significance.
Voting is one of the most sacred and important actions
we take as citizens. Who we elect and what those
officials do affects us at every level of our lives. A
Congressional policy of not showing identification to
vote is a clear and present danger for our Republic.
4:14:13 PM
We believe because the state legislatures formerly
gave up the power to choose our own senators, the
states are justified with the fight to retain strong
control of how they are elected by the people. The
17th Amendment repealed this provision of the
constitution and afterward the states prescribed the
procedures of the people, not the legislatures,
electing their Senators to represent them.
If the Federal Government nationalizes the election
system, undermining the long tradition of mutual
cooperation, or worse, the sovereign rights of a state
to manage its internal election affairs, then Alaska
should simply tell the federal government to run their
own election, bifurcating the election process.
Doing so will require the federal government to create
its own exhaustive system of voter rolls, voter
qualifications, tabulators, reporting, counting,
recruiting and training volunteers, and a myriad of
other details which are expensive and difficult to
manage without the state's cooperation. In short,
Congress should think long and hard about the
unintended consequences of mandating federalization of
elections upon sovereign states and should be reminded
it was the states who originally delegated their
powers to the United States. (Tenth Amendment). This
bill rescinds a portion of that delegated authority.
4:15:16 PM
CHAIR SHOWER stated that those who tout HR 1 may not feel the
same way when the other party has the presidency, and both
bodies of Congress. He stated his preference to maintain the
federated system because one size fits all is not the best way
to govern. The Founding Fathers recognized this. SB 142 is about
protecting states' rights, up to and including bifurcating the
election system if necessary.
4:17:07 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 142 that read as follow:
[Original punctuation provided.]
Sec 1. AS 15.80.001 adds a new section that authorizes
the Division of Election Director to determine when a
federal election law is inconsistent with a provision
of our elections and regulations, it requires the
division to stop administering federal elections, but
allows them to carry on with state office elections.
Furthermore, Sec 1 bans an agency, employee or agent
of the state or a municipality from expending funds
for aforementioned activity.
Additionally, Sec 1 lets the federal government
administer its own elections.
4:17:59 PM
SENATOR COSTELLO noted the zero fiscal note and asked if
Alaskans would be able to vote for the president and federal
offices if this bill were to pass.
MR. OGAN said the federal government is not prepared to conduct
an election but would have to figure out a way to accomplish
that formidable task.
CHAIR SHOWER offered his understanding that it is a requirement
and the federal government would have to organize, pay for, and
conduct federal elections. He opined that it would be
interesting should this go to court.
4:21:44 PM
SENATOR HOLLAND commented that subcontracting elections to the
federal government may be a new revenue source. He asked if any
other states had successfully pursued similar legislation.
CHAIR SHOWER said he would follow up with more information about
successes, but he did know that several other states were
looking at the issue.
SENATOR HOLLAND asked if the Department of Law or Legislative
Legal Services had issued an opinion.
CHAIR SHOWER replied they will be invited to a subsequent
hearing.
4:22:43 PM
CHAIR SHOWER stated that the fiscal note for SB 142 currently is
zero. He read the analysis for OMB Component Number: 21.
This legislation requires the Division of Elections to
cease administering federal elections if the director
determines that the federal government has enacted a
measure relating to voter registration or conduct of
elections that is inconsistent with Alaska State
election laws.
Passage of this legislation will have no financial
impact on the division.
CHAIR SHOWER held SB 142 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB0156 BILL Immun Rights and Objections to C-19 Vax.PDF |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |
| SB 156 Immunization Rights and objections to C-19 vax Sponsor Statement 1.30.22.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |
| SB 156 Immunization Rights and Objection to COVID-19 Sectional 1.29.22.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |
| SB142 sponsor statement.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 142 |
| SB142 Sectional Analysis.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 142 |
| testimony support Kendall.pdf |
SSTA 2/3/2022 3:30:00 PM |
SB 156 |