Legislature(2021 - 2022)ADAMS 519

05/16/2022 01:30 PM House FINANCE

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Recessed to 10 Minutes After Adjournment --
+ SB 72 SEC. SCHOOL CIVICS EDUCATION TELECONFERENCED
Heard & Held
<Bill Hearing Canceled>
+= SB 25 STATE GOV'T FINANCES: WEBSITE TELECONFERENCED
Moved HCS CSSB 25(STA) Out of Committee
<Bill Hearing Canceled>
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HJR 1 CONST AM: PERMANENT FUND; POMV;EARNINGS TELECONFERENCED
Heard & Held
+ HB 66 ELECTIONS, VOTING, BALLOTS TELECONFERENCED
Heard & Held
HOUSE BILL NO. 66                                                                                                             
                                                                                                                                
     "An Act  relating to voting, voter  qualifications, and                                                                    
     voter   registration;   relating  to   poll   watchers;                                                                    
     relating  to absentee  ballots and  questioned ballots;                                                                    
     relating   to   election   worker   compensation;   and                                                                    
     providing for an effective date."                                                                                          
                                                                                                                                
3:50:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHRIS TUCK,  SPONSOR, introduced  HB 66.  He                                                                    
explained  the purpose  of the  bill. He  reported that  the                                                                    
bill  dealt  with  modernizing the  elections,  voting,  and                                                                    
ballot  processes  through  a   series  of  mechanisms  that                                                                    
ensured more  access, security,  transparency, and  faith in                                                                    
the states   election systems. He  elaborated that  the bill                                                                    
originally created  an option for permanent  absentee voting                                                                    
for  individuals  that  plan  to   vote  by  mail  in  every                                                                    
election. In 2020,  due to the COVID  pandemic, 365 thousand                                                                    
Alaskans voted  by mail, which  made it the  most successful                                                                    
election  in  history  with the  highest  number  of  voters                                                                    
participating. He relayed other  provisions from the Sponsor                                                                    
statement:                                                                                                                      
                                                                                                                                
  ? Requiring the Division of Elections to offer a voter                                                                        
       the option to fix a mailed-in absentee ballot if                                                                         
       there are errors.                                                                                                        
                                                                                                                                
     ? Calling for the same early voting locations to be                                                                        
       available during every election.                                                                                         
                                                                                                                                
     ? Clarifying that candidates and groups sponsoring                                                                         
       ballot initiatives can have poll watchers.                                                                               
                                                                                                                                
Representative  Tuck communicated  that HB  66 was  heard in                                                                    
the State  Affairs Committee in  the prior session  with the                                                                    
knowledge that  there were other election  bills in process.                                                                    
He  worked  comprehensively   with  other  legislators,  the                                                                    
Senate, and the Lieutenant  Governors  office to produce the                                                                    
current version  of the bill.  He listed all  the provisions                                                                    
contained  in the  bill: absentee  ballot curing,  permanent                                                                    
absentee   voting,   updating    voters   lists,   voluntary                                                                    
cancelation  of  voter  registration,  ballot  security,  an                                                                    
election  offense hotline,  an  absentee ballot  application                                                                    
process,   signature   verification  program,   watermarking                                                                    
ballots, prepaying postage costs  for absentee ballots, same                                                                    
day voter registration, increased  pay for election workers,                                                                    
election audits, risk limiting  audits, forensic audits, and                                                                    
open source software.                                                                                                           
                                                                                                                                
3:55:13 PM                                                                                                                    
                                                                                                                                
Representative Josephson  acknowledged the great  effort put                                                                    
into crafting the  bill. He asked what was in  the bill that                                                                    
appealed to  both progressives that wanted  to expand voting                                                                    
opportunities and to conservatives  that were concerned with                                                                    
election  security.  Representative  Tuck thought  that  the                                                                    
question was  difficult to answer.  He indicated  that there                                                                    
was no opposition  from outside voter groups  to the current                                                                    
version of  HB 66. He  proposed listing the  provisions that                                                                    
were originally  in SB  39 [Ballot  Custody/Tampering; Voter                                                                    
Reg; Mail] sponsored by Senator  Shower. He interjected that                                                                    
some  provisions in  the  bill were  also  from the  various                                                                    
governors   election  bills.  He   commented  that  all  the                                                                    
election bills had  some sort of ballot  curing. The current                                                                    
legislation included  the best process. He  thought everyone                                                                    
wanted to  see a cure  in ballots and  did not think  it was                                                                    
neither conservative  nor liberal. He interposed  that HB 66                                                                    
and HB  39 included permanent absentee  voting. In addition,                                                                    
the  governors   voting  bills  allowed  voters  to  request                                                                    
absentee ballots  for up to  4 years and were  then required                                                                    
to reapply.  His only concern  with doing it  the governor's                                                                    
way,  was that  someone  might forget  they  had to  reapply                                                                    
after the fourth  year.  He noted that  updating the voter's                                                                    
list came  out of SB 39,  and the governor's bill.  The same                                                                    
applied  to  cleaning  up  the  voter  rolls. The  provision                                                                    
concerning voluntary  cancelation of voter  registration and                                                                    
the election offense hotline was  derived from SB 39 as well                                                                    
as chain  of custody ballot  security. He noted that  in the                                                                    
last municipal election the same  ballot tracking system was                                                                    
successfully  used. Signature  verification provisions  were                                                                    
taken  from  HB  66  and  SB 39.  He  detailed  that  HB  66                                                                    
eliminated  the  second  signature  requirement  and  SB  39                                                                    
employed  signature   verification  machines  used   in  the                                                                    
Anchorage Municipal  election. He pointed out  that absentee                                                                    
ballot applications  provisions mostly resulted from  HB 66,                                                                    
but  a few  were from  the  governors  bill.  He noted  that                                                                    
watermarking ballots was a provision  from SB 39 and prepaid                                                                    
postage costs,  same day  voter registration,  and increased                                                                    
pay  for election  workers statutes  were  contained in  the                                                                    
original  version of  HB 66.  The election  audit provisions                                                                    
were from a combination of  all bills. He clarified that the                                                                    
proper  terminology for  election audits  was risk  limiting                                                                    
audits  and typically  not forensic  audits.  He noted  that                                                                    
forensic examinations  only applied to the  routine forensic                                                                    
examinations of  each precinct tabulator prior  and after an                                                                    
election.  Finally,   the  open  source   software  proposal                                                                    
originated out of the collaborative process.                                                                                    
                                                                                                                                
4:01:22 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter  cited   the  concept  of   ballot                                                                    
harvesting,   when  ballots  were  collected  on  behalf  of                                                                    
voters  and  taken  to  a  drop box  or  polling  place.  He                                                                    
wondered   if  the   issue  was   addressed  in   the  bill.                                                                    
Representative  Tuck  responded  that it  was  not  directly                                                                    
addressed. He  furthered that the ballot  security and chain                                                                    
of custody  provisions closely monitored ballots.  It proved                                                                    
difficult to  determine how  to address it  in the  bill. He                                                                    
deferred further answer to the Division of Elections.                                                                           
                                                                                                                                
Co-Chair Foster noted Ms. Fenumiai was online.                                                                                  
                                                                                                                                
Representative  Tuck   interjected  that  the   bill  placed                                                                    
restrictions  on organizations  sending voters  applications                                                                    
for  absentee ballots  because  voters  were inundated  with                                                                    
applications  during  the  prior mail  in  ballot  election.                                                                    
Representative  Carpenter referred  to the  upcoming special                                                                    
election for  the interim  federal House  of Representatives                                                                    
seat  that  would  be  a  vote by  mail  only  election.  He                                                                    
expressed concern  regarding every voter receiving  a ballot                                                                    
and the potential for ballot  tampering. He wondered how the                                                                    
bill prevented the  situation from occurring. Representative                                                                    
Tuck replied  that the  bill did not  address the  issue. He                                                                    
shared that  the bill was trying  to seek a balance  and did                                                                    
not  address the  more controversial  issues. He  noted that                                                                    
some  wanted all  mail in  elections.  Personally, he  liked                                                                    
being able  to bring his  children to the voting  polls with                                                                    
him. The bill attempted to provide  a sense of safety in the                                                                    
election  cycles  by  adding   the  new  security  measures.                                                                    
Representative  Carpenter  was aware  that  the  bill was  a                                                                    
compromise.  He inquired  what  would  prevent ballots  from                                                                    
being fraudulently  submitted in  a mail in  ballot election                                                                    
where ballots  could be delivered  to drop boxes  or polling                                                                    
places.                                                                                                                         
                                                                                                                                
4:05:18 PM                                                                                                                    
                                                                                                                                
GAIL FENUMIAI,  DIRECTOR, DIVISION  OF ELECTIONS,  OFFICE OF                                                                    
THE  GOVERNOR (via  teleconference), relayed  that currently                                                                    
mail  in  ballots required  an  identifier  and a  witness's                                                                    
signature. The  procedures had  been in  statute for  a long                                                                    
time. She  believed that  they served  a special  and unique                                                                    
purpose  in  deterring  voter   fraud.  The  bill  addressed                                                                    
signature verification for all by  mail elections and was an                                                                    
added layer of  security. She noted that  all mail elections                                                                    
were  only  carried  out under  special  circumstances.  She                                                                    
delineated  that the  upcoming by  mail election  to fulfill                                                                    
the  remainder of  the deceased  Representative Don  Youngs                                                                     
congressional house  seat was done  by mail because  of time                                                                    
constraints for  scheduling an election.  She added  that an                                                                    
all-mail-in ballot  election for a statewide  election was a                                                                    
rare occurrence.                                                                                                                
                                                                                                                                
4:06:35 PM                                                                                                                    
                                                                                                                                
Representative  Carpenter asked  if the  bill would  have to                                                                    
pass  regarding signature  verification  or  whether it  was                                                                    
already  in place.  He was  worried about  signature forging                                                                    
for the  upcoming election and  wondered if  safeguards were                                                                    
in  place.   Ms.  Fenumiai  responded  that   there  was  no                                                                    
signature verification currently  in statute. She reiterated                                                                    
that  what  was  currently  needed from  the  voter  was  to                                                                    
provide  an identifier  and  the ballot  was  signed in  the                                                                    
witness of another  voter. She expounded that  it would take                                                                    
an act  of collusion  to fraudulently  vote in  the upcoming                                                                    
mail  election.  The  identifier  would have  to  match  the                                                                    
identifier  on  the  voter's  record  when  the  ballot  was                                                                    
returned.  Representative  Carpenter  deduced  that  someone                                                                    
committing  fraud  would  only need  the  witness'  personal                                                                    
identifier and  they could forge the  witness' signature. He                                                                    
asked if he  was correct. Ms. Fenumiai  responded, "That was                                                                    
a correct statement."                                                                                                           
                                                                                                                                
4:09:34 PM                                                                                                                    
                                                                                                                                
Representative  Josephson asked  if the  bill would  be well                                                                    
received in  the other  body. Representative  Tuck responded                                                                    
in the  affirmative. He  noted that  the current  version of                                                                    
the  bill was  mostly identical  to the  Senate version.  He                                                                    
guessed that concurrence by both bodies was likely.                                                                             
                                                                                                                                
Representative Carpenter asked  Representative Tuck to point                                                                    
out   the   section    regarding   signature   verification.                                                                    
Representative Tuck  deferred the  answer to  the Department                                                                    
of Law.                                                                                                                         
                                                                                                                                
4:11:27 PM                                                                                                                    
                                                                                                                                
THOMAS FLYNN,  ASSISTANT ATTORNEY GENERAL DEPARTMENT  OF LAW                                                                    
(via  teleconference),   noted  that  the   provisions  were                                                                    
contained in Section 44 and in Section 46.                                                                                      
                                                                                                                                
Representative  Tuck appreciated  the  consideration of  the                                                                    
bill. He had been involved  with election revisions over the                                                                    
years. He noted the good effort among all contributors.                                                                         
                                                                                                                                
Co-Chair  Foster   indicated  he  would  be   recessing  the                                                                    
meeting.                                                                                                                        
                                                                                                                                
                                                                                                                                
4:13:49 PM                                                                                                                    
AT EASE                                                                                                                         
                                                                                                                                
6:16:56 PM                                                                                                                    
RECONVENED                                                                                                                      
                                                                                                                                
Co-Chair  Foster reported  there was  one item  left on  the                                                                    
agenda.