Legislature(2021 - 2022)GRUENBERG 120

04/14/2021 01:00 PM House JUDICIARY

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Audio Topic
01:06:47 PM Start
01:07:26 PM Confirmation Hearings(s): Public Defender
01:51:15 PM HB66
02:32:46 PM HB116
02:37:22 PM HB66
02:59:48 PM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Consideration of Governor's Appointees: TELECONFERENCED
- Public Defender: Samantha Cherot
-- Public Testimony --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 116 JUVENILES: JUSTICE,FACILITES,TREATMENT TELECONFERENCED
Heard & Held
+= HB 66 ELECTIONS, VOTING, BALLOTS TELECONFERENCED
Heard & Held
                                                                                                                                
               HB  66-ELECTIONS, VOTING, BALLOTS                                                                            
                                                                                                                                
1:51:15 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced  that the next order of  business would be                                                               
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."                                                                                                                
                                                                                                                                
CHAIR  CLAMAN announced  that the  committee  would hear  invited                                                               
testimony.                                                                                                                      
                                                                                                                                
1:52:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA   asked  what  process  exists   to  verify                                                               
citizenship of an individual registering to vote.                                                                               
                                                                                                                                
1:54:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CHRIS TUCK,  Alaska State  Legislature, as  prime                                                               
sponsor  of  HB 66,  answered  that  the Electronic  Registration                                                               
Information  Center (ERIC)  is used  to verify  voter information                                                               
via  data  matching involving  voter  records  and eligible,  but                                                               
unregistered, citizens.   He added  that, should  an individual's                                                               
information not  be able  to be  confirmed, then  that individual                                                               
would not be eligible to vote.                                                                                                  
                                                                                                                                
1:55:05 PM                                                                                                                    
                                                                                                                                
GAIL  FENUMIAI, Director,  Division of  Elections, Office  of the                                                               
Lieutenant Governor, answered  Representative Kurka's question by                                                               
adding that  voters sign registration documents  under penalty of                                                               
perjury  to certify  that the  information that  they provide  is                                                               
true  and  correct.    She  said that  there  does  not  exist  a                                                               
verification  of an  individual's United  States citizenship  but                                                               
that, through  the permanent fund dividend  (PFD) automatic voter                                                               
registration process,  the Division  of Elections obtains  a list                                                               
on an  annual basis  of applicants who  have indicated  that they                                                               
are not  a U.  S. citizen that  is matched with  the data  in the                                                               
voter information  system.  Should  such a non-citizen  appear on                                                               
voter registration rolls, his/her  registration is cancelled, and                                                               
he/she  is  notified  of  the requirement  to  provide  proof  of                                                               
citizenship to  reactivate the record.   She further  stated that                                                               
the  division  periodically  receives  information  from  federal                                                               
courts of Alaska on jurors who  have indicated to the courts that                                                               
they  are  not a  U.  S.  citizen and  are  subject  to the  same                                                               
cancellation and notification process.                                                                                          
                                                                                                                                
1:56:39 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK referred  to page  2 of  HB 66  that retains                                                               
existing  statutory language  that  requires  information that  a                                                               
voter shall  supply to  request voter  registration.   He further                                                               
added  that  in  Section  2,  on  page  2,  line  7,  requires  a                                                               
declaration  that  the  applicant  is a  citizen  of  the  United                                                               
States.    He  deferred  to  the division  to  elaborate  on  the                                                               
subsequent verification process.                                                                                                
                                                                                                                                
1:57:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN asked  what  verification process  exists                                                               
within   the  Permanent   Fund   Dividend   Division  to   ensure                                                               
citizenship when it is claimed on a PFD application.                                                                            
                                                                                                                                
MS. FENUMIAI  advised that the  Department of  Revenue, Permanent                                                               
Fund  Dividend Division  should  answer Representative  Eastman's                                                               
question.                                                                                                                       
                                                                                                                                
REPRESENTATIVE  EASTMAN  asked  whether  citizenship  information                                                               
that the division receives from the courts has been verified.                                                                   
                                                                                                                                
MS.  FENUMIAI recommended  that  the court  system should  answer                                                               
Representative Eastman's question.                                                                                              
                                                                                                                                
REPRESENTATIVE  EASTMAN   recalled  prior   testimony  discussing                                                               
signature   verification  in   other  states,   and  asked   what                                                               
procedures exist in Alaska to verify signatures on ballots.                                                                     
                                                                                                                                
MS.  FENUMIAI  answered that  no  statutory  authority exists  to                                                               
conduct signature verification.   She added that, to  the best of                                                               
her knowledge,  the only signature verification  procedure exists                                                               
in the Municipality of Anchorage's vote by mail system.                                                                         
                                                                                                                                
1:59:22 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked,  regarding  electronic  signatures,                                                               
what  would be  different  when compared  to  how signatures  are                                                               
currently used.   She  asked whether  the division  has a  way to                                                               
accept electronic signatures currently.                                                                                         
                                                                                                                                
MS. FENUMIAI  answered that  the Division  of Elections  does not                                                               
have a way to accept  electronic signatures and would be required                                                               
to investigate  the implementation of electronic  signatures as a                                                               
new process.                                                                                                                    
                                                                                                                                
2:00:44 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK, in  response  to the  line of  questioning,                                                               
said that  34 states plus  the District of Columbia  offer online                                                               
[voter]   registration,  and   the  usual   initial  verification                                                               
procedures involve  signatures of  prospective voters  already on                                                               
record, such as  those at divisions of motor vehicles.   Should a                                                               
signature not match the one on  file, further review or action is                                                               
taken.   He  added that  the  State of  Arizona innovated  online                                                               
voter  registration  in 2002.    He  offered  to follow  up  with                                                               
information regarding  additional signature  verification reviews                                                               
or actions that exist in  other states after the initial matching                                                               
verification.                                                                                                                   
                                                                                                                                
2:01:46 PM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI   offered  that  there   exists  an   online  voter                                                               
registration process  in Alaska in  which a prospective  voter is                                                               
required to  have a state  issued identification.   The signature                                                               
on file  with the Division  of Motor  Vehicles (DMV) is  used for                                                               
initial verification.                                                                                                           
                                                                                                                                
2:02:13 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked whether MyAlaska  online would provide a means                                                               
for voters to register online.                                                                                                  
                                                                                                                                
MS. FENUMIAI  answered that  MyAlaska is  a separate  system, and                                                               
the two systems would be required to be merged.                                                                                 
                                                                                                                                
CHAIR CLAMAN asked  to confirm that a voter would  not be able to                                                               
register  through MyAlaska  but  could register  through the  PFD                                                               
application process.                                                                                                            
                                                                                                                                
MS. FENUMIAI confirmed this as correct.                                                                                         
                                                                                                                                
2:02:58 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  whether the  signature on  file with                                                               
the  Division of  Motor Vehicles  (DMV) could  be used  to verify                                                               
online voter registration.                                                                                                      
                                                                                                                                
MS. FENUMIAI  answered by clarifying  that the signature  on file                                                               
at  DMV is  not an  electronic signature  but is  rather a  "wet"                                                               
signature of  which the  Division of  Elections receives  a copy.                                                               
She added  her understanding that  an electronic  signature could                                                               
be  similar  to   the  online  signature  process   for  the  PFD                                                               
application.                                                                                                                    
                                                                                                                                
2:03:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked the  bill  sponsor  what the  fiscal                                                               
impact  of implementation  of  electronic  signatures [for  voter                                                               
registration in Alaska]  would be based on his  research of other                                                               
states' implementations of electronic signatures.                                                                               
                                                                                                                                
REPRESENTATIVE  TUCK   asked  Representative  Vance   to  clarify                                                               
whether she  was asking what  the cost would  be to the  State to                                                               
implement electronic signatures.                                                                                                
                                                                                                                                
REPRESENTATIVE VANCE  answered yes, and she  requested a ballpark                                                               
estimate for hardware and software that may be required.                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK   suggested  that  MyAlaska  exists   as  an                                                               
electronic signature platform to  allow the Division of Elections                                                               
to   make  online   voter   registration,  including   electronic                                                               
signatures,  available  and he  suggested  that  the agency  that                                                               
controls MyAlaska be consulted.                                                                                                 
                                                                                                                                
2:05:52 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN  asked whether additional  fiscal notes  existed for                                                               
HB 66; he opined that additional costs would likely be required.                                                                
                                                                                                                                
2:06:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE added that  the fiscal note [HB66-OOG-DOE-4-                                                               
9-21, included in  the committee packet] was  indeterminate.  She                                                               
asked  what the  anticipated  fiscal impact  would  be of  84,000                                                               
postage paid return envelopes.                                                                                                  
                                                                                                                                
MS.  FENUMIAI  answered  that  ballots   are  oversized  and  are                                                               
estimated to cost 70 cents to  return, with the caveat that costs                                                               
could increase.                                                                                                                 
                                                                                                                                
REPRESENTATIVE  VANCE asked  whether the  post office  provides a                                                               
date of mailing for postage paid return envelopes.                                                                              
                                                                                                                                
MS.  FENUMIAI  answered  that  she is  uncertain  of  the  postal                                                               
process  but did  offer her  understanding that,  if a  ballot is                                                               
brought to  a postal window and  an individual requests it  to be                                                               
"hand cancelled" then a date would be stamped on the envelope.                                                                  
                                                                                                                                
2:09:11 PM                                                                                                                    
                                                                                                                                
Paddy McGuire,  Mason County  Auditor, answered  questions during                                                               
the hearing  on HB 66.   He stated  that the State  of Washington                                                               
has offered prepaid  postage on return envelopes since  2018.  He                                                               
stated  that, normally,  business reply  mail is  not postmarked;                                                               
however, his  office works  closely with  the postmaster,  and it                                                               
receives an approximate 98 percent postmark rate on ballots.                                                                    
                                                                                                                                
2:10:02 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE  asked  whether  there was  a  contract  or                                                               
informal  request  to  the  postmaster  to  obtain  postmarks  on                                                               
ballots.                                                                                                                        
                                                                                                                                
MR.  MCGUIRE  stated that  his  office  works very  closely  with                                                               
postal officials during  election season, often daily.   He added                                                               
that demand  for postal mail  has been declining and  opined that                                                               
the post office officials welcome the business.                                                                                 
                                                                                                                                
2:11:23 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  offered  that   she  had  requested  an                                                               
absentee  ballot  and  had  been offered  the  option  to  select                                                               
absentee  ballot  for  the  primary  only,  or  the  primary  and                                                               
General,  Elections.   She  further added  that  the Division  of                                                               
Elections website offered the option  for her to grant permission                                                               
to the division  to compare her signature with that  on file with                                                               
the DMV.   She  explained that  the website  provided information                                                               
such  as when  the ballot  had been  mailed to  her and  when the                                                               
division  had  received  her  ballot.   She  suggested  this  was                                                               
evidence  that many  of the  systems are  in place  to allow  for                                                               
signature verification.                                                                                                         
                                                                                                                                
2:13:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  referred to page 5,  [Section 10] regarding                                                               
the  appointment and  privilege  of watchers  and  asked why  the                                                               
language, as follows, had been deleted:                                                                                         
                                                                                                                                
     [A  WATCHER  MUST  BE  A  UNITED  STATES  CITIZEN.  THE                                                                    
     WATCHER MAY BE  PRESENT AT A POSITION  INSIDE THE PLACE                                                                    
     OF VOTING OR  COUNTING THAT AFFORDS A FULL  VIEW OF ALL                                                                    
     ACTION OF  THE ELECTION  OFFICIALS TAKEN FROM  THE TIME                                                                    
     THE  POLLS ARE  OPENED  UNTIL THE  BALLOTS ARE  FINALLY                                                                    
     COUNTED  AND  THE  RESULTS CERTIFIED  BY  THE  ELECTION                                                                    
     BOARD  OR   THE  DATA  PROCESSING  REVIEW   BOARD.  THE                                                                    
     ELECTION BOARD OR THE DATA  PROCESSING REVIEW BOARD MAY                                                                    
     REQUIRE EACH  WATCHER TO PRESENT WRITTEN  PROOF SHOWING                                                                    
     APPOINTMENT BY THE PRECINCT  PARTY COMMITTEE, THE PARTY                                                                    
     DISTRICT  COMMITTEE,  THE   ORGANIZATION  OR  ORGANIZED                                                                    
     GROUP, OR THE CANDIDATE THE WATCHER REPRESENTS.]                                                                           
                                                                                                                                
2:14:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK referred  to language in Section  11, on page                                                               
6, line 16,  which he described as "cleaner"  and still inclusive                                                               
of the citizenship requirement.                                                                                                 
                                                                                                                                
2:15:19 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE referred  to  page 6,  line  1 which  would                                                               
provide for  one or "more" watchers  and asked the intent  of the                                                               
sponsor to  include this  language and  what complexities  it may                                                               
present.                                                                                                                        
                                                                                                                                
REPRESENTATIVE TUCK  answered that  the language would  allow for                                                               
"more eyes"  and the potential  for alternates to  participate in                                                               
watching, and the intent was not to crowd the area.                                                                             
                                                                                                                                
REPRESENTATIVE  VANCE asked  what discretion  the division  would                                                               
have  to  limit   watchers  due  to  space   concerns  or  social                                                               
distancing concerns  as occurred during the  2020 election [under                                                               
COVID-19].                                                                                                                      
                                                                                                                                
2:17:31 PM                                                                                                                    
                                                                                                                                
MS.  FENUMIAI answered  that  it was  her  interpretation of  the                                                               
proposed  language   to  mean  that   the  division   would  have                                                               
discretion to allow  one or more watchers based on  space and how                                                               
many watchers requested to be present.                                                                                          
                                                                                                                                
2:17:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  whether  candidates  or parties  had                                                               
expressed any  consternation regarding the  division's discretion                                                               
made  necessary [during  the 2020  election] and  asked if  there                                                               
could be a potential for lawsuit.                                                                                               
                                                                                                                                
MS. FENUMIAI stated that, due  to COVID-19, the division had made                                                               
significant changes to the numbers  [of watchers] unlike previous                                                               
years.  She  referred to Mr. Flynn to speak  to the potential for                                                               
legal issues.                                                                                                                   
                                                                                                                                
2:18:50 PM                                                                                                                    
                                                                                                                                
THOMAS  FLYNN,  Assistant  Attorney   General,  Labor  and  State                                                               
Affairs  Section, Civil  Division (Anchorage),Department  of Law,                                                               
stated that  he was not aware  of any legal issues  regarding the                                                               
number of watchers [during the 2020 election].                                                                                  
                                                                                                                                
2:19:05 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  VANCE asked  whether a  party or  candidate might                                                               
request  more  watchers  that  the division  could  deny  at  its                                                               
discretion could lead to legal repercussions.                                                                                   
                                                                                                                                
MR. FLYNN answered that his  interpretation of the language being                                                               
discussed is that the number  of watchers would be open-ended and                                                               
that he  would need to  conduct further research within  Title 15                                                               
to confirm any  limits that may exist or  any division discretion                                                               
which may exist in the proposed legislation.                                                                                    
                                                                                                                                
2:19:58 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  offered a  scenario  in  which a  candidate  would                                                               
appoint five  poll watchers  and the  discretion of  the division                                                               
could be to allow only one  of those five appointees at any given                                                               
time to watch.  He stated  his opinion that the proposed language                                                               
did  not require  the division  to allow  all appointed  watchers                                                               
present  at  any  given  time.   He  asked  whether  Mr.  Flynn's                                                               
interpretation  of  the  proposed   language  would  require  the                                                               
division to allow all watchers present at any given time.                                                                       
                                                                                                                                
2:20:45 PM                                                                                                                    
                                                                                                                                
MR.  FLYNN  opined  that  Chair Claman's  scenario  is  likely  a                                                               
correct  interpretation of  how  the proposed  language would  be                                                               
enacted.                                                                                                                        
                                                                                                                                
2:21:04 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE recalled that  there had been national media                                                               
attention on poll watchers related  to the 2020 election and that                                                               
the proposed  language would allow  for in excess of  five topics                                                               
in any  given election, and  that each  topic could allow  for an                                                               
unlimited number  of watchers.   She  questioned the  prudence of                                                               
the  proposed language  regarding what  the division  could allow                                                               
when balancing the public interest for transparency.                                                                            
                                                                                                                                
MR. FLYNN opined  that the question of prudence is  one of policy                                                               
rather than a legal one.                                                                                                        
                                                                                                                                
REPRESENTATIVE  TUCK  offered that  the  intent  of the  proposed                                                               
language  is  that  of  fairness for  all  topics  or  candidates                                                               
involved in an election.                                                                                                        
                                                                                                                                
2:23:59 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE DRUMMOND noted that  the Municipality of Anchorage                                                               
offers livestreams of ballot counting.                                                                                          
                                                                                                                                
CHAIR  CLAMAN asked  whether there  existed  anything that  would                                                               
prevent a video [stream] of ballot counting.                                                                                    
                                                                                                                                
2:24:35 PM                                                                                                                    
                                                                                                                                
MS. FENUMIAI offered her understanding  that there does not exist                                                               
any legal  barriers to livestreaming  ballot counting,  only that                                                               
there might exist financial considerations.                                                                                     
                                                                                                                                
2:24:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   KURKA  expressed   his  support   for  increased                                                               
transparency  of   elections  by  including  poll   watchers  and                                                               
allowing video  coverage of  ballot counting.   He  asked whether                                                               
parties  could have  observers at  any  election or  only one  in                                                               
which they have an interest in an item appearing on the ballot.                                                                 
                                                                                                                                
2:26:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK stated  that only  people associated  with a                                                               
specific ballot  item would be  permitted to observe,  and stated                                                               
that the language in Section 10, on  page 6, lines 2 and 3 codify                                                               
this,  reading:    "An  organization   or  organized  group  that                                                               
sponsors or opposes  a ballot proposition or recall  may have one                                                               
or more watchers at the polls."                                                                                                 
                                                                                                                                
2:27:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA  asked whether the sponsor  would welcome an                                                               
amendment that would  codify existing policy in  statute to allow                                                               
observers at each counting table.                                                                                               
                                                                                                                                
2:29:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK  welcomed a  discussion to arrive  at prudent                                                               
language  that reflects  current practices.   He  added that  the                                                               
intent of  the language  was to allow  for individuals  to become                                                               
pre-authorized to observe at the polls.                                                                                         
                                                                                                                                
2:29:48 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  SNYDER  stated  that she  had  direct  experience                                                               
during  her  own race  recount  and  complimented the  division's                                                               
handling of  the process  and observers.   She asked  whether Ms.                                                               
Fenumiai had  any additional information regarding  poll watchers                                                               
and the  use of space that  she wished to bring  to the attention                                                               
of the committee.                                                                                                               
                                                                                                                                
MS. FENUMIAI  stated that, in  a non-pandemic year,  the division                                                               
is  liberal  in the  number  of  observers allowed  and  recalled                                                               
occasions  in which  20 or  more people  were in  the room.   She                                                               
stated  that it  was  the intent  of the  division  to allow  for                                                               
transparency.  She stated that,  under COVID-19, the division had                                                               
worked with  parties to  arrive at  a solution  to allow  for the                                                               
most transparent observation to occur.                                                                                          
                                                                                                                                
2:31:49 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE TUCK shared  with the committee that  the State of                                                               
Arizona's costs  to transition from paper  registration to online                                                               
registration  had  decreased  from  83   cents  to  3  cents  per                                                               
registration.                                                                                                                   
                                                                                                                                
                HB  66-ELECTIONS, VOTING, BALLOTS                                                                           
                                                                                                                                
2:37:22 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN announced that the  final order of business would be                                                               
to resume discussion  of HB 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."                                                                                                                
                                                                                                                                
2:38:31 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 2:38 p.m. to 2:40 p.m.                                                                       
                                                                                                                                
2:40:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  DRUMMOND  asked  Ms.  Fenumiai  to  describe  the                                                               
ballot counting  observation process for the  2020 election under                                                               
COVID-19.                                                                                                                       
                                                                                                                                
MS. FENUMIAI explained that the  division worked with parties and                                                               
candidates  to provide  names of  the observers  and allowed  one                                                               
person at a time due  to social distancing requirements, and that                                                               
all involved worked cooperatively.                                                                                              
                                                                                                                                
2:41:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  asked   what  requirements   exist  for                                                               
observers and  asked what "meaningful  observation" means  to the                                                               
department.                                                                                                                     
                                                                                                                                
MS. FENUMIAI explained that observers  would be present in a room                                                               
to observe  the review of  absentee and question ballots  and are                                                               
able to make challenges and  ask questions as appropriate to such                                                               
ballots.   She  further explained  that observers  are also  in a                                                               
room to witness the counting of ballots.                                                                                        
                                                                                                                                
REPRESENTATIVE EASTMAN asked to  what information an observer may                                                               
demand access.                                                                                                                  
                                                                                                                                
MS. FENUMIAI  answered that observers  have a list of  voters for                                                               
the district  being reviewed at  a certain table and  may compare                                                               
the information  on the envelope  to the information  that exists                                                               
on record, and they may challenge any discrepancy.                                                                              
                                                                                                                                
2:44:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  referred to page 4  of HB 66 and  asked how                                                               
the division  would handle a  special needs,  in-person absentee,                                                               
or question ballot  if the individual had  registered on election                                                               
day  or  within  the  30-day registration  window  prior  to  the                                                               
election.                                                                                                                       
                                                                                                                                
MS. FENUMIAI replied  that all those ballots would  be handled in                                                               
the same  manner as  question ballots and  the process  would not                                                               
change [based on when a voter registered].                                                                                      
                                                                                                                                
REPRESENTATIVE  VANCE  asked  whether  a  voter  is  notified  if                                                               
his/her ballot is disqualified and not counted.                                                                                 
                                                                                                                                
MS.  FENUMIAI answered  that, under  state law,  the division  is                                                               
required to notify  a voter via letter if all  or part of his/her                                                               
ballot is not counted.                                                                                                          
                                                                                                                                
2:46:44 PM                                                                                                                    
                                                                                                                                
CHAIR CLAMAN asked  whether a voter is notified in  the case that                                                               
a ballot  is challenged, or whether  a voter is notified  only if                                                               
his/her ballot is not counted.                                                                                                  
                                                                                                                                
MS.  FENUMIAI answered  that  voters are  not  notified if  their                                                               
ballots are challenged  at the review board level,  only if their                                                               
ballots are not counted.                                                                                                        
                                                                                                                                
2:47:28 PM                                                                                                                    
                                                                                                                                
MIKE  MASON,  Staff,  Representative  Chris  Tuck,  Alaska  State                                                               
Legislature,  on  behalf  of  Representative  Chris  Tuck,  prime                                                               
sponsor  of HB  66, added  that the  notification process  occurs                                                               
after  the election  is certified,  and the  proposed bill  would                                                               
allow for curing of errors.                                                                                                     
                                                                                                                                
REPRESENTATIVE  VANCE  asked  where  the  provisions  for  ballot                                                               
curing appear under HB 66.                                                                                                      
                                                                                                                                
MR.  MASON stated  that the  language appears  in Section  30, on                                                               
page 14.   He suggested that  Mr. McGuire may be  able to explain                                                               
how other jurisdictions handle ballot curing.                                                                                   
                                                                                                                                
2:48:25 PM                                                                                                                    
                                                                                                                                
MR.  MCGUIRE explained  the State  of Washington's  ballot curing                                                               
process is  initiated when  an issue arises  such as  an unsigned                                                               
ballot  or signature  verifiers find  that a  signature does  not                                                               
match, at  which point a letter  is sent with a  prepaid postcard                                                               
that  a  voter  may  return   to  cure  the  issue  with  his/her                                                               
signature.   He  added that  signatures do  change over  time and                                                               
that the voter record is  updated with the new signature obtained                                                               
in the curing  process.  He explained  that information regarding                                                               
missing  or unmatched  signatures  may be  shared with  political                                                               
campaigns, which campaigners  may use to follow  up directly with                                                               
voters.                                                                                                                         
                                                                                                                                
2:50:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE  stated that  her district  constituents had                                                               
expressed  their  desire  to  address  voting  in  Alaska.    She                                                               
referred  to Section  30,  on  page 14,  regarding  the curing  a                                                               
rejected  absentee   ballot,  and  she  asked   in  reference  to                                                               
paragraph  (a),  "Not later  than  the  completion of  the  state                                                               
ballot counting  review", and (c), "Cured  absentee ballots shall                                                               
be forwarded immediately to the  director by the most expeditious                                                               
service", whether  there would be  a date certain by  which those                                                               
should be postmarked in order to be counted.                                                                                    
                                                                                                                                
MS. FENUMIAI  answered that there  does not exist a  date certain                                                               
by which  the review board  shall complete  its work.   She added                                                               
that there  exist other legal  deadlines such as the  board being                                                               
required to  complete its work  prior to  the swearing in  of the                                                               
governor elect.                                                                                                                 
                                                                                                                                
2:51:29 PM                                                                                                                    
                                                                                                                                
MR.  MASON  added that,  during  the  drafting  of HB  66,  dates                                                               
certain  had been  sought and  it had  been determined  that each                                                               
election varied, and no deadline  for the curing process had been                                                               
set, and it would occur when the review board meets.                                                                            
                                                                                                                                
2:51:54 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE VANCE expressed  her concern that in  a very close                                                               
race the absence of a date  certain for ballot curing could leave                                                               
the state open to lawsuit.                                                                                                      
                                                                                                                                
2:53:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  TUCK referred  to Section  31, "The  state review                                                               
board  shall   review  and  count   absentee  ballots   under  AS                                                               
15.20.081(e) and  (h), absentee  ballots properly cured  under AS                                                               
15.20.204,"  that  compels  the   state  review  board  to  count                                                               
ballots; however, the  review board is not subject  to a deadline                                                               
specific to  counting ballots.   He  suggested that  the division                                                               
would  require ballots  to be  postmarked by  a certain  date and                                                               
further  research   would  be  necessary  to   determine  when  a                                                               
postmarked ballot must be received.                                                                                             
                                                                                                                                
2:55:03 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE SNYDER stated her concern  would be to ensure that                                                               
outstanding ballots are not left outstanding indefinitely.                                                                      
                                                                                                                                
2:55:21 PM                                                                                                                    
                                                                                                                                
MR.  MCGUIRE  stated that,  in  the  State of  Washington,  cured                                                               
ballots  must be  received the  day before  certification of  the                                                               
election.   He  further stated  that the  deadline is  associated                                                               
with a postmark; however, it  is necessary to require a received-                                                               
by date.                                                                                                                        
                                                                                                                                
2:55:48 PM                                                                                                                    
                                                                                                                                
CHAIR  CLAMAN  postulated  that  the  ballot  curing  process  to                                                               
correct a  mistake on a ballot  should not be subject  to slow or                                                               
tardy  response by  the voter,  and  that an  amendment could  be                                                               
brought to  provide for a  deadline by which cured  ballots shall                                                               
be received.                                                                                                                    
                                                                                                                                
2:56:27 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA  recalled earlier testimony by  Ms. Fenumiai                                                               
that  there  would be  no  change  to  the process  for  counting                                                               
absentee and question ballots under  Section 4 and questioned the                                                               
validity that  no change would  occur to the  process considering                                                               
that there would  be a change to the  voter registration process,                                                               
should HB 66 pass.                                                                                                              
                                                                                                                                
MS FENUMIAI explained that the  current process allows for voters                                                               
to attempt to vote on question  ballots and that no change to the                                                               
process would be necessary.                                                                                                     
                                                                                                                                
2:58:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  KURKA  asked  whether   the  process  applies  to                                                               
federal elections or all state elections.                                                                                       
                                                                                                                                
MS. FENUMIAI  explained that,  in all  elections, should  a voter                                                               
who is already registered and  voted in a different district, and                                                               
the voter  put another address  on the question  ballot affidavit                                                               
envelope,   that   information   is  entered   into   the   voter                                                               
registration system, and a determination as to whether the                                                                      
ballot should be counted is made.                                                                                               
                                                                                                                                
2:58:45 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE KURKA asked whether the state voter registration                                                                 
system is updated on a daily basis.                                                                                             
                                                                                                                                
MS. FENUMIAI answered that the system is updated on a real time                                                                 
basis and, in some cases, minute by minute.                                                                                     
                                                                                                                                
[HB66 was held over.]                                                                                                           

Document Name Date/Time Subjects
Public Defender Appointment - Samantha Cherot Resume 4.14.2021.pdf HJUD 4/14/2021 1:00:00 PM
Public Defender Appointment - Samantha Cherot Letter of Support 4.9.2021.pdf HJUD 4/14/2021 1:00:00 PM
HB 66 v. B 2.18.2021.PDF HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 66 Sponsor Statement v. B 4.12.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 66 Sectional Analysis v. B 4.12.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 66 Additional Document - Alaska 2020 Ballot Statistics 4.12.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 66 Additional Document - National Vote at Home Institute 2020 Review 4.12.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 66 Additional Document - Sightline Institute Absentee Voting Article 12.15.2020.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 66 Supporting Document - Letters Received as of 4.8.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 66 Supporting Document - Testimony Received as of 4.12.2021.pdf HJUD 4/14/2021 1:00:00 PM
HB 66
HB 66 Opposing Document - Testimony Received as of 4.12.2021.pdf HJUD 4/14/2021 1:00:00 PM
HB 66
HB 66 Fiscal Note OOG-DOE 4.9.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/19/2021 1:00:00 PM
HB 66
HB 116 v. A 2.24.2021.PDF HHSS 4/29/2021 3:00:00 PM
HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 116 Sponsor Statement v. A 4.12.2021.pdf HHSS 4/29/2021 3:00:00 PM
HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 116 Sectional Analysis v. A 4.12.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 116 Supporting Document - FAQs 4.12.2021.pdf HHSS 4/29/2021 3:00:00 PM
HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 116 Supporting Document - Carey Acquittal 2017 4.12.2021.pdf HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 116 Supporting Document - Temporary Secure Juvenile Holding Areas 4.12.2021.pdf HHSS 4/29/2021 3:00:00 PM
HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 116 Supporting Document - DJJ Letter 4.9.2021.pdf HHSS 4/29/2021 3:00:00 PM
HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 116 PowerPoint Presentation 4.12.2021.pdf HHSS 4/29/2021 3:00:00 PM
HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HB 116
HB 116 Fiscal Note DHSS-PS 4.9.2021.pdf HHSS 4/29/2021 3:00:00 PM
HJUD 4/12/2021 1:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 116
HB 105 v. B (Distributed by HJUD Committee) 3.12.2021.PDF HHSS 4/15/2021 3:00:00 PM
HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HB 105
HB 116 Additional Document - DHSS Comparison Memo for HB 116 and HB 105 (SB 91) 4.14.2021.pdf HHSS 4/29/2021 3:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 105
HB 116
SB 91
HB 116 Additional Document - DHSS Comparison of HB 116 and HB 105 (SB 91) with Notes 4.14.2021.pdf HHSS 4/27/2021 3:00:00 PM
HHSS 4/29/2021 3:00:00 PM
HJUD 4/14/2021 1:00:00 PM
HJUD 4/16/2021 1:00:00 PM
HB 105
HB 116
SB 91