Legislature(2023 - 2024)GRUENBERG 120

05/08/2023 01:00 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
-- Delayed to 3:25 PM --
+ Bills Previously Heard/Scheduled TELECONFERENCED
+= HB 129 VOTER REGISTRATION TELECONFERENCED
Heard & Held
+= HB 11 CRIME: ASSAULT IN THE PRESENCE OF A CHILD TELECONFERENCED
Moved SSHB 11 Out of Committee
+= HB 181 STATE COMMISSION FOR CIVIL RIGHTS TELECONFERENCED
Heard & Held
                   HB 129-VOTER REGISTRATION                                                                                
                                                                                                                                
3:29:55 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE announced  that the first order of  business would be                                                               
HOUSE BILL NO.  129, "An Act relating to  voter registration; and                                                               
providing  for an  effective date."   [Before  the committee  was                                                               
CSHB 129(STA), as amended on 5/5/23.]                                                                                           
                                                                                                                                
3:30:07 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  moved  to  adopt  Amendment  3  to  CSHB
129(STA), labeled 33-LS0668\B.4, Klein, 5/4/23, which read:                                                                     
                                                                                                                                
     Page 1, line 1, following "Act":                                                                                         
          Insert "relating to the master register;"                                                                           
                                                                                                                                
     Page 1, following line 2:                                                                                                  
          Insert a new bill section to read:                                                                                    
        "* Section 1. AS 15.07.127 is amended to read:                                                                      
          Sec. 15.07.127. Preparation of master register.                                                                     
     The director shall prepare both  a statewide list and a                                                                    
     list  by precinct  of the  names and  addresses of  all                                                                    
     persons whose  names appear on the  master register and                                                                    
     their political  party affiliation. The  director shall                                                                
     create a  daily backup of  the master register  at 5:00                                                                
     p.m.   each  day.   Subject  to   the  limitations   of                                                                
     AS 15.07.195,  any  person may  obtain  a  copy of  the                                                                    
     list, a  daily backup  of the  list, or  a part  of the                                                                
     list,   or  an   electronic   format  containing   both                                                                    
     residence and mailing addresses  of voters, by applying                                                                    
     to the director and paying  to the state treasury a fee                                                                    
     as determined by the director."                                                                                          
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 2"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
REPRESENTATIVE C. JOHNSON objected.                                                                                             
                                                                                                                                
3:30:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  explained   that   Amendment  3   would                                                               
implement a  daily backup of  the master voter  registration list                                                               
making the daily backup available to any person upon request.                                                                   
                                                                                                                                
REPRESENTATIVE C.  JOHNSON asked the Division  of Elections (DOE)                                                               
whether a  daily backup at  5:00 p.m.  each day was  a reasonable                                                               
request.                                                                                                                        
                                                                                                                                
3:31:56 PM                                                                                                                    
                                                                                                                                
CAROL BEECHER,  Director, Division of Elections  (DOE), Office of                                                               
the Lieutenant Governor, explained  that currently, DOE backed up                                                               
its database each  night at 12:00 a.m.  Should  Amendment 3 pass,                                                               
the division would  need to reconfigure the current  system so as                                                               
not  to impede  the 5:00  p.m. backup.   She  indicated that  the                                                               
proposal would be costly and time consuming.                                                                                    
                                                                                                                                
REPRESENTATIVE  C. JOHNSON  inquired about  the division's  staff                                                               
load at 5:00 p.m. on any given day.                                                                                             
                                                                                                                                
MS. BEECHER said staff didn't work  beyond 5:00 p.m. on a regular                                                               
basis.    She   noted  that  the  database   backup  process  was                                                               
automated.                                                                                                                      
                                                                                                                                
3:33:56 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  asked whether  the previous  day's data                                                               
was saved  in its entirety  in a  separate file or  whether there                                                               
was only one file for the entire database.                                                                                      
                                                                                                                                
MS. BEECHER  said the information  was backed up every  day, from                                                               
which point old  data was not saved.  She  emphasized the size of                                                               
the database,  indicating that it would  expand at a rate  of 2-6                                                               
gigabytes each day if daily lists were retained.                                                                                
                                                                                                                                
REPRESENTATIVE  CARPENTER   asked  whether  a  snapshot   of  the                                                               
database from any specific day could be provided.                                                                               
                                                                                                                                
MS. BEECHER  remarked, "When it is  backed up, then each  time we                                                               
go from  the most current  backup forward."  She  highlighted the                                                               
distinction  between the  backup of  the database  and the  voter                                                               
registration  list,  which  was   compiled  by  DOE  staff  using                                                               
information from the database.                                                                                                  
                                                                                                                                
3:36:53 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  shared his understanding that  there were                                                               
two separate  backups: one at midnight  and one at 5:00  p.m.  He                                                               
asked Ms. Beecher to distinguish between the two.                                                                               
                                                                                                                                
MS. BEECHER clarified  that the database was  currently backed up                                                               
at around midnight each day, not at 5:00 p.m.                                                                                   
                                                                                                                                
REPRESENTATIVE  EASTMAN questioned  the  file size  of the  voter                                                               
registration list.                                                                                                              
                                                                                                                                
MS. BEECHER offered to follow up with the requested information.                                                                
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether a backup  at midnight would                                                               
conflict with the division's current processes.                                                                                 
                                                                                                                                
MS. BEECHER  said a  specific time would  be problematic  for the                                                               
division to adhere to.                                                                                                          
                                                                                                                                
3:39:21 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  asked whether  the division  would object                                                               
to language requiring a daily backup [without a specific time].                                                                 
                                                                                                                                
MS. BEECHER  clarified that  the division  already backed  up its                                                               
database every day.                                                                                                             
                                                                                                                                
CHAIR de  asked whether Amendment  3 would instigate  fiscal note                                                               
if it  required the  director to  create a  daily backup  with no                                                               
specified time.                                                                                                                 
                                                                                                                                
MS.  BEECHER reiterated  that  that the  division  already ran  a                                                               
backup of the  database every day.  She  highlighted the language                                                               
on line  12 of the  proposed amendment, which DOE  interpreted as                                                               
requiring a  daily backup  of the voter  registration list.   She                                                               
explained  that  the  voter  registration  list  was  created  by                                                               
request, as  opposed to every  day, adding  that it took  time to                                                               
respond to each request.                                                                                                        
                                                                                                                                
3:40:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY asked whether  it was a fair characterization                                                               
to say that the first half  of the proposed amendment was already                                                               
in  practice   and  the  second   half  might   be  prohibitively                                                               
difficult.                                                                                                                      
                                                                                                                                
MS. BEECHER  explained that  requiring the  division to  retain a                                                               
daily  backup of  the  voter registration  list  would require  a                                                               
large amount  of data,  as every  daily backup  would need  to be                                                               
stored somewhere in the database.                                                                                               
                                                                                                                                
REPRESENTATIVE GRAY  suggested tracking  the changes made  to the                                                               
list  on each  particular  day, rather  than  saving every  daily                                                               
backup of the list.                                                                                                             
                                                                                                                                
MS.  BEECHER reiterated  that  it  would be  costly  to make  and                                                               
retain a list every  day and a lot of work  to track the changes.                                                               
She stressed  that the list  was a living document,  meaning that                                                               
each  day,  staff  added  and   removed  people  from  the  voter                                                               
registration list.                                                                                                              
                                                                                                                                
REPRESENTATIVE GRAY pointed out  that in the healthcare industry,                                                               
any changes  or additions  made to  an electronic  medical record                                                               
were  timestamped.   He  suggested  upgrading  the technology  to                                                               
simple software that was not time-consuming or expensive.                                                                       
                                                                                                                                
3:44:26 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  offered closing  remarks on  Amendment 3.                                                               
He characterized the division's  choice to "destroy and override"                                                               
the list as  an "obvious violation [the]  public record retention                                                               
laws."   He opined that  there was no justification  for deleting                                                               
the record.                                                                                                                     
                                                                                                                                
[The  committee considered  the objection  to Amendment  3 to  be                                                               
maintained.]                                                                                                                    
                                                                                                                                
3:45:51 PM                                                                                                                    
                                                                                                                                
A roll  call vote  was taken.   Representatives Eastman  voted in                                                               
favor  of Amendment  3.   Representatives Carpenter,  C. Johnson,                                                               
Grey,  Groh, Allard,  and  Vance voted  against  it.   Therefore,                                                               
Amendment 3 failed by a vote of 1-6.                                                                                            
                                                                                                                                
REPRESENTATIVE  EASTMAN  moved  to  adopt  Amendment  4  to  CSHB
129(STA), labeled 33-LS0668\B.5, Klein, 5/4/23, which read:                                                                     
                                                                                                                                
     Page 1, line 1, following "registration;":                                                                               
          Insert "relating to voter identification;"                                                                          
                                                                                                                                
     Page 1, following line 2:                                                                                                  
          Insert new bill sections to read:                                                                                     
        "* Section  1. AS 15.07.060 is  amended by  adding a                                                                
     new subsection to read:                                                                                                    
          (g)  In addition to the information required                                                                          
     under (a)  of this section,  an applicant may  elect to                                                                    
     provide  the  diviion   a  unique  security  identifier                                                                    
     selected   by  the   applicant.  Upon   an  applicant's                                                                    
     request,   the  division   shall,  for   all  elections                                                                    
     purposes,  require  and   accept  a  unique  identifier                                                                    
     selected by  the applicant  instead of  the identifiers                                                                    
     provided under (a)(2) and (3) of this section.                                                                             
        * Sec.  2. AS 15.07.125 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (b)  The official registration list for an                                                                            
     election and  the list of  persons eligible to  vote in                                                                    
     each   precinct  must   include  the   unique  security                                                                    
     identifier  for  each  person   on  the  list  who  has                                                                    
     provided   a    unique   security    identifier   under                                                                    
     AS 15.07.060(g)."                                                                                                          
                                                                                                                                
     Page 1, line 3:                                                                                                            
          Delete "Section 1"                                                                                                  
          Insert "Sec. 3"                                                                                                     
                                                                                                                                
     Renumber the following bill sections accordingly.                                                                          
                                                                                                                                
     Page 4, following line 15:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 8. AS 15.20.030 is amended to read:                                                                         
          Sec.    15.20.030.    Preparation   of    ballots,                                                                  
     envelopes,  and  other  material.  The  director  shall                                                                  
     provide  ballots for  use as  absentee  ballots in  all                                                                    
     districts. The director shall  provide a secrecy sleeve                                                                    
     in  which the  voter shall  initially place  the marked                                                                    
     ballot,  and   shall  provide  an  envelope   with  the                                                                    
     prescribed  voter's certificate  on  it,  in which  the                                                                    
     secrecy sleeve  with ballot  enclosed shall  be placed.                                                                    
     The director  shall prescribe the  form of  and prepare                                                                    
     the voter's certificate,  envelopes, and other material                                                                    
     used in absentee voting.  The voter's certificate shall                                                                    
     include a declaration, for use  when required, that the                                                                    
     voter is  a qualified  voter in  all respects,  a blank                                                                    
     for  the voter's  signature and  a blank  for a  unique                                                                
     security identifier  selected under  AS 15.07.060(g), a                                                                
     certification  that the  affiant properly  executed the                                                                    
     marking of  the ballot  and gave the  voter's identity,                                                                    
     blanks  for the  attesting official  or witness,  and a                                                                    
     place for  recording the date  the envelope  was sealed                                                                    
     and   witnessed.   The   envelope  with   the   voter's                                                                    
     certificate   must   include   a  notice   that   false                                                                    
     statements  made  by  the voter  or  by  the  attesting                                                                    
     official or  witness on the certificate  are punishable                                                                    
     by law.                                                                                                                    
        * Sec. 9. AS 15.20.203(b) is amended to read:                                                                         
         (b)  An absentee ballot may not be counted if                                                                          
               (1)  the voter has failed to properly                                                                            
     execute the certificate;                                                                                                   
               (2)  an official or the witnesses authorized                                                                     
     by  law  to  attest  the voter's  certificate  fail  to                                                                    
     execute  the  certificate,   except  that  an  absentee                                                                    
     ballot  cast  in person  and  accepted  by an  absentee                                                                    
     voting official  or election supervisor may  be counted                                                                    
     despite  failure of  the  absentee  voting official  or                                                                    
     election  supervisor  to  properly sign  and  date  the                                                                    
     voter's certificate  as attesting official  as required                                                                    
     under AS 15.20.061(c);                                                                                                     
               (3)  the ballot is not attested on or before                                                                     
     the date of the election;                                                                                                  
               (4)  the ballot, if postmarked, is not                                                                           
     postmarked on or before the date of the election;                                                                          
               (5)   after the  day of election,  the ballot                                                                    
     was delivered by a means other than mail; [OR]                                                                             
               (6)  the voter voted                                                                                             
               (A)  in person and is a                                                                                          
               (i)      first-time   voter   who   initially                                                                    
     registered by mail or by  facsimile or other electronic                                                                    
     transmission   approved    by   the    director   under                                                                    
     AS 15.07.050,  has  not   provided  the  identification                                                                    
     required  by  AS 15.15.225(a),  was  not  eligible  for                                                                    
     waiver   of   the  identification   requirement   under                                                                    
     AS 15.15.225(b), and  has not provided  the identifiers                                                                    
     required  in AS 15.07.060(a)(2)  and  (3)  that can  be                                                                    
     verified  through  state  agency records  described  in                                                                    
     AS 15.07.055(e); or                                                                                                        
               (ii)   voter other than one  described in (i)                                                                    
     of  this subparagraph,  did not  provide identification                                                                    
     described in AS 15.15.225(a),  was not personally known                                                                    
     by  the election  official, and  has  not provided  the                                                                    
     identifiers required in AS 15.07.060(a)(2) and (3); or                                                                     
               (B)   by mail or electronic  transmission, is                                                                    
     a first-time voter who initially  registered by mail or                                                                    
     by facsimile or  other electronic transmission approved                                                                    
     by  the director  under AS 15.07.050  to vote,  has not                                                                    
     met   the  identification   requirements  set   out  in                                                                    
     AS 15.07.060,  and does  not submit  with the  ballot a                                                                    
     copy of a                                                                                                                  
               (i)   driver's license,  state identification                                                                    
     card,  current and  valid  photo identification,  birth                                                                    
     certificate, passport,  or hunting or  fishing license;                                                                    
     or                                                                                                                         
               (ii)   current utility bill,  bank statement,                                                                    
     paycheck,   government  check,   or  other   government                                                                    
     document;  an item  described in  this sub-subparagraph                                                                    
     must show  the name and  current address of  the voter;                                                                
     or                                                                                                                     
               (7)    the  voter  elected to  use  a  unique                                                                
     security identifier selected  under AS 15.07.060(g) and                                                                
     the  voter  failed  to   provide  the  unique  security                                                                
     identifier.                                                                                                            
        * Sec. 10. AS 15.20.207(b) is amended to read:                                                                        
          (b)  A questioned ballot may not be counted if                                                                        
     the voter                                                                                                                  
               (1)    has  failed to  properly  execute  the                                                                    
     certificate;                                                                                                               
               (2)   is  a  first-time  voter who  initially                                                                    
     registered by mail or by  facsimile or other electronic                                                                    
     transmission   approved    by   the    director   under                                                                    
     AS 15.07.050,  has  not   provided  the  identification                                                                    
     required  by  AS 15.15.225(a),  was  not  eligible  for                                                                    
     waiver   of   the  identification   requirement   under                                                                    
     AS 15.15.225(b), and  has not provided  the identifiers                                                                    
     required  in AS 15.07.060(a)(2)  and  (3)  that can  be                                                                    
     verified  through  state  agency records  described  in                                                                    
     AS 15.07.055(e); [OR]                                                                                                      
               (3)  is a voter other than one described in                                                                      
     (2) of this subsection,  did not provide identification                                                                    
     described in AS 15.15.225(a),  was not personally known                                                                    
     by  the election  official, and  has  not provided  the                                                                    
     identifiers required in AS 15.07.060(a)(2) and (3); or                                                                 
               (4)  elected to use a unique security                                                                        
     identifier  selected  under   AS 15.07.060(g)  and  the                                                                
     voter   failed   to   provide   the   unique   security                                                                
     identifier."                                                                                                           
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE C. JOHNSON objected.                                                                                             
                                                                                                                                
3:46:38 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN explained  that Amendment  4 would  allow                                                               
applicants  to  select a  unique  security  identifier to  verify                                                               
their identity  in place of  their Social Security  number, which                                                               
he   characterized  as   a  poor   way  of   verifying  someone's                                                               
information after a data breach.                                                                                                
                                                                                                                                
3:48:06 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  asked for DOE's perspective  on the proposed                                                               
amendment.                                                                                                                      
                                                                                                                                
MS. BEECHER  sought clarity on  paragraph (7) of Amendment  4 and                                                               
asked what  the security identifier  would look like,  whether it                                                               
be numbers or letters or a combination of both.                                                                                 
                                                                                                                                
REPRESENTATIVE GROH  asked whether  the proposed  amendment would                                                               
require a fiscal note.                                                                                                          
                                                                                                                                
MS. BEECHER  answered yes, there  would be costs  associated with                                                               
assigning  a  new  unique  security  identifier.    Further,  the                                                               
division would need  to figure out a way to  apply the identifier                                                               
to various documents and the voter registration list.                                                                           
                                                                                                                                
CHAIR VANCE said  she was supportive of  added security; however,                                                               
her intention  was to keep  the bill  focused on the  voter rolls                                                               
with no fiscal note in light of [the state's] current finances.                                                                 
                                                                                                                                
3:51:01 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN opined  that the  state's actions  caused                                                               
voter information  to be  compromised; consequently,  he believed                                                               
the  state had  a responsibility  to safeguard  that information.                                                               
In reference to  paragraph (7), he suggested that  any person who                                                               
forgot the unique  identifier could verify his/her  identity at a                                                               
DOE  office with  a driver's  license,  state identification,  or                                                               
voter card  and create a  new security identifier of  his/her own                                                               
choosing.                                                                                                                       
                                                                                                                                
3:52:14 PM                                                                                                                    
                                                                                                                                
A  roll call  vote was  taken.   Representative Eastman  voted in                                                               
favor  of Amendment  4.   Representatives  Allard, Carpenter,  C.                                                               
Johnson,  Gray, Groh,  and Vance  voted against  it.   Therefore,                                                               
Amendment 4 failed by a vote of 1-6.                                                                                            
                                                                                                                                
3:52:41 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN  moved  to  adopt  Amendment  5  to  CSHB
129(STA), labeled 33-LS0668\B.3, Klein, 5/4/23, which read:                                                                     
                                                                                                                                
     Page 1, line 1, following "registration;":                                                                               
          Insert "relating to voting by mail;"                                                                                
                                                                                                                                
     Page 4, following line 15:                                                                                                 
          Insert new bill sections to read:                                                                                     
        "* Sec. 6. AS 15.20.081(c) is amended to read:                                                                      
          (c)  Except as provided in (m) of this section,                                                                   
     after [AFTER]  receipt of an application,  the director                                                                
     shall  send  the  absentee ballot  and  other  absentee                                                                    
     voting   material  to   the  applicant   by  the   most                                                                    
     expeditious mail  service. However, if  the application                                                                    
     requests that  an absentee ballot for  a state election                                                                    
     be sent by electronic  transmission, the director shall                                                                    
     send  the absentee  ballot  and  other absentee  voting                                                                    
     material to  the applicant by  electronic transmission.                                                                    
     Except  as  provided  in  (k)   of  this  section,  the                                                                    
     absentee  ballot  and  other absentee  voting  material                                                                    
     shall  be   sent  as  soon   as  they  are   ready  for                                                                    
     distribution.   If  the   absentee  ballot   and  other                                                                    
     absentee voting  material are mailed to  the applicant,                                                                    
     the  return envelope  sent with  the  ballot and  other                                                                    
     materials   shall   be   addressed  to   the   election                                                                    
     supervisor  in the  district in  which the  voter is  a                                                                    
     resident.                                                                                                                  
        * Sec.  7. AS 15.20.081 is  amended by adding  a new                                                                  
     subsection to read:                                                                                                        
          (m)  If mail sent by the division to a voter at                                                                       
     an address  is returned as undeliverable,  the division                                                                    
     may  not send  the  voter an  absentee  ballot at  that                                                                    
     address  unless the  voter appears  in person  before a                                                                    
     registration official  to verify the  address, presents                                                                    
     a current driver's  license, state identification card,                                                                    
     or other  current and  valid photo  identification, and                                                                    
     requests that  the division send an  absentee ballot to                                                                    
     the address.                                                                                                               
        * Sec. 8. AS 15.20.800(b) is amended to read:                                                                         
          (b)  If the director conducts an election under                                                                       
     (a) of this section by  mail, the director shall send a                                                                    
     ballot  for  each election  described  in  (a) of  this                                                                    
     section  to  each  person whose  name  appears  on  the                                                                    
     official registration list  prepared under AS 15.07.125                                                                    
     for that  election. The director shall  send ballots by                                                                    
     first class,  nonforwardable mail. The ballot  shall be                                                                    
     sent   to   the   address  stated   on   the   official                                                                    
     registration list unless                                                                                                   
               (1)  the voter has notified the director or                                                                      
     an election supervisor of a  different address to which                                                                    
     the ballot should be sent; or                                                                                              
               (2)      the    address   on   the   official                                                                    
     registration  list  has  been identified  as  being  an                                                                    
     undeliverable address  and the  voter has  not verified                                                                
     the address as provided in AS 15.20.081(m)."                                                                           
                                                                                                                                
     Renumber the following bill section accordingly.                                                                           
                                                                                                                                
REPRESENTATIVE CARPENTER objected for the purpose of discussion.                                                                
                                                                                                                                
3:52:50 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN stated that Amendment 5 required the                                                                     
division to verify a voter's identity prior to mailing a ballot                                                                 
to an address from which mail had been returned.                                                                                
                                                                                                                                
3:53:55 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD considered a scenario in which voter mail                                                                 
was returned as undeliverable.  Under current practices, she                                                                    
asked whether  the division  would continue  to send  an absentee                                                               
ballot to that same address.                                                                                                    
                                                                                                                                
MS. BEECHER deferred to Ms. Thompson.                                                                                           
                                                                                                                                
3:54:34 PM                                                                                                                    
                                                                                                                                
MICHAELA THOMPSON, Acting Director,  Division of Elections (DOE),                                                               
Office  of the  Lieutenant Governor,  explained that  a preferred                                                               
mailing  address  must  be  indicated   on  the  absentee  ballot                                                               
applications.  If  the ballot was returned  as undeliverable, the                                                               
ballot would not be re-sent until  the voter was contacted by the                                                               
division and the mailing address was confirmed or updated.                                                                      
                                                                                                                                
REPRESENTATIVE  ALLARD said  she  was under  the impression  that                                                               
ballots could not be forwarded.                                                                                                 
                                                                                                                                
MS. THOMPSON explained that if the  division mailed a ballot to a                                                               
person who  had set up  a forwarding service on  his/her address,                                                               
the United States Postal Service  (USPS) would return that ballot                                                               
to the  division.  The division  would then contact the  voter to                                                               
confirm or update his/her mailing address and resend the ballot.                                                                
                                                                                                                                
REPRESENTATIVE  ALLARD asked  whether  Section 7  of Amendment  5                                                               
outlined existing practices.                                                                                                    
                                                                                                                                
MS.  THOMPSON  shared  her belief  that  the  amendment  required                                                               
voters  to appear  in person  before a  registration official  to                                                               
verify the address, which was not existing practice.                                                                            
                                                                                                                                
REPRESENTATIVE ALLARD  opined that voting by  absentee ballot was                                                               
the safest way to vote aside from in person.                                                                                    
                                                                                                                                
3:57:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  expressed concern about requiring  voters in                                                               
rural Alaska to appear in  person before a registration official.                                                               
He  asked   whether  there  were  election   officials  in  every                                                               
community in Alaska.                                                                                                            
                                                                                                                                
MS. THOMPSON replied not in every community.                                                                                    
                                                                                                                                
CHAIR VANCE  expressed her opposition  to Amendment 5  because it                                                               
would expand the scope of the bill.                                                                                             
                                                                                                                                
3:58:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   EASTMAN  shared   a  personal   anecdote.     He                                                               
emphasized that  Amendment 5 was  asking DOE not to  send ballots                                                               
to undeliverable addresses,  similar to a print shop.   He argued                                                               
that if this was in fact  existing practice for the division, DOE                                                               
should be encouraged to continue doing  so.  He said there should                                                               
be   no   allowances   for  continuing   to   mail   ballots   to                                                               
[undeliverable] addresses.                                                                                                      
                                                                                                                                
[The  committee considered  the objection  to Amendment  5 to  be                                                               
maintained.]                                                                                                                    
                                                                                                                                
4:00:08 PM                                                                                                                    
                                                                                                                                
A roll call  vote was taken.  Representatives  Allard and Eastman                                                               
voted in favor of Amendment  5.  Representatives Groh, Carpenter,                                                               
C.  Johnson,  Gray,  and  Vance voted  against  it.    Therefore,                                                               
Amendment 5 failed by a vote of 2-5.                                                                                            
                                                                                                                                
4:00:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  CARPENTER  moved to  adopt  Amendment  6 to  CSHB
129(STA), labeled 33-LS0668\B.9, Klein, 5/6/23, which read:                                                                     
                                                                                                                                
     Page 3, line 18, through page 4, line 1:                                                                                   
          Delete all material and insert:                                                                                       
          "(g)  The division shall adopt regulations                                                                            
     providing for regular review and  updates of the master                                                                    
     register. The  regulations must  provide for  review of                                                                    
     the  register   for  data   breaches,  the   number  of                                                                    
     registered voters compared to  persons eligible to vote                                                                    
     in  the  state,  and  the  names  of  deceased  voters,                                                                    
     persons   convicted  of   a   felony  involving   moral                                                                    
     turpitude,   persons  not   qualified  to   vote  under                                                                    
     AS 15.05,  and persons  registered to  vote in  another                                                                    
     state.  The   regulations  must  specify   records  and                                                                    
     databases  for use  in reviewing  the master  register;                                                                    
     the  records  and   databases  must  include  databases                                                                    
     sourced   from   governmental  agencies   outside   the                                                                    
     division,  including the  United States  Postal Service                                                                    
     national change  of address  database, the  database of                                                                    
     permanent  fund   dividend  recipients,   Alaska  Court                                                                    
     System databases, state  motor vehicle records, records                                                                    
     of  the state  programs  of  corrections, property  and                                                                    
     sales  tax  records,  records  of  the  federal  social                                                                    
     security  system,  municipal  assessor  databases,  the                                                                    
     United  States  Social  Security  Administration  death                                                                    
     index,  an  alien  database maintained  by  the  United                                                                    
     States Department  of Homeland Security, and  jury duty                                                                    
     records  from other  jurisdictions. The  director shall                                                                    
     compare  the  master  register  to  state  welfare  and                                                                    
     public   assistance   agency  databases   to   identify                                                                    
     information relevant  to registration to vote  in state                                                                    
     elections,  including  address   changes,  deaths,  and                                                                    
     citizenship  status, and  shall  review  the number  of                                                                    
     voters  registered  at  each  registration  address  to                                                                    
     identify anomalous registration totals."                                                                                   
                                                                                                                                
     Page 4, following line 15:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 6.  AS 15.07.195 is amended by  adding a new                                                                
     subsection to read:                                                                                                        
          (e)  Unless disclosure of information related to                                                                      
     a data breach of  information made confidential by this                                                                    
     section would compromise  a criminal investigation, the                                                                    
     director   shall,  not   less   than   30  days   after                                                                    
     discovering the  breach, publish  notice of  the nature                                                                    
     and severity  of the breach on  the division's Internet                                                                    
     website and  report the  details of  the breach  to the                                                                    
     president of  the senate and  the speaker of  the house                                                                    
     of representatives."                                                                                                       
                                                                                                                                
          Renumber the following bill section accordingly.                                                                      
                                                                                                                                
REPRESENTATIVE EASTMAN objected for the purpose of discussion.                                                                  
                                                                                                                                
4:00:54 PM                                                                                                                    
                                                                                                                                
JAKE  ALMEIDA, Staff,  Representative Sarah  Vance, Alaska  State                                                               
Legislature,   on  behalf   of  the   House  Judiciary   Standing                                                               
Committee, sponsor  by request, chaired by  Representative Vance,                                                               
explained  that Amendment  6 revised  subsection (g)  on page  3,                                                               
line 18  through page 4,  line 1  of the bill.   He read  the new                                                               
language, indicating  that the proposed amendment  dealt with the                                                               
information used by the division to verify the master register.                                                                 
                                                                                                                                
4:02:51 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY directed attention to  page 1, lines 17-19 of                                                               
Amendment 6,  and asked whether  the division  currently compared                                                               
the  master  register  to state  welfare  and  public  assistance                                                               
agency databases.                                                                                                               
                                                                                                                                
MS. BEECHER answered no.                                                                                                        
                                                                                                                                
REPRESENTATIVE  GRAY pointed  out that  state welfare  and public                                                               
assistance  agencies  were  generally   used  by  "poor  people;"                                                               
consequently,  he shared  his belief  that  by referencing  those                                                               
databases, the language singled out [low-income] individuals.                                                                   
                                                                                                                                
CHAIR  VANCE clarified  that the  intent was  to utilize  various                                                               
databases within the state to verify updated information.                                                                       
                                                                                                                                
4:04:24 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH  asked whether  the language would  impose an                                                               
additional fiscal note.                                                                                                         
                                                                                                                                
MS. BEECHER answered  yes, as it would  require interface between                                                               
the current  system and the  state welfare and  public assistance                                                               
agency databases.                                                                                                               
                                                                                                                                
REPRESENTATIVE  GRAY  asked  why   fishing  and  hunting  license                                                               
databases weren't included.                                                                                                     
                                                                                                                                
CHAIR VANCE  defined [state welfare and  public assistance agency                                                               
databases]  as "robust"  because  one-third of  Alaskans were  on                                                               
some type  of assistance.   She suggested  that the  inclusion of                                                               
those lists would  help the division stay up to  date, as [public                                                               
assistance] forms were renewed every six months.                                                                                
                                                                                                                                
4:06:34 PM                                                                                                                    
                                                                                                                                
The committee took a brief at-ease.                                                                                             
                                                                                                                                
4:07:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  moved to  adopt Conceptual  Amendment 1                                                               
to Amendment 6 to delete the  word "shall" on line 17 and replace                                                               
it with "may."                                                                                                                  
                                                                                                                                
REPRESENTATIVE  ALLARD objected.    She opined  that "shall"  was                                                               
favorable  to "may"  and questioned  the purpose  of Amendment  6                                                               
without the more prescriptive language.                                                                                         
                                                                                                                                
REPRESENTATIVE  EASTMAN asserted  that the  division had  trouble                                                               
differentiating  between  "may" and  "shall"  in  the past.    He                                                               
shared  an  example  of  the division  failing  to  prioritize  a                                                               
special  election  after  an elected  official  passed  away  [in                                                               
2022].   He  expressed  his  hope that  the  division, under  new                                                               
leadership, would  "come to  grips with the  idea that  these are                                                               
reasonable things  that they  should already  be doing,  and they                                                               
should not  be coming to  us after we  need a special  election                                                                 
and saying ? 'we need more time, we need more money.'"                                                                          
                                                                                                                                
4:10:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE ALLARD  pointed out that  at the time, DOE  was in                                                               
unchartered waters  with rank  choice voting  (RCV) and  a jungle                                                               
primary.   She  asked  Ms.  Beecher to  elaborate  on the  fiscal                                                               
impact  of Amendment  6 and  asked whether  it would  require new                                                               
people or more efficiency.                                                                                                      
                                                                                                                                
MS.  BEECHER  said  the  additional  fiscal  note  would  require                                                               
programming to  interface with  the public  assistance databases,                                                               
as  well as  ongoing  maintenance.   She  compared the  potential                                                               
costs  to that  of the  permanent fund  dividend (PFD)  automatic                                                               
voter registration  (AVR), which  cost $250,000 to  implement, in                                                               
addition to ongoing costs.                                                                                                      
                                                                                                                                
REPRESENTATIVE  ALLARD expressed  her shock  that [using  various                                                               
governmental databases] wasn't current practice for DOE.                                                                        
                                                                                                                                
CHAIR VANCE highlighted the $7  million in the capital budget for                                                               
voter maintenance and asked whether  that money could be utilized                                                               
for these types of updates.                                                                                                     
                                                                                                                                
MS. BEECHER  clarified that  the $7 million  was earmarked  for a                                                               
new voter  registration system.   If the capital  funding passed,                                                               
she  said the  division could  consider using  new technology  to                                                               
interface [with  other databases] and perform  batch processes in                                                               
a more  efficient manner  when putting together  the bid  for the                                                               
contract.                                                                                                                       
                                                                                                                                
CHAIR  VANCE sought  to confirm  that costs  of interfacing  with                                                               
state  welfare and  public assistance  agency databases  could be                                                               
covered by  capital funding,  rather than  creating a  new fiscal                                                               
note for the bill.                                                                                                              
                                                                                                                                
MS.  BEECHER offered  to follow  up with  more specific  details.                                                               
She suspected that  fulfilling these requests would need  to be a                                                               
separate project  from the new  voter registration  system, which                                                               
would  take two  years to  implement, if  the legislature  wanted                                                               
them completed sooner.                                                                                                          
                                                                                                                                
4:15:33 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  asked  why [the  new  voter  registration                                                               
system] would take two years to implement.                                                                                      
                                                                                                                                
MS. BEECHER  highlighted constraints of the  request for proposal                                                               
(RFP) and procurement processes.   Once procurement was complete,                                                               
the  technical  staff was  responsible  for  building the  actual                                                               
system, which  she defined as  a long  process that could  not be                                                               
undertaken during an election year.                                                                                             
                                                                                                                                
REPRESENTATIVE ALLARD  asked why the process  couldn't be started                                                               
in 2025 after the [presidential] election.                                                                                      
                                                                                                                                
MS.  BEECHER  said  it  was  possible;  however,  the  division's                                                               
estimates  were conservative  so  as to  avoid overpromising  and                                                               
underdelivering.                                                                                                                
                                                                                                                                
4:18:32 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  questioned the  intent of  replacing "shall"                                                               
with "may."                                                                                                                     
                                                                                                                                
REPRESENTATIVE  CARPENTER said  the effect  of using  "may" would                                                               
allow the division to follow the provision at their discretion.                                                                 
                                                                                                                                
[The  committee  considered  the   objection  to  the  conceptual                                                               
amendment to be maintained.]                                                                                                    
                                                                                                                                
4:19:31 PM                                                                                                                    
                                                                                                                                
A  roll  call  vote  was  taken.    Representatives  Gray,  Groh,                                                               
Carpenter,  C. Johnson,  Eastman,  and Vance  voted  in favor  of                                                               
Conceptual  Amendment 1  to Amendment  6.   Representative Allard                                                               
voted  against   it.    Therefore,  Conceptual   Amendment  1  to                                                               
Amendment 6 passed by a vote of 6-1.                                                                                            
                                                                                                                                
4:20:12 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY noted that his  prior opposition to Amendment                                                               
6 was alleviated by the conceptual amendment.                                                                                   
                                                                                                                                
[The committee considered the objection to be maintained.]                                                                      
                                                                                                                                
4:21:20 PM                                                                                                                    
                                                                                                                                
A  roll call  vote  was taken.    Representatives Eastman,  Gray,                                                               
Groh, Allard, Carpenter, C. Johnson,  and Vance voted in favor of                                                               
Amendment 6,  as amended.   No representatives voted  against it.                                                               
Therefore, Amendment 6, as amended, passed by a vote of 6-0.                                                                    
                                                                                                                                
CHAIR VANCE  announced that CSHB  129(STA), as amended,  would be                                                               
held over.                                                                                                                      
                                                                                                                                
4:22:19 PM                                                                                                                    
                                                                                                                                
The committee took an at-ease from 4:22 p.m. to 4:29 p.m.                                                                       
                                                                                                                                

Document Name Date/Time Subjects
HB 129 - Amendment #1 (B.7) by Chair Vance.pdf HJUD 5/5/2023 1:00:00 PM
HJUD 5/8/2023 1:00:00 PM
HB 129
HB 129 - Amendment #2 (B.8) by Chair Vance.pdf HJUD 5/5/2023 1:00:00 PM
HJUD 5/8/2023 1:00:00 PM
HB 129
HB 129 - Amendment #3 (B.4) by Rep. Eastman.pdf HJUD 5/5/2023 1:00:00 PM
HJUD 5/8/2023 1:00:00 PM
HB 129
HB 129 - Amendment #4 (B.5) by Rep. Eastman.pdf HJUD 5/5/2023 1:00:00 PM
HJUD 5/8/2023 1:00:00 PM
HB 129
HB 129 - Amendment #5 (B.3) by Rep. Eastman.pdf HJUD 5/5/2023 1:00:00 PM
HJUD 5/8/2023 1:00:00 PM
HB 129
HB 129 - Amendment #6 (B.9).pdf HJUD 5/8/2023 1:00:00 PM
HB 129