Legislature(2023 - 2024)GRUENBERG 120

01/17/2024 01:00 PM House JUDICIARY

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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ HB 129 VOTER REGISTRATION TELECONFERENCED
Moved CSHB 129(JUD) Out of Committee
+ HB 4 ELECTIONS:REPEAL RANK CHOICE/OPEN PRIMARY TELECONFERENCED
Moved CSHB 4(JUD) Out of Committee
+ HJR 7 CONST AM: PERMANENT FUND DIVIDEND TELECONFERENCED
Heard & Held
          HB 4-ELECTIONS: REPEAL RANKED CHOICE VOTING                                                                       
                                                                                                                                
1:16:23 PM                                                                                                                    
                                                                                                                                
CHAIR VANCE  announced that the  next order of business  would be                                                               
HOUSE BILL NO.  4, "An Act relating to elections."   [CSHB 4(JUD)                                                               
was moved from  committee on 5/12/23; in committee  packets was a                                                               
proposed  committee  substitute  (CS)   for  HB  4,  Version  33-                                                               
LS0094\U, Klein, 1/15/24.]                                                                                                      
                                                                                                                                
REPRESENTATIVE ALLARD moved to rescind  the committee's action on                                                               
5/12/23 in reporting  CSHB 4(JUD) out of committee.   There being                                                               
no objection, it was so ordered.                                                                                                
                                                                                                                                
1:17:10 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  moved  to adopt  the  proposed  committee                                                               
substitute (CS)  for HB 4,  Version 33-LS0094\U,  Klein, 1/15/24,                                                               
as the working document.                                                                                                        
                                                                                                                                
1:17:35 PM                                                                                                                    
                                                                                                                                
JAKE ALMEIDA,  on behalf of  Representative Vance,  prime sponsor                                                               
of HB 4, presented the summary  of changes in Version U [included                                                               
in  the  committee  packet],  which  read  as  follows  [original                                                               
punctuation provided]:                                                                                                          
                                                                                                                                
     Section   5:  New   section   deletes  the   disclosure                                                                    
     requirements  of intermediaries  and the  certification                                                                    
     from the  campaign treasurer. This  was a  new campaign                                                                    
     finance  disclosure   section  implemented   by  Ballot                                                                    
     Measure 2 of 2020.                                                                                                         
                                                                                                                                
     Section  6:  New  section deletes  a  campaign  finance                                                                    
     requirement and relating  to contributions while acting                                                                    
     as an intermediary, as implemented  by Ballot Measure 2                                                                    
     of 2020.                                                                                                                   
                                                                                                                                
     Section  8:  New  section   deletes  the  inclusion  of                                                                    
     television broadcast  and internet  advertisements from                                                                    
     keeping the  "paid for by"  language on the  screen for                                                                    
     the  entirety  of  the ad,  as  implemented  by  Ballot                                                                    
     Measure 2 of 2020.                                                                                                         
                                                                                                                                
     Section 11:  New section deletes penalties  for failure                                                                    
     to  report under  AS  15.13.050(a),  as implemented  by                                                                    
     Ballot Measure 2 of 2020.                                                                                                  
                                                                                                                                
     Section 66: New additions to  the repeal section are AS                                                                    
     15.13.050(r),        15.13.090(g),        15.13.110(k),                                                                    
     15.13.400(5), 15.13.400(15), and 15.13.400(19).                                                                            
                                                                                                                                
1:19:43 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE CARPENTER  objected to  the adoption of  Version U                                                               
for the purpose of discussion.                                                                                                  
                                                                                                                                
CHAIR VANCE sought questions from members of the committee.                                                                     
                                                                                                                                
REPRESENTATIVE  CARPENTER asked  whether Version  U would  repeal                                                               
Ballot Measure 2 in its entirety.                                                                                               
                                                                                                                                
1:20:54 PM                                                                                                                    
                                                                                                                                
NOAH  KLEIN, Attorney,  Legislative  Legal Services,  Legislative                                                               
Affairs Agency  (LAA), answered  yes, Version  U would  bring the                                                               
status of Title  15 back to where it was  before Ballot Measure 2                                                               
was enacted.                                                                                                                    
                                                                                                                                
REPRESENTATIVE EASTMAN  inquired about  the rescinded  action and                                                               
asked why the bill was before the committee again.                                                                              
                                                                                                                                
CHAIR VANCE  explained that  last session,  she did  not transmit                                                               
the bill  packet to the  Chief Clerk's  Office because she  had a                                                               
question about  the fiscal note.   After additional conversations                                                               
with the  public, she decided to  bring the bill back  before the                                                               
committee for further work.                                                                                                     
                                                                                                                                
REPRESENTATIVE  GRAY  asked  why  [the  state]  would  want  less                                                               
transparency in its elections.                                                                                                  
                                                                                                                                
CHAIR VANCE  conveyed that from the  public's perspective, Ballot                                                               
Measure 2  made the  election process more  difficult.   She said                                                               
she was  acting on behalf of  her constituents who were  in favor                                                               
of "one person one vote."                                                                                                       
                                                                                                                                
1:22:47 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRAY  asked about  the disclosure  requirements in                                                               
political advertisements  and whether  that would  have increased                                                               
transparency.                                                                                                                   
                                                                                                                                
CHAIR  VANCE shared  her  understanding that  the  "paid for  by"                                                               
disclosure  was still  required; however,  displaying it  for the                                                               
entirety of  the advertisement was  not obligatory.   In response                                                               
to a  follow up question,  she said money disclosures  were still                                                               
required,  but those  limitations  were different  than the  ones                                                               
imposed by Ballot Measure 2.   She added that the courts declared                                                               
campaign contributions  as political free speech.   Consequently,                                                               
she opined that individual contributions should not be limited.                                                                 
                                                                                                                                
REPRESENTATIVE  GRAY  asked  how  disclosing  which  organization                                                               
donated money was a limitation on free speech.                                                                                  
                                                                                                                                
CHAIR  VANCE clarified  that she  was  speaking about  individual                                                               
contributions.  In  response to a follow-up  question, she stated                                                               
that individuals  were still required to  disclose their campaign                                                               
contributions.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GRAY asked whether  organizations were required to                                                               
disclose campaign contributions.                                                                                                
                                                                                                                                
MR. KLEIN said the campaign  finance provisions would be returned                                                               
to  how they  were prior  to  Ballot Measure  2.   He offered  to                                                               
follow up with the requested information.                                                                                       
                                                                                                                                
1:26:15 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GROH observed that  Version U deleted the language                                                               
in Section  6 regarding dark money.   He asked whether  people in                                                               
the bill  sponsor's district had  indicated that they  liked dark                                                               
money  and requested  for an  increase  in its  roll in  Alaska's                                                               
elections.  He shared that  people in his district were concerned                                                               
about the  role of intermediaries  and dark money in  the state's                                                               
elections.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  CARPENTER made  a point  of order  not to  impugn                                                               
Alaskans' beliefs.   He suggested  that constituents were  not on                                                               
trial and that questions should  be concentrated on the policy in                                                               
the bill.                                                                                                                       
                                                                                                                                
REPRESENTATIVE GROH  asked whether  the legislation  was intended                                                               
to increase the role of dark money in Alaska.                                                                                   
                                                                                                                                
CHAIR VANCE  said her intent  was to return the  election process                                                               
to  "one  person  one  vote."   She  shared  that  Alaskans  felt                                                               
deceived   by   Ballot   Measure   2  in   regard   to   campaign                                                               
contributions.                                                                                                                  
                                                                                                                                
REPRESENTATIVE GROH said he was  struggling to understand why the                                                               
language making  it more  difficult for dark  money to  come into                                                               
Alaska elections was being removed.                                                                                             
                                                                                                                                
1:29:57 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  asked  who  was  allowed  to  vote  in  a                                                               
democratic  primary  versus a  republican  primary  prior to  the                                                               
passage of Ballot Measure 2.                                                                                                    
                                                                                                                                
MR. KLEIN explained that parties'  bylaws determine whether their                                                               
primaries  are limited  to  members  of their  party  or open  to                                                               
everyone.    In  addition,  parties  can  choose  to  have  joint                                                               
primaries.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ALLARD expressed  her appreciation  for the  bill                                                               
and opined that repealing Ballot Measure 2 was necessary.                                                                       
                                                                                                                                
1:32:42 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN shared  his understanding  that prior  to                                                               
the passage  of Ballot  Measure 2,  Alaska had  some of  the more                                                               
robust  voting regulations.   After  the  measure passed,  ranked                                                               
choice voting  (RCV) and the  new reporting requirements  put the                                                               
state in a  "league of its own."   He opined that  returning to a                                                               
heavily regulated process would not eliminate transparency.                                                                     
                                                                                                                                
REPRESENTATIVE CARPENTER  removed his  objection to  the adoption                                                               
of Version U.                                                                                                                   
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
1:34:52 PM                                                                                                                    
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Carpenter,  C.                                                               
Johnson, Eastman,  Allard, and Vance  voted in favor  of adopting                                                               
CSHB 4, Version  U.  Representatives Gray and  Groh voted against                                                               
it.  Therefore, Version U was adopted by a vote of 5-2.                                                                         
                                                                                                                                
1:35:40 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD moved  that the  House Judiciary  Standing                                                               
Committee zero  out the attached  fiscal note  for HB 4  from the                                                               
Division  of  Elections  (DOE),   Office  of  the  Governor,  OMB                                                               
Component  Number  21.   There  being  no  objection, it  was  so                                                               
ordered.                                                                                                                        
                                                                                                                                
CHAIR VANCE  explained the  purpose of DOE's  fiscal note  was to                                                               
return  [the state]  back to  the prior  system of  voting.   She                                                               
argued that  it should not take  a full campaign to  teach people                                                               
"one person  one vote."   She said she would  leave it up  to the                                                               
House Finance Committee to determine the appropriate amount.                                                                    
                                                                                                                                
REPRESENTATIVE  EASTMAN recalled  that there  was an  outstanding                                                               
request  for additional  funds for  an  educational component  on                                                               
RCV.  He  sought to confirm that with passage  of Version U, that                                                               
funding would not be necessary.                                                                                                 
                                                                                                                                
CHAIR VANCE answered,  "Correct."  She sought  final comment from                                                               
committee members.                                                                                                              
                                                                                                                                
1:38:00 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE   GRAY   stated   that  Version   U   deliberately                                                               
obfuscated  large campaign  donations by  allowing donors to hide                                                               
their  contributions  behind  intermediaries.     Alaskan  people                                                               
deserve to know the true source  of campaign donations and who is                                                               
influencing  elections, he  opined.    He said  the  bill was  an                                                               
attempt  to  undo the  will  of  Alaskans  who voted  for  Ballot                                                               
Measure 2.                                                                                                                      
                                                                                                                                
REPRESENTATIVE  ALLARD  shared   her  understanding  that  Ballot                                                               
Measure 2  was funded by dark  money.  She opined  that returning                                                               
to  the prior  system of  voting was  "the right  way to  do it,"                                                               
adding  that the  Alaska Public  Offices Commission  (APOC) would                                                               
handle the concerns about dark money.                                                                                           
                                                                                                                                
REPRESENTATIVE GROH  reiterated his  opposition to Version  U and                                                               
bringing  the  bill  back  before  the  committee  to  "gut"  the                                                               
campaign finance requirements.                                                                                                  
                                                                                                                                
REPRESENTATIVE EASTMAN  said he was glad  to be voting on  a bill                                                               
that  would repeal  Ballot Measure  2.   He spoke  to the  public                                                               
contention regarding the measure.                                                                                               
                                                                                                                                
REPRESENTATIVE  CARPENTER said  he bristled  every time  he heard                                                               
the words  "dark money," characterizing  the term a  scare tactic                                                               
without true meaning that was used to pass Ballot Measure 2.                                                                    
It was clear  to him, he said, that voters  had "buyers' remorse"                                                               
when it came to RCV.  He stated his support for Version U.                                                                      
                                                                                                                                
1:44:14 PM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  ALLARD  moved  to  report  CSHB  4,  Version  33-                                                               
LS0094\U,  Klein,  1/15/24,  out  of  committee  with  individual                                                               
recommendations and the accompanying fiscal notes.                                                                              
                                                                                                                                
REPRESENTATIVE GRAY objected.                                                                                                   
                                                                                                                                
A  roll  call vote  was  taken.   Representatives  Carpenter,  C.                                                               
Johnson, Eastman, Allard,  and Vance voted in  favor of reporting                                                               
CSHB 4(JUD) from committee.   Representatives Groh and Gray voted                                                               
against  it.   Therefore, CSHB  4(JUD)  was reported  out of  the                                                               
House Judiciary Standing Committee by a vote of 5-2.                                                                            

Document Name Date/Time Subjects
HB 129 - Amendment #1 (B.7)(as conceptually amended) by Chair Vance.pdf HJUD 1/17/2024 1:00:00 PM
HB 129
HB 129 - Amendment #6 (B.9)(as conceptually amended).pdf HJUD 1/17/2024 1:00:00 PM
HB 129
HB 4 - Summary of Changes (01-17-24).pdf HJUD 1/17/2024 1:00:00 PM
HB 4
HB 4 - v.U (01-15-24).pdf HJUD 1/17/2024 1:00:00 PM
HB 4
HJR 7 - Sponsor Statement.pdf HJUD 1/17/2024 1:00:00 PM
HJR 7
HJR 7 - v.B.PDF HJUD 1/17/2024 1:00:00 PM
HJR 7
HJR 7 - Sectional Analysis.pdf HJUD 1/17/2024 1:00:00 PM
HJR 7
HJR 7 - Div. of Elections Fiscal Note.pdf HJUD 1/17/2024 1:00:00 PM
HJR 7
HJR 7 Presenatation - Permanent Fund Dividend.pdf HJUD 1/17/2024 1:00:00 PM
HJR 7