Legislature(2021 - 2022)BUTROVICH 205
04/08/2022 01:30 PM Senate JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| SB229 | |
| HB157 | |
| SB39 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| += | SB 229 | TELECONFERENCED | |
| += | HB 157 | TELECONFERENCED | |
| + | TELECONFERENCED | ||
| += | SB 39 | TELECONFERENCED | |
SB 39-BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
2:21:08 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 39
"An Act relating to elections; relating to voter registration;
relating to ballots and a system of tracking and accounting for
ballots; establishing an election offense hotline; designating
as a class A misdemeanor the collection of ballots from other
voters; designating as a class C felony the intentional opening
or tampering with a sealed ballot, certificate, or package of
ballots without authorization from the director of the division
of elections; and providing for an effective date."
CHAIR HOLLAND noted that this was the third hearing. The
committee heard the introduction and took public testimony in
May 2021. He noted that there was a committee substitute (CS)
for the committee to consider.
2:21:32 PM
SENATOR SHOWER moved to adopt the CS for SB 39, work order 32-
LS0204\D, as the working document.
2:22:00 PM
CHAIR HOLLAND objected for discussion purposes.
2:22:11 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State
Legislature, Juneau, Alaska, paraphrased the sectional analysis
for SB 39, Version D, on behalf of the sponsor. He stated that
the changes were extensive.
[Original punctuation provided.]
2:22:42 PM
Sectional Analysis
CS for Senate Bill 39 (JUD) Version 32-LS0204\D
Section 1: This section deletes the requirement that a
person must be registered to vote before the election
in order to cast a ballot. Deleting this requirement
is necessary to allow for registration within 30 days
of an election, an option that is currently only
available for Presidential elections in Alaska.
Section 2: This section requires a person registering
to vote to sign an acknowledgement that if they were
previously registered in another jurisdiction, the
director of elections will notify the jurisdiction
that the person has registered to vote in Alaska and
request cancellation of the person's registration in
that jurisdiction. This section also allows a
registrant to submit an electronic image of their
signature (i.e. a photograph of their signature) for
purposes of voter registration, using procedures set
out by the Division of Elections. This section also
defines procedures for individuals registering to vote
within 30 days of an election, requiring that they
sign an affidavit attesting to residency requirements
for voting and provide identification establishing
residency.
2:23:28 PM
MR. OGAN stated that this was a major departure from the current
requirement that people must register 30 days before an
election.
Section 3: This section provides that a registration
applicant can designate a language preference for
ballot and election materials among the written
languages required for election materials under
federal law. Once a person designates a language
preference, the Division of Elections will continue to
provide the person with materials in that language
until the person's registration is inactivated or
canceled, or language coverage expires under federal
law.
Section 4: This section provides that anyone
registering within 30 days of an election may only
vote an absentee in-person, special needs, or
questioned ballot, not a regular ballot.
Section 5: This section provides that the certificate
used for voting an absentee in-person, special needs,
or questioned ballot must provide an option for a
voter to indicate a political party preference.
2:24:17 PM
Section 6: This section provides that anyone re-
registering within 30 days of an election because
their registration has previously been canceled may
only vote an absentee in-person, special needs, or
questioned ballot, not a regular ballot.
Section 7: This section provides that if a person
makes a request to transfer their registration from
one precinct to another within 30 days of an election,
the person may only vote an absentee in-person,
special needs, or questioned ballot, not a regular
ballot.
Section 8: This section provides that a person who
claims to be a registered voter, but for whom no
evidence of registration in a precinct can be found,
may only vote an absentee in- person, special needs,
or questioned ballot, not a regular ballot.
Section 9: This section re-names absentee voting
stations" as early voting stations."
Section 10: This section mandates that the Division of
Elections adopt regulations for regular review and
updates of the master voter registration file,
including review for data breaches, ineligible and
deceased voters, and individuals registered in other
states. The regulations must specify records and
databases for review, including Postal Service
records, information from other states' election
departments, state motor vehicle records, and tax
records
Section 11: This section requires the Director of
Elections to provide a process for voters to
voluntarily cancel their voter registration, either
in-person or electronically, and to prominently
display instructions for the voluntary cancellation
process at each polling place
Section 12: This section permits candidates to appoint
one or more watchers per precinct and counting center
in a primary election. With authorization from the
Director of Elections, an organization sponsoring or
opposing a ballot proposition or recall may also have
one or more watchers at the polls and counting
centers.
2:26:10 PM
Section 13: This section re-organizes the provisions
governing watchers, with only one substantive change.
The only substantive change is that if an election
board exercises its discretion to request written
proof of appointment from a watcher, the proof must be
signed by the chair of the applicable party, district
committee, or organization, or by the candidate.
Section 14: This section requires official ballots to
include a watermark, seal, or other identifier,
according to regulation issued by the Director of
Elections.
Section 15: This section requires the Director of
Elections to issue regulations regarding ballot
security and chain of custody to account for the
location and custody of all ballots, certificates, and
envelopes from the time of printing until 22 months
after the applicable election is certified. The
Director shall also develop by regulation a process
for voiding unused, spoiled, and unopened ballots
following an election. The Director must also
establish a toll-free election offense hotline for
reporting of election offenses and publicize the
availability of this hotline.
Section 16: This section requires the Division of
Elections to provide language assistance at polling
places for languages required by federal law. The
availability of language assistance shall be
publicized at appropriate polling places.
2:27:15 PM
Section 17: This section moves the declaration for
questioned ballots to a new subsection contained in
Section 18: This section revises the declaration for
questioned ballots to allow for such ballots to be
used for registration within 30 days of an election.
Section 19: This section clarifies that a voter
casting a questioned ballot must complete the
declaration required by Section 18
Section 20: This section requires the Director of
Elections to conduct a risk-limiting audit of results
for each state election prior to certification. The
Director shall adopt regulations for implementing and
administering risk-limiting audits, in consultation
with experts.
Section 21: This section requires the Director of
Elections to make instructions regarding the online
system for tracking absentee ballots available to
absentee voters.
Section 22: This section requires the return envelope
for an absentee ballot to be postage-paid. This
section also removes the witness requirement for
absentee ballots, as this bill separately requires
signature verification for mail ballots.
Section 23: This section re-names "absentee voting
stations" as "early voting stations" and requires
designated early voting stations to remain in effect
until the location is no longer available for use as
an early voting station or the Director of Elections
makes a public written determination that the location
is no longer appropriate for use as an early voting
station.
Section 24: This section re-names "absentee voting
stations" as "early voting stations."
Section 25: This section requires the Director of
Elections to appoint at least one registration
official to serve in each early voting station during
early voting hours and allows appointed election
officials to also serve as registration officials.
Section 26: This section re-names "absentee voting
stations" as "early voting stations." Section 27: This
section re-names "absentee voting stations" as "early
voting stations."
2:30:05 PM
MR. OGAN continued to paraphrase the sectional analysis for SB
39.
[Original punctuation provided.]
Section 28: This section requires that election
officials verify that when a voter appears for early
voting, the voter's residence address, as it appears
on the registration list for the election where the
voter appears, is current.
Section 29: This section provides that if a voter's
eligibility cannot be immediately verified by an
election official, the voter shall cast an absentee
in-person. The voter's eligibility to vote can be
determined when the absentee ballot is evaluated for
counting.
Section 30: This section provides that an absentee
ballot application may be provided by mail only when
an eligible voter requests an application. Such
applications must be sent to a voter only by U.S. mail
and only by the Division of Elections, an officially
registered candidate, a recognized political party, or
a group sponsoring a ballot measure, and may not be
pre-filled for the voter. An application must
prominently identify its sender and display
"Application only/Not a ballot" on the exterior of the
envelope.
Section 31: This section re-names "absentee voting
stations" as early voting stations."
Section 32: This section provides that an absentee
ballot application must permit a person to declare a
political party affiliation. In addition, an absentee
ballot application submitted electronically shall also
allow a person to register to vote
Section 33: This section removes the requirement that
absentee ballots be witnessed or attested to before an
official, as this bill separately requires signature
verification for mail ballots.
2:32:06 PM
MR. OGAN continued to paraphrase the sectional analysis for SB
39.
[Original punctuation provided.]
Section 34: This section permits a ballot received
after election day to be accepted if a U.S. Postal
Service tracking barcode information verifies that the
ballot was mailed on or before election day,
notwithstanding the absence of a postmark or a
postmark after election day.
Section 35: This section provides that an absentee
ballot application must include an option for a voter
to receive absentee ballots for all regularly
scheduled elections. The voter will not be required to
reapply for an absentee ballot unless the voter has
not voted an absentee ballot for four years or an
absentee ballot is returned as undeliverable. This
section also provides that if a voter requests to
receive a mail ballot in a language other than English
required by federal law, the Director of Elections
shall provide the ballot and election materials in the
language requested.
2:32:55 PM
MR. OGAN continued to paraphrase the sectional analysis for SB
39.
[Original punctuation provided.]
Section 36: This section allows absentee ballot
certificates and envelopes to be reviewed beginning 10
days before election day, as opposed to 7 days before
election day under current law. This section also
clarifies that an absentee ballot may not be counted
until the accompanying voter certificate has been
reviewed.
Section 37: This section permits absentee ballots that
have been reviewed to be counted beginning 7 days
prior to election day, as opposed to on election day.
The first count of absentee ballots must be reported
to the district counting board not later than 8:00 pm
on election day.
Section 38: This section requires that absentee ballot
envelopes be examined to ensure the signature on the
certificate is consistent with the signature in the
voter's registration record.
Section 39: This section provides that, in addition to
reasons provided under existing law, an absentee
ballot may be rejected if the voter (a) has failed to
properly sign, (b) has failed to sign on or before the
date of the election, (c} the ballot is delivered by
mail after election day and is not postmarked on or
before election day or does not have a U.S. Postal
Service tracking barcode that verifies mailing on or
before election day, or (d) the signature on the
certificate is not consistent with the signature in
the voter's registration record. This section also
removes the basis for rejecting an absentee ballot due
to lack of a witness or attesting official signature.
2:34:32 PM
Section 40: This section provides guidelines for
signature verification on absentee ballot envelope
certificates. Such signature matching shall include
signature comparison software, according to
regulations adopted by the Director of Elections, as
well as training of election officials on signature
matching
Section 41: This section provides that absentee
ballots that have been properly cured should be
counted.
Section 42: This section requires the Director of
Elections to establish an online ballot tracking
system, through which a voter may track the sending,
delivery, and receipt of the voter's ballot, determine
if the ballot has been reviewed and counted, and
receive instructions for curing the ballot. This
section also establishes cure procedures where a voter
whose ballot is rejected due to a defect with the
certificate envelope must be notified of the defect
and provided an opportunity to cure the ballot defect
by providing identification and a signature within 14
days of the election.
Section 43: This section permits the Director of
Elections to conduct all-mail elections for elections
other than a general, statewide, or federal election
in certain smaller communities, or in areas affected
by a disaster during a disaster declaration. Section
44: This section requires the Division of Elections to
conduct a forensic examination of each precinct
tabulator before and after each election, and to
develop and apply strict chain-of- custody protocols
for precinct tabulators and storage devices. Precinct
tabulators may not be connected to the Internet or a
cellular network from 24 hours prior to polls opening
until 14 days after the polls close.
2:36:54 PM
MR. OGAN continued to paraphrase the sectional analysis for SB
39.
[Original punctuation provided.]
Section 45: This section provides that the Director of
Elections may only approve a voting machine or vote
tally system with open-source software technology.
Section 46: This section provides that an absentee
ballot return envelope with postage paid is not
considered a thing of value under the prohibition for
providing compensation for voting.
Section 47: This section provides that a person
commits voter misconduct in the first degree if the
person votes or attempts to vote in the name of
another person who is cognitively unable to express
that person's vote.
Section 48: This section provides that a person
commits the crime of unlawful interference with an
election if the person (1) intentionally and opens or
tampers with an sealed or signed absentee ballot or
package of ballots without express authorization from
the Director of Elections, or (2) intentionally
breaches, hacks, or tampers with election machinery.
Section 49: This section provides that a person
commits the crime of election fraud if the person
violates AS 15.56.060 and the violation changes the
outcome of the election.
Section 50: This section provides that an election
official commits the crime of election official
misconduct in the first degree if they knowingly
disclose election results or any confidential election
data before closing of polls to a person who is not an
election official. Section 51: This section specifies
that the definition of "election" includes any
election conducted by the Division of Elections, not
just state elections.
Section 51: This section specifies that the definition
of "election" includes any election conducted by the
Division of Elections, not just state elections.
2:39:15 PM
MR. OGAN continued to paraphrase the sectional analysis for SB
39.
[Original punctuation provided.]
Section 52: This section requires the Director of
Elections to create a cybersecurity program to defend
voter registration records against cyber-attacks and
data breaches, detect and recover from cyberattacks,
and provide for cybersecurity training for election
officials.
Section 53: This section sets minimum compensation for
election officials.
Section 54: This section re-names "absentee voting
stations" as "early voting stations."
Section 55: This section provides that a person who
has lived within a municipality for at least 30 days
but has not registered 30 days before a municipal
election, may only vote an absentee, special needs, or
questioned ballot in the municipal election, not a
regular ballot. However, a municipality may set
different rules for elections held only in specific
local election districts or service areas.
2:40:14 PM
MR. OGAN continued to paraphrase the sectional analysis for SB
39.
[Original punctuation provided.]
Section 56: This section repeals provisions requiring
notice of rejected absentee ballots to be provided to
voters within 10 days of certification of a primary
election and 30 days of certification of a general
election. This section also repeals a provision
requiring that registration for municipal elections be
made 30 days prior to an election.
Section 57: This section provides that the provisions
of the bill on election crimes, specifically Sections
46-50, apply to offenses committed on or after the
effective date of the bill.
Section 58: This section permits the Department of
Revenue and the Division of Elections to adopt
regulations necessary to implement the changes in the
bill. The regulations take effect under the
Administrative Procedures Act, but not before the
effective date of the law implemented by the
regulation.
2:41:09 PM
Section 59: This section specifies that Section 45
takes effect January 1, 2028.
Section 60: This section specifies that Section 58
takes effect immediately.
Section 61: This section specifies that the remaining
provisions of the bill take effect January 1, 2023.
2:41:46 PM
SENATOR SHOWER noted that SB 39 had been a long process that
included working with other legislators to craft a bipartisan
bill. He characterized it as a complicated bill. He acknowledged
that the bill was a work in progress, so some technical changes
or minor changes may be necessary. He stated the intent was to
create a bill that would take some initial steps.
2:44:27 PM
SENATOR HUGHES asked whether similar legislation was in the
House.
SENATOR SHOWER answered yes. Although there were differences in
the bills, he was continuing to hold discussions on ballot
custody and elections to craft legislation that may pass the
legislature this year.
2:46:39 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Version D was adopted.
2:46:59 PM
SENATOR HUGHES referred to Section 28, which requires the
official to verify whether the voter's address is still current.
She asked whether the person could still vote if their address
was not current. She further asked for the process to update the
address in the system.
2:47:34 PM
MR. OGAN responded that Section 28 is existing law. The only
change was to add "for that election" to provide specificity.
2:48:21 PM
SENATOR MYERS referred to Section 5. He said that it appeared as
though the voter's political party would be listed on the
absentee envelope.
SENATOR SHOWER answered yes.
SENATOR MYERS related that the country had held discussions
about voter access and election integrity, but voter anonymity
is vital. He acknowledged some secrecy is given up when voting
absentee but was concerned about the loss of anonymity by
putting someone's party affiliation on the absentee ballot
envelope. It might give someone a clue about the vote cast.
MR. OGAN answered that a lot of information is on the absentee
ballot envelope. However, he was unsure of the details. The
division has poll watchers, and the ballot does not stay with
the envelope, although the envelope is preserved for 22 months
by federal law.
2:51:31 PM
CHAIR HOLLAND asked whether the party affiliation was necessary
to verify the voter's identity to confirm voter eligibility.
2:51:49 PM
SENATOR MYERS stated that he was not concerned about someone
voting an in-person absentee ballot. He understood separating
the ballot in its secrecy envelope from the outside envelope. He
said that when someone fills out their ballot at their home and
mails it, it will be handled by mail carriers and contractors
before arriving at the Division of Elections office. He
indicated that the voter is tipping their hand because their
party affiliation is listed on the envelope.
2:52:57 PM
SENATOR SHOWER offered his view that this is a "may" not
"shall." He was unsure whether the voter had to fill it out. He
offered to follow up and report to the committee.
CHAIR HOLLAND referred to Section 5 relating to absentee in-
person voting. He noted that Senator Myers spoke about a regular
ballot that voters fill out at their residences. The division
would use this information for questioned or absentee ballots to
determine if the ballot is valid before it is comingled.
2:54:21 PM
SENATOR KIEHL referred to Section 30 on page 13. The division,
registered candidate, recognized political party or a group
sponsoring a ballot measure may provide an absentee ballot
application by mail when an eligible voter expressly requests an
application. He wondered about the rationale, risk, or problem
for restricting people from sending out forms to encourage
people to vote.
2:55:29 PM
MR. OGAN explained that Section 30 was in the original version
of the bill. He noted one issue was that the language says
"application," not "ballot," on the envelope's exterior. The
sponsor heard that people were receiving ballot applications and
thought it was the actual ballot. Lots of groups send out
absentee ballot applications. People called the division to
state they had not requested a ballot application. This
provision would require the person to request a ballot, and only
the division, officially registered candidate, or recognized
party can send a ballot application. The ballot application
materials must clearly identify it as an absentee ballot
request. Although it is not addressed in this section, all
official ballots must have a watermark. He stated that the goal
is to make it hard to cheat but easy to vote.
2:57:48 PM
SENATOR KIEHL agreed that reducing confusion for voters was an
excellent service. He noted that he sent a newsletter to all
constituents when the pandemic began and put a form in each one.
He recalled placing a starburst on the envelope indicating a
vote by mail form or an absentee ballot request form was
enclosed. He offered his view that getting people the form to
request a ballot makes it easier for them to vote. He was unsure
about the restrictions that make it less easy to exercise
options.
MR. OGAN responded that voters would have plenty of
opportunities because an officially registered candidate,
recognized party, or group sponsoring a ballot measure would
send the voter a ballot application.
SENATOR SHOWER remarked that the Republican Party recommended
the provision to allow political parties to send out ballot
applications. He said he did not view this as limiting people.
3:00:28 PM
CHAIR HOLLAND held SB 39 in committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| CS HB 157 (SJUD) version G.pdf |
SJUD 4/8/2022 1:30:00 PM |
HB 157 |
| HB 157 Summary of Changes (version G).pdf |
SJUD 4/8/2022 1:30:00 PM |
HB 157 |
| HB 157 Amendment #1 (G.1).pdf |
SJUD 4/8/2022 1:30:00 PM |
HB 157 |
| HB 157 Amendment #2 (G.2).pdf |
SJUD 4/8/2022 1:30:00 PM |
HB 157 |
| CS for SB 39 (SJUD) version D.pdf |
SJUD 4/8/2022 1:30:00 PM SJUD 4/18/2022 1:30:00 PM SJUD 4/20/2022 1:00:00 PM |
SB 39 |
| SB 39 sectional version D.pdf |
SJUD 4/8/2022 1:30:00 PM |
SB 39 |
| SB 39 Letter of Opposition.docx |
SJUD 4/8/2022 1:30:00 PM |
SB 39 |