Legislature(2021 - 2022)GRUENBERG 120
04/19/2021 01:00 PM House JUDICIARY
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| Audio | Topic |
|---|---|
| Start | |
| HB66 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| += | HB 66 | TELECONFERENCED | |
ALASKA STATE LEGISLATURE
HOUSE JUDICIARY STANDING COMMITTEE
April 19, 2021
1:32 p.m.
MEMBERS PRESENT
Representative Matt Claman, Chair
Representative Liz Snyder, Vice Chair
Representative Harriet Drummond
Representative Jonathan Kreiss-Tomkins
Representative David Eastman
Representative Christopher Kurka
Representative Sarah Vance
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
HOUSE BILL NO. 66
"An Act relating to voting, voter qualifications, and voter
registration; relating to poll watchers; relating to absentee
ballots and questioned ballots; relating to election worker
compensation; and providing for an effective date."
- MOVED CSHB 66(JUD) OUT OF COMMITTEE
PREVIOUS COMMITTEE ACTION
BILL: HB 66
SHORT TITLE: ELECTIONS, VOTING, BALLOTS
SPONSOR(s): REPRESENTATIVE(s) TUCK
02/18/21 (H) PREFILE RELEASED 1/15/21
02/18/21 (H) READ THE FIRST TIME - REFERRALS
02/18/21 (H) STA, JUD
04/09/21 (H) STA REFERRAL MOVED TO AFTER JUD
04/09/21 (H) BILL REPRINTED
04/12/21 (H) JUD AT 1:00 PM GRUENBERG 120
04/12/21 (H) Heard & Held
04/12/21 (H) MINUTE(JUD)
04/14/21 (H) JUD AT 1:00 PM GRUENBERG 120
04/14/21 (H) Heard & Held
04/14/21 (H) MINUTE(JUD)
04/19/21 (H) JUD AT 1:00 PM GRUENBERG 120
WITNESS REGISTER
CAROL THOMPSON, Division Operations Manager
Division of Elections
Office of the Lieutenant Governor
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
66.
TOM FLYNN, Assistant Attorney General
Labor and State Affairs Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
66.
ACTION NARRATIVE
1:32:25 PM
CHAIR MATT CLAMAN called the House Judiciary Standing Committee
meeting to order at 1:32 p.m. Representatives Drummond, Kreiss-
Tomkins, Snyder (via teleconference) and Claman were present at
the call to order. Representatives Eastman, Kurka, and Vance
arrived as the meeting was in progress.
HB 66-ELECTIONS, VOTING, BALLOTS
1:33:04 PM
CHAIR CLAMAN announced that the only order of business would be
HOUSE BILL NO. 66, "An Act relating to voting, voter
qualifications, and voter registration; relating to poll
watchers; relating to absentee ballots and questioned ballots;
relating to election worker compensation; and providing for an
effective date."
CHAIR CLAMAN reminded the committee that Legislative Legal
Services has permission to make any technical and conforming
changes to the bill.
1:34:01 PM
REPRESENTATIVE SNYDER moved Amendment 1, labeled 32-LS0322\B.2,
Klein, 4/16/21, which read as follows:
Page 13, line 13, following "section":
Insert "and notice of the ballot curing process under
AS 15.20.204"
REPRESENTATIVE DRUMMOND objected for the purposes of discussion.
REPRESENTATIVE SNYDER explained that Amendment 1 would address
an issue found on page 13, line 13 and would provide instruction
regarding notifying voters when their ballot had been rejected
and it would include the reason for rejection and whether it may
be cured.
1:35:09 PM
CHAIR CLAMAN sought questions from the committee on Amendment 1.
REPRESENTATIVE DRUMMOND removed her objection to Amendment 1.
1:35:42 PM
CHAIR CLAMAN stated that, there being no further discussion or
objection, Amendment 1 was adopted.
1:35:46 PM
REPRESENTATIVE SNYDER moved Amendment 2, labeled 32-LS0322\B.3,
Klein, 4/16/21, which read as follows:
Page 14, lines 7 - 8:
Delete "the completion of the state ballot counting
review"
Insert "10 days after the election"
REPRESENTATIVE DRUMMOND objected for the purposes of discussion.
REPRESENTATIVE SNYDER explained that Amendment 2 would address
an issue found on page 14, lines 7 through 8 and would establish
a date by which a cured ballot must be received, 10 days after
the election. She further explained that the date had been
found to be consistent with other ballot receipt deadlines, such
as that for international absentee ballots.
1:37:30 PM
REPRESENTATIVE KURKA asked what deadline exists currently to
receive ballots, as comparted to when they must be postmarked,
to be counted in an election.
1:38:07 PM
REPRESENTATIVE SNYDER referred to AS 15.20.081 (h) 1 - 2 and
stated that when absentee ballots are returned by mail they must
be received on or before the tenth day following a primary
election, and on or before the fifteenth day following a general
election, special election, or special runoff election, for
ballots returned by an international voter.
1:39:16 PM
CAROL THOMPSON, Division Operations Manager, Division of
Elections, answered questions during the hearing on HB 66 and
stated that she had nothing further to add to Representative
Snyder's answer to Representative Kurka's question.
1:39:32 PM
CHAIR CLAMAN asked whether the adoption of Amendment 2 would
result in a voter being required to complete the cure within the
deadline following an election.
REPRESENTATIVE SNYDER affirmed this as correct.
1:40:16 PM
REPRESENTATIVE DRUMMOND removed her objection to Amendment 2.
1:40:21 PM
CHAIR CLAMAN stated that, there being no further discussion or
objection, Amendment 2 was adopted.
1:40:27 PM
REPRESENTATIVE SNYDER moved Amendment 3, labeled 32-LS0322\B.4,
Klein, 4/16/21, which read as follows:
Page 14, line 14, following "division":
Insert "or postmarked"
REPRESENTATIVE DRUMMOND objected for the purposes of discussion.
1:40:33 PM
REPRESENTATIVE SNYDER explained that Amendment 3 would address
an issue found on page 14, line 14 and would provide
clarification that an issue found with a ballot that may be
curable and would provide an opportunity to address the issue of
when a ballot had a problem with a date on or before the
election date.
1:41:56 PM
REPRESENTATIVE EASTMAN recalled previous testimony in which it
was revealed that some ballots do not bear postmarks. He asked
what the status of a ballot without a postmark received after
election day would be and how the intent of this amendment would
pertain to those ballots.
1:42:37 PM
MS. THOMPSON explained that when a ballot is received on or
before election day that does not have a postmark, the division
would accept it as received timely. She further added that,
should a ballot received after election day that does not have a
postmark, the division would review the witness signature date,
and if it was on or before election day, the ballot would be
accepted. She stated that ballots that have neither a postmark
nor a witness date on or before election day and are received
after election day may not be accepted by the division.
1:43:27 PM
CHAIR CLAMAN asked, on behalf of Representative Eastman, whether
the proposed amendment would change that process in any way.
1:43:35 PM
REPRESENTATIVE SNYDER stated that the intent of the amendment
was not to interfere with the acceptance of which ballots
received on or before election day could be subject to rejection
and asked for an opinion on any possible effect Amendment 3
could have to the division's process not previously considered.
1:44:15 PM
CHAIR CLAMAN asked the division to interpret whether the
amendment would result in a change to division practices.
1:44:27 PM
MS. THOMPSON recommended that the question to be answered by the
Department of Law.
1:45:04 PM
TOM FLYNN, Assistant Attorney General, Labor and State Affairs
Section, Civil Division (Anchorage), Department of Law, answered
that there exist two potential issues: if a certificate is
either not dated, or if it has some other date [after election
day] on it. He stated that the date is furnished by the
witness, and if a date is missing or incorrect and the ballot is
received on or before election day or is postmarked on or before
election day, there is no issue. He explained that the other
scenario in which a witness may provide a date after the
election and speculated that scenario seemed unlikely. He
opined that adoption of the amendment should not affect the
division's practices.
1:46:05 PM
REPRESENTATIVE EASTMAN asked that, should Amendment 3 be
adopted, what effect would this amendment have on a ballot that
did not bear a postmark.
1:47:00 PM
MR. FLYNN answered that, should a ballot with no postmark be
received after election day, the ballot would not be counted and
there would not be an opportunity for a voter to cure it.
1:47:33 PM
CHAIR CLAMAN asked whether the amendment under consideration
affecting AS 15.20.204 pertained only to cured ballots, and not
to ballots that were not subject to the cure provision.
MR. FLYNN opined that it would not pertain to ballots not
subject to the cure provision and added that the amendment
pertains to ballots that may be curable. He further added that
ballots that have no date, no postmark, and are not received
timely would not be curable.
1:48:38 PM
REPRESENTATIVE EASTMAN asked for affirmation that his
understanding, should Amendment 3 pass, that a ballot received
with no postmark, and received after election day would not be
counted, is correct.
MR. FLYNN agreed with Representative Eastman's summation but
requested that Ms. Thompson offer her understanding.
1:49:03 PM
MS. THOMPSON said that, should a ballot bear a date on or before
election day it would be counted if it was received on or after
election day.
1:49:47 PM
REPRESENTATIVE DRUMMOND expressed her confusion and asked to
confirm that when a ballot bears a witness signature dated on or
before election day, and a ballot was not postmarked on or
before election day, the witness date would [qualify] the ballot
to be counted.
MS. THOMPSON answered that current practice would allow a
witness date on or before election day to qualify a vote to be
counted as received timely.
1:50:42 PM
REPRESENTATIVE DRUMMOND asked that, should the witness signature
requirement be eliminated should HB 66 pass, what [date] would
then be used as the certificate.
CHAIR CLAMAN offered that the witness requirement would not be
eliminated should HB 66 pass.
REPRESENTATIVE DRUMMOND asked for further confirmation that the
witness date would be used for the certificate [to qualify a
vote received after election day with no postmark].
MS. THOMPSON confirmed this as correct.
1:51:39 PM
CHAIR CLAMAN stated that, there being no further comments or
questions, and with the removal of Representative Drummond's
objection, Amendment 3 was adopted.
1:52:05 PM
CHAIR CLAMAN stated that HB 66, as amended, was before the
committee.
1:52:20 PM
REPRESENTATIVE SNYDER thanked the bill sponsor for collaborating
on the amendments.
1:52:34 PM
REPRESENTATIVE VANCE thanked the bill sponsor and added that a
deeper consideration of voting issues in Alaska was warranted.
1:53:14 PM
REPRESENTATIVE EASTMAN expressed his concern that the proposed
legislation may not align with current practices. He recalled
previous testimony and suggested it warranted further discussion
regarding dates and signatures appearing on ballots. He
expressed his concern that a witness signature requirement had
been waived by the court in the previous election. He expressed
his concern that statute may not be followed.
1:54:58 PM
REPRESENTATIVE KURKA expressed his gratitude for the sponsor
bringing the bill forward for consideration and the ensuing
discussion; however, he could not support the bill in its
current form. He echoed the concerns expressed by
Representative Eastman that statute may not be followed.
1:56:15 PM
REPRESENTATIVE KREISS-TOMKINS expressed his support for the
bill.
1:56:26 PM
CHAIR CLAMAN expressed his appreciation of the work involved on
HB 66 and expressed his support for the bill.
1:56:49 PM
REPRESENTATIVE SNYDER moved to report HB 66, as amended, out of
committee with individual recommendations and the accompanying
fiscal notes.
REPRESENTATIVE EASTMAN objected.
1:57:03 PM
A roll call vote was taken. Representatives Kreiss-Tomkins,
Drummond, Snyder (via Teams), and Claman voted in favor of HB
66. Representatives Eastman, Kurka, and Vance voted against it.
Therefore, HB 66 was reported out of the House Judiciary
Standing Committee by a vote of 4-3.
1:58:59 PM
ADJOURNMENT
There being no further business before the committee, the House
Judiciary Standing Committee meeting was adjourned at 1:58 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB 66 v. B 2.18.2021.PDF |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Sponsor Statement v. B 4.12.2021.pdf |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Sectional Analysis v. B 4.12.2021.pdf |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Additional Document - Alaska 2020 Ballot Statistics 4.12.2021.pdf |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Additional Document - National Vote at Home Institute 2020 Review 4.12.2021.pdf |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Additional Document - Sightline Institute Absentee Voting Article 12.15.2020.pdf |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Supporting Document - Letters Received as of 4.8.2021.pdf |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Supporting Document - Testimony Received as of 4.19.2021.pdf |
HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Opposing Document - Testimony Received as of 4.19.2021.pdf |
HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 Fiscal Note OOG-DOE 4.9.2021.pdf |
HJUD 4/12/2021 1:00:00 PM HJUD 4/14/2021 1:00:00 PM HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 v. B Amendments #1-3 HJUD 4.19.2021.pdf |
HJUD 4/19/2021 1:00:00 PM |
HB 66 |
| HB 66 v. B Amendments #1-3 HJUD Final Votes 4.19.2021.pdf |
HJUD 4/19/2021 1:00:00 PM |
HB 66 |