02/11/2025 03:15 PM House STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| HB21 | |
| HB43 | |
| HB4 | |
| HB63 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 21 | TELECONFERENCED | |
| *+ | HB 43 | TELECONFERENCED | |
| *+ | HB 63 | TELECONFERENCED | |
| *+ | HB 4 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
HOUSE STATE AFFAIRS STANDING COMMITTEE
February 11, 2025
3:15 p.m.
DRAFT
MEMBERS PRESENT
Representative Ashley Carrick, Chair
Representative Andi Story, Vice Chair
Representative Rebecca Himschoot
Representative Ky Holland
Representative Sarah Vance
Representative Kevin McCabe
Representative Elexie Moore
MEMBERS ABSENT
All members present.
COMMITTEE CALENDAR
HOUSE BILL NO. 21
"An Act relating to voter preregistration for minors at least 16
years of age; and relating to confidentiality of voter
registration and preregistration records of minors at least 16
years of age."
- HEARD & HELD
HOUSE BILL NO. 43
"An Act relating to elections; relating to voters; relating to
the crime of unlawful interference with voting; and providing
for an effective date."
- HEARD & HELD
HOUSE BILL NO. 4
"An Act relating to write-in candidates for President and Vice-
President of the United States."
- HEARD & HELD
HOUSE BILL NO. 63
"An Act relating to regional educational attendance area
elections; relating to terms for members of regional school
boards; relating to voter residence; relating to voter
registration; relating to the inclusion of voter registration
forms in permanent fund dividend applications; relating to
election administration; relating to ballot counting; relating
to absentee voting; relating to early voting; relating to voting
by mail; relating to publication of election pamphlets; and
relating to confidential information in voter registration
records."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 21
SHORT TITLE: VOTER PREREGISTRATION FOR MINORS
SPONSOR(s): REPRESENTATIVE(s) STORY
01/22/25 (H) PREFILE RELEASED 1/10/25
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) STA, JUD
02/11/25 (H) STA AT 3:15 PM GRUENBERG 120
BILL: HB 43
SHORT TITLE: ELECTIONS, VOTING, BALLOTS
SPONSOR(s): REPRESENTATIVE(s) SCHRAGE
01/22/25 (H) PREFILE RELEASED 1/17/25
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) STA, FIN
02/11/25 (H) STA AT 3:15 PM GRUENBERG 120
BILL: HB 4
SHORT TITLE: PRESIDENTIAL WRITE-IN VOTES
SPONSOR(s): REPRESENTATIVE(s) SADDLER
01/22/25 (H) PREFILE RELEASED 1/10/25
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) STA, JUD
02/11/25 (H) STA AT 3:15 PM GRUENBERG 120
BILL: HB 63
SHORT TITLE: SCHOOL&ELECTION BDS; VOTING; ELECTIONS
SPONSOR(s): RULES BY REQUEST OF THE GOVERNOR
01/22/25 (H) READ THE FIRST TIME - REFERRALS
01/22/25 (H) STA, FIN
02/11/25 (H) STA AT 3:15 PM GRUENBERG 120
WITNESS REGISTER
HONOUR MILLER AUSTIN, Staff
Representative Andi Story
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Story, prime
sponsor, presented the sectional analysis for HB 21.
CAROL BEECHER, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Answered questions during the hearing on HB
21, HB 43, and HB 4; presented HB 63 and responded to questions.
MICHAELA THOMPSON, Division Operations Manager
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Responded to questions during the hearing
on HB 21.
MARION CLOUGH, Member
League of Women Voters
Anchorage, Alaska
POSITION STATEMENT: Testified in support of HB 21.
AMY GALLAWAY, Retired Fairbanks Civics Teacher
Fairbanks, Alaska
POSITION STATEMENT: Testified in support of HB 21.
MADISON ARREOLA
Anchorage Youth Vote
Eagle River, Alaska
POSITION STATEMENT: Testified in support of HB 21.
REPRESENTATIVE CALVIN SCHRAGE
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, presented HB 43 and read
the sponsor statement.
ERIK GUNDERSON, Staff
Representative Calvin Schrage
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of prime sponsor, Representative
Schrage, gave a presentation outlining HB 43
THOMAS FLYNN, Assistant Attorney General
Labor and State Affairs Section
Civil Division (Anchorage)
Department of Law
Anchorage, Alaska
POSITION STATEMENT: Responded to questions during the hearing
on HB 43.
MICHAEL GARVEY, Policy Director
American Civil Liberties Union Alaska
Anchorage, Alaska
POSITION STATEMENT: As an invited testifier, testified in
support of HB 43.
REPRESENTATIVE DAN SADDLER, Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: As prime sponsor, introduced HB 4
DELORES NEAL, Staff
Representative Dan Saddler
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: On behalf of Representative Saddler, prime
sponsor, read the sectional analysis for HB 4
ACTION NARRATIVE
3:15:00 PM
CHAIR ASHLEY CARRICK called the House State Affairs Standing
Committee meeting to order at 3:15 p.m. Representatives Moore,
Vance, Holland, Himschoot, Story, and Carrick were present at
the call to order. Representative McCabe arrived as the meeting
was in progress.
HB 21-VOTER PREREGISTRATION FOR MINORS
3:16:00 PM
CHAIR CARRICK announced that the first order of business would
be HOUSE BILL NO. 21, "An Act relating to voter preregistration
for minors at least 16 years of age; and relating to
confidentiality of voter registration and preregistration
records of minors at least 16 years of age."
3:16:51 PM
REPRESENTATIVE STORY, as prime sponsor, introduced HB 21. She
asked everybody to think about HB 21 as a way to increase civic
engagement and impart knowledge about the voting process by
allowing 16-year-old Alaskans to pre-register to vote. She said
that they would still need to be 18 to vote but this proposed
bill would allow pre-registration. She said that voting is
fundamental to a healthy democracy for both the state and
country and getting the youth started is important. She said
that across the nation, young people aged 16-29 typically have
the lowest voter turnout of any age group. She said that many
adults complain about a lack of civics education for the youth,
and this results in a lack of knowledge of government and causes
reduced participation in voting. She said that currently in
Alaska, 90 days before the 18th birthday, youth are allowed to
pre-register to vote. She said that at this time many youths
are pre-occupied with graduation, post-secondary education, and
work decisions. She said that finding the time to pre-register
during this time can be difficult. She said that HB 21 seeks to
address these concerns by allowing 16-year-olds to pre-register
and allow access to the voting process.
REPRESENTATIVE STORY said that at 16 years old, most youth are
living at home and attending school, often taking a government
class. She opined that this is an opportune time to ensure the
youth have the support they need to pre-register for voting.
She said that research suggests that when youth are pre-
registered to vote, they are more likely to participate in
future voting matters and those who vote develop a habit to keep
voting. She said states like Florida, Louisiana, California,
and Colorado have already implemented youth voter pre-
registration and have seen an increased youth voter turnout.
She said that this bill would follow federal law and
automatically provide an opportunity to register youth when
receiving a driver's license at the Division of Motor Vehicles
(DMV). She said allowing the opportunity to pre-register during
this time would allow for easy access. She said the
confirmation postage would be mailed out 45 days before their
18th birthday to confirm voter details. She explained the
process to the committee members regarding confirming pre-
registered voters.
REPRESENTATIVE STORY said that this bill also would correct a
flaw that currently is in statute. She said HB 21 would
establish that the address and telephone numbers for anyone
under 18 shall remain confidential and not be subject to public
view. She said that currently, 17-year-olds who pre-register do
not have this confidentiality. She said in conclusion that HB
21 would allow access and civic opportunities for the next
generation to participate in the democracy and this bill would
bolster state participation in voting.
3:21:57 PM
HONOUR MILLER AUSTIN, Staff, Representative Andi Story, Alaska
State Legislature, on behalf of Representative Story, prime
sponsor, presented the sectional analysis [included in the
committee file] for HB 21, which read as follows [original
punctuation provided]:
Section 1: Adds new subsection (b) to AS 15.07.040 to
allow a person to preregister to vote if the person:
• Is at least 16 years of age; and
• Under 18 years of age; and
• Provides required information for voter registration
already in statute, with the replacement of a voter
registration declaration, supplemented with a
declaration that the person will be 18 years of age or
older within two years after the date of
preregistration.
Also adds new subsection (c) to AS 15.07.040 which
designates that the division shall register a person
who has preregistered to vote under AS 15.07.040 which
designates that the division shall register a person
who has a preregistered to vote under AS 15.07.040 (b)
90 days before the person turns 18 years of age and
forward them a registration card.
Section 2: Amends AS 15.07.195 to add new subsection
(e) to read,
• The address and telephone number of a person under
18 years of age who registers or preregisters to vote
are confidential.
3:23:55 PM
REPRESENTATIVE HOLLAND asked if there was a plan regarding
outreach to 16-year-olds that would now qualify for pre-
registration and have this option.
REPRESENTATIVE STORY responded that some of the invited
testimony could help address this question and that there is
some education that would need to be done but there currently
was no funding in the proposed bill for that.
REPRESENTATIVE HOLLAND asked whether somebody who is pre-
registered would receive information pertaining to elections
such as pamphlets even though they wouldn't be old enough to
vote.
REPRESENTATIVE STORY responded that an invited testifier could
better address this question.
3:26:09 PM
CAROL BEECHER, Director, Division of Elections, Office of the
Lieutenant Governor, in response to Representative Hollands
question regarding pamphlets, said that currently these types of
items are sent to voter households, and if anybody living in
that household was eligible to vote, then material would be
sent.
3:26:41 PM
REPRESENTATIVE MOORE asked if the proposed bill would exacerbate
problems with the current and problematic voter roll.
REPRESENTATIVE STORY responded that Ms. Beecher could best
answer this question.
MS. BEECHER responded that this group of pre-registered voters
would not be part of the list due to the confidentiality
component of the bill and would not be considered eligible
voters until they turned 18.
REPRESENTATIVE MOORE asked if a system was in place to keep
track of these voters and whether they were eligible to vote
when 18.
MS. BEECHER said that the Division of Elections anticipates
handling this much in the same fashion as 17-year-olds when pre-
registered. She said that they would be in the pre-registration
list until the system recognizes that they are soon to turn 18
and after they would be sent information to confirm the voter
details.
REPRESENTATIVE MOORE asked for confirmation that this is not
part of the bill yet, this process.
MS. BEECHER responded that is correct.
REPRESENTATIVE STORY added that an amendment was coming to
ensure that this happened.
3:29:04 PM
REPRESENTATIVE VANCE remarked that she had been advancing the
work to clean up voter rolls. She understood that the
Municipality of Anchorage and the Municipality of Juneau rely on
the rolls from the Division of Elections. She asked how the
proposed bill would impact the automatic distribution of ballots
for mail-in votes.
MS. BEECHER responded that she was not entirely familiar with
what the municipalities do when they send things out. She said
that another testifier could better address this question.
3:30:08 PM
MICHAELA THOMPSON, Division Operations Manager, Division of
Elections, Office of the Lieutenant Governor, said that the
division would only give the municipalities a list of active
voters and underage voter information would not be included.
REPRESENTATIVE VANCE stated that there were ongoing concerns
about Alaskans who received ballots for previous tenants who are
still on the roll but not at the address. She asked what
assurances can be given to ensure that this issue would not
occur.
MS. THOMPSON said this question could best be answered by Ms.
Beecher.
MS. BEECHER said that the way the current bill is written does
not include 16-year-olds on the list that would be accessible to
the municipalities.
REPRESENTATIVE VANCE asked how much time Ms. Beecher foresees
the Division of Elections needing to maintain this increase in
pre-registration.
MS. BEECHER responded that the Division of Elections is in the
process of redoing its voter registration system and this is a
big reason why this proposed bill has a zero fiscal note. She
said if the bill passes then it would be built into the system.
She said the voter roll transfer would be triggered by a
birthdate.
REPRESENTATIVE VANCE asked what happens if the pre-registered
voters do not reply to information that confirms voter details.
MS. BEECHER responded that if an individual did not reply then
they would not be registered for voting.
REPRESENTATIVE VANCE asked Representative Story what the overall
purpose of the bill is; she said that nothing prohibits 17-year-
olds from registering in advance to vote by their 18th birthday.
She said that currently the voter roll was in the process of
getting cleaned up and questioned adding more names to the roll.
REPRESENTATIVE STORY responded that these youth are in a pending
status. She said these names would be confidential and the bill
would ensure confidentiality for 17-year-olds as well by closing
a loophole. She said the whole intent of the proposed bill,
much like the other states that have passed legislation, is to
make younger people more aware of the voting process. She
reiterated that before an 18th birthday, a lot of upcoming
voting candidates are busy. She said that HB 21 seeks to
strengthen the democracy and that the other states that do this
see an increase of younger people voting. She said that she
doesn't see it as adding to the voter rolls because they are in
a pending status.
3:36:09 PM
REPRESENTATIVE HOLLAND asked for clarification regarding the
process for fully registering a pre-registered voter. He asked
whether pre-registered voters who turn 18, receive confirmation
paperwork or are automatically enrolled.
REPRESENTATIVE STORY responded that a card is mailed prior to
voting eligibility, and this would enroll voters. She said that
if pre-registered voters moved or were not eligible then they
would not be enrolled.
MS. BEECHER added that this was part of the proposed amendment
and not currently in the bill. She said the process for current
17-year-olds is that they can pre-register 90 days before an
election and when they do this the Division of Elections sends a
voter registration card and after completing this card, they
would be placed in the voter registration system.
3:39:21 PM
REPRESENTATIVE MOORE asked Representative Story, given research
on other states using pre-registration processes, whether there
had been any issues with pre-registered voters trying to vote
early and would there be a penalty.
REPRESENTATIVE STORY responded that they couldn't vote before 18
because they would not get a voter card, and they would need to
be 18 to receive the card. She said that she hadn't heard of
other states that had issues but could reach out.
3:40:20 PM
CHAIR CARRICK transitioned to invited testimony.
3:41:06 PM
MARION CLOUGH, Member, League of Women Voters, gave invited
testimony in support of HB 21. She said that the League of
Women Voters is a nonpartisan organization, and its position is
to encourage the maximum interest and participation in the
electoral process. The group believes that HB 21 would increase
civic engagement and encourage participation in the voting
process. She said that pre-registration creates good voting
habits by allowing a young person to be involved in civic
education early and while still living at home. She said the
proposed bill would also help eliminate barriers to voting and
would allow young people to have a confident voice. The League
of Women's Voters promotes civic education and not who or what
to vote for but how to vote. She said an example of one of the
nonpartisan programs supported by the League of Women Voters is
the Juneau's Capitol Students, Capitol Visits. She said this is
an opportunity for students to learn about various government
operations and allow them to learn about the procedures
associated with the legislature. Pre-registering youth at 16
can ease the process and allow them to become an active and
engaged voter.
3:43:39 PM
AMY GALLAWAY, Retired Fairbanks Civics Teacher, gave invited
testimony in support of HB 21. She said allowing nonpartisan
early voter registration can empower students to be more engaged
citizens by demystifying the registration process. She said it
can also make the registration process more relevant for
students because it then can be paired with increased school and
family support. She said that for 25 years she taught the
election process to high school students from all walks of life
and one experience they all had in common was the confusion
regarding the voting process. She said complexities in the
system can be addressed by adding pre-registration processes.
She said that while employed as a teacher, the school held
multiple registration drives each year. She said that last year
in her Alaska Studies Class, when talking about local elections,
she always had assignments where students needed to go home and
talk about what they were learning. She said that three
students told her that they took their parents to the polls and
for one student, their mother had never voted in a local
election before. She said that her student got their parents to
the poll. She said to imagine if a pre-registration process
could engage parental voters as well. She concluded by stating
that doing civics in school and having pre-registration would
increase voter engagement.
3:47:36 PM
MADISON ARREOLA, Anchorage Youth Vote, gave invited testimony in
support of HB 21. She said that voting is a powerful tool to
determine how people want democracy to be lead. She said that
democracy is a value that means something to everyone and not
just adults. She said that allowing everyone access to voting
is what matters. She said that voters aged 18-29 have the
lowest voter turnout of any age group. She said that everyone
in that age group has a right to vote and asked why this was the
case. She said that allowing 16-year-olds to preregister would
allow this age group to have a voice.
3:49:50 PM
CHAIR CARRICK announced that HB 21 was held over.
3:50:12 PM
The committee took an at-ease from 3:50 p.m. to 3:51 p.m.
HB 43-ELECTIONS, VOTING, BALLOTS
3:51:41 PM
CHAIR CARRICK announced that the next order of business would be
HOUSE BILL NO. 43, "An Act relating to elections; relating to
voters; relating to the crime of unlawful interference with
voting; and providing for an effective date."
3:52:13 PM
REPRESENTATIVE CALVIN SCHRAGE, Alaska State Legislature, as
prime sponsor, presented HB 43 and read the sponsor statement
[included in the committee file], which read as follows
[original punctuation provided]:
House Bill 43 seeks to ensure that every
eligible Alaskan voter has the opportunity to
participate in Alaska's elections in a safe, secure,
and accessible manner while ensuring valid votes are
not rejected due to minor, correctable errors. HB 43
accomplishes this by modernizing Alaska's elections,
eliminating the witness signature requirement,
creating a ballot curing process, extending early
voting to 30 days before an election, and implementing
same-day voter registration, among other changes.
The purpose of HB 43 is to remove barriers to the
ballot box at every stage of Alaska's election process
while promoting transparency and bolstering the
integrity of Alaska's elections.
3:54:23 PM
ERIK GUNDERSON, Staff, Representative Calvin Schrage, Alaska
State Legislature, on behalf of the prime sponsor,
Representative Schrage, gave a presentation outlining HB 43. He
stated that the goals of this legislation are to address current
barriers for eligible Alaska voters and clarify the voter
registration process while maintaining the integrity of the
election system.
MR. GUNDERSON discussed key changes associated with HB 43.
These changes include adjusting the voter registration deadline
to allow registration within 30 days of an election; extend
early voting from 15 to 30 days before an election; eliminate
witness signature requirements; establish pre-paid postage for
by-mail absentee ballots; and create a process for voters to
cure deficiencies on absentee ballots.
MR. GUNDERSON stated that HB 43 would allow voters to register
or update their voter registration within 30 days of an
election. For voters who register within 30 days, this bill
would require that they vote by question ballot, special needs,
or an absentee ballot. He said this would provide the Division
of Elections an opportunity to confirm their eligibility and
remarked that this is already allowed by law for presidential
elections. He reiterated that current law allows qualified
voters to vote early at designated stations or absentee in
person locations up to 15 days prior to an election. He said HB
43 would extend this period from 15 to 30 days while eliminating
the term "absentee voting station" and reclassifying it under
the existing category of an early voting station. He explained
that HB 43 would also provide the Division of Elections the
regulatory authority to designate which stations are operated
for persons to vote absentee.
MR. GUNDERSON explained that current law requires that absentee
ballots be signed by both the voter and a witness. He opined
that this creates an additional barrier for many Alaskans,
particularly rural communities and those serving overseas.
Under current rules this does not provide meaningful voter
protection since the Division of Elections cannot certify
signatures and there have been many instances in which these
signatures have been inadequate but still counted. He then
provided a list of the 10 states that require witness or notary
signatures on returned or absentee ballots. He mentioned that
Alaska is one of only 7 states that still require a signature
from a witness for mail-in ballots. Additionally, he remarked
that HB 43 would propose requiring prepaid postage for absentee
by-mail ballots. He then provided a list of 19 states that
require pre-paid postage.
MR. GUNDERSON then proceeded to explain that HB 43 also
establishes a process that allows curing ballots that may have a
missing signature or other mistakes. It would also establish
protocols for the Division of Elections to contact the voter,
explain ballot deficiencies, and how to amend the problems. He
remarked that approximately two-thirds of states require
election officials to notify voters if the ballot is ineffective
and give them the opportunity to cure it.
3:59:25 PM
REPRESENTATIVE HOLLAND asked about voter registration changes.
He asked if voters would be able to register on election day.
MR. GUNDERSON responded that yes, registration would be allowed
on the same day of election.
4:00:01 PM
CHAIR CARRICK remarked that ballot curing would be a valuable
tool for insufficient voter identification, and asked Mr.
Gunderson if he could provide an example of what it might look
like.
MR. GUNDERSON responded that even with the elimination of the
witness signature, there are many other reasons a ballot can be
thrown out. He said this can include a missing identifier, a
missing signature, or even putting the date in the wrong place.
He explained that HB 43 would provide channels to help address
these things.
4:01:20 PM
REPRESENTATIVE VANCE asked about witness signatures and what
measures under HB 43 would provide for authenticating voters
without a signature. She clarified that she was referring to
absentee, special needs, and all by-mail voting that require a
witness signature. She questioned what protections would be in
place to confirm the voter if the signature requirement were
removed.
MR. GUNDERSON said that there are multiple other protocols
existing in statute. He directed the question to Ms. Beecher.
4:03:00 PM
CAROL BEECHER, Director, Division of Elections, Office of the
Lieutenant Governor, responded that if the witness signature
were removed, the only verification would be the identifiers
that were provided by the voter. Currently, no signature
verification process is in place with state elections.
REPRESENTATIVE VANCE mentioned a data breach that affected
130,000 Alaskans that included personal identifiers that are now
on the dark web. She asked whether a bad actor could utilize
this information to obtain an absentee ballot and send it in
while appearing as someone else.
MS. BEECHER responded that it is possible that an individual
could apply for an absentee ballot if they had all the required
information to apply.
REPRESENTATIVE VANCE remarked that this reason is why she asked
the question regarding additional securities when removing the
witness signature. She asked about the registration expansion
from a 15- to 30-day expansion. She said essentially this would
create "a voting month," and she asked for the justification for
such a change.
4:05:27 PM
REPRESENTATIVE SCHRAGE responded that this proposal is a
response to the high demand for early voting during the last
election. He remarked that lines up to two hours long were seen
during the last early voting cycle and said that the proposed
bill could improve voting access for Alaskans.
REPRESENTATIVE VANCE asked what the intent was behind the
provision under HB 43 that would change an absentee voting
station to an early voting station.
MR. GUNDERSON responded that this component of the bill was
carried forward in legislation in previous years. It would also
provide the Division of Elections authority to establish early
voting locations where absentee voting can take place. It would
not change the existing process or protocols but rename them.
REPRESENTATIVE VANCE said she believes that it would make
significant changes. She asked for clarification between an
absentee voting location and an early voting location.
4:08:30 PM
MS. BEECHER responded that by statute, early voting is different
from absentee in-person voting. She said the terminology can be
confusing, but an important distinction is that early voting
occurs only at locations where direct access to voter
registration is possible. She remarked that in 2024 there were
12 early voting stations, and they were opened 15 days prior to
the election. She explained that the absentee in-person voting
locations is a different process and explained the process.
REPRESENTATIVE VANCE asked whether the change proposed under the
bill from early absentee locations to early voting locations
would result in the need for access to voter registration
systems.
4:10:52 PM
THOMAS FLYNN, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Anchorage), Department of Law,
affirmed that Ms. Beechers remarks on the differences between
absentee and early voting were accurate. He explained that in
practice this would not change absentee in-person voting to
early voting but just extend it.
REPRESENTATIVE VANCE remarked that this is something that many
committee members were trying to distinguish. She remarked on
voting dynamics in Homer and how it applies to this instance.
She remarked that she foresees that it could create sweeping
changes and have a larger fiscal note. She asked whether the
intent is to change the process of the early votes versus the
early absentee or to change locations as well.
REPRESENTATIVE SCHRAGE remarked that the intent was to change
the time period for early voting and simplify the process, not
to complicate it. He expressed that he wanted to work with
committee members to ensure this is written correctly.
4:14:45 PM
REPRESENTATIVE MOORE asked what can be expected from ballot
curing provisions and how can it be ensured that all Alaskans
have the same ballot curing opportunities as other cities.
MS. BEECHER responded that currently there is no cure process.
What this bill would do is require the Division to contact the
voter and describe what the issue is with the ballot and then
they would have an opportunity to provide the verifying
documentation to the division. She remarked that a challenge
with rural communities would be the mailing associated with
ballot curing.
REPRESENTATIVE MOORE mentioned the United Postal Service (UPS)
barcode tracking system and asked if this would play into the
bill.
4:16:28 PM
MR. GUNDERSON responded that there has been a good discussion
with the Division of Elections, and the division has flagged
this as an area that could use further investigation to ensure
that it is feasible.
REPRESENTAIVE SCHRAGE, in response, reminded committee members
in thinking about the curing process. He remarked that many
absentee ballots are turned in well ahead of election day which
provides an opportunity to correct the ballots. He also added
that while there might be some disparities with how feasible the
curing process is, especially close to the election day, it is
still an improvement over the current system.
4:19:02 PM
MICHAEL GARVEY, Policy Director, American Civil Liberties Union
Alaska, as an invited testifier, remarked that HB 43 contains
several provisions that the American Civil Liberties Union
(ACLU) support. These include eliminating the witness signature
requirement and the provision to extend voting to a 30-day mark
to make voting more accessible. He noted that he would like to
focus on the process for creating a ballot curing system. He
said that this is especially important due to a ruling in late
January from the Alaska Superior Court and a lawsuit ACLU and
litigation partners filed in 2022 after thousands of ballots
were rejected for minor errors. He remarked that the Alaska
Superior Court ruled that it was up to the legislature and not
courts to direct the Division of Elections to implement a curing
system. He stated that a valid curing system would help address
real problems and discussed the instances of a rejected ballot.
Based on the Division of Elections report, nearly 800 ballots
were rejected for fixable defects. He noted that many races can
be won from very tight margins. He said it is reasonable to
believe that rejected ballots could increase if no curing
process is established because of regulations that were adopted
in 2024. Additionally, a ballot curing system is not a radical
policy change and it can be done without compromising election
security. Finally, ballot curing will help maintain the
integrity of the election and even increase voter confidence.
He relayed that ACLU asks the committee to advance HB 43 because
of ballot curing and other critical provisions.
4:22:56 PM
REPRESENTATIVE STORY mentioned recent ballot rejections in
Western Alaska and asked what the cause of the rejections were
and whether the proposed bill included a remedy.
MR. GUNDERSON responded that he did not have the raw numbers
regarding the primary cause. He said that the witness signature
requirement played a significant factor in ballot rejections.
He reaffirmed that a ballot curing system would help address
this.
REPRESENTATIVE SCHRAGE added that in the most recent election
there were 1,303 absentee ballots rejected and 512 of those
ballots had missing witness signatures. He endorsed Mr.
Gunderson's comment that ballot curing would help address the
issue.
4:24:36 PM
REPRESENTATIVE MOORE asked Representative Schrage what the plan
was to pay for the changes to the election system.
REPRESENTATIVE SCHRAGE responded that the fiscal note is
approximately $160,000, which he said is quite modest given the
context. He said that like anything put forward paying for it
would be a balancing act. He said this would need to be
included in the budget.
4:25:35 PM
REPRESENTATIVE VANCE cited language in Section 8 on page 4 of
the proposed bill, which read as follows:
(d) A person who claims to be a registered voter,
but for whom no evidence of registration in the
precinct can be found, may vote only an absentee in-
person, special needs, or questioned ballot. The
division may not reject the absentee in person,
special needs, or questioned ballot of a qualified
voter who registers within 30 days before or on the
day of an election on the grounds that the voter is
not on the official registration list for the
election.
REPRESENTATIVE VANCE said this section corresponds to same-day
voter registration. She asked what protections are in place to
ensure that someone is a qualified voter on election day.
REPRESENTATIVE SCHRAGE directed the question to Ms. Beecher.
MS. BEECHER responded that if an individual comes in on election
day to vote and their name is not on the register then they must
vote a question ballot. Then it would go through a review
process to ensure eligibility.
REPRESENTATIVE VANCE said that the bill as written suggests that
someone may vote in "absentee in-person, special needs, or
questioned ballot". She asked how this would impact the
verification process to ensure that they are in fact a qualified
voter.
MS. BEECHER responded that they would vote a questioned ballot.
She said the way it would be adjudicated would be the
identifiers and information they provide on the questioned
ballot certification form. This is how the division would
determine voting eligibility.
REPRESENTATIVE VANCE stated that this may be a question for Mr.
Flynn because as this bill is written, it would not prohibit
someone being able to vote absentee or special needs. She said
the standard practice is a questioned ballot she and wanted to
understand how the process would be implemented and verified.
She remarked that what is written will ultimately become law.
MS. BEECHER responded that the current practice of the Division
of Elections and the anticipated practice if the bill passed
would be that if they are not registered to vote then they would
vote a questioned ballot. She noted however, that she could be
wrong and directed the question to Mr. Flynn.
4:28:56 PM
MR. FLYNN added that the Division of Elections still checks
voter qualifications when they vote absentee, in-person, or
special needs.
REPRESENTATIVE VANCE asked whether the distinguishing difference
between a questioned ballot and other ballots is that an
absentee ballot and special needs ballots are verified voters,
but the questioned ballots had not been verified.
MR. FLYNN confirmed that this is a distinction.
REPRESENTATIVE VANCE said that what she is looking at is how the
proposed law is written, and the division would have to honor
it. She said that if an individual is allowed to register on
election day and was not verified, if allowed to vote any type
of ballot, she questioned why there would be a need for distinct
ballots.
MS. BEECHER responded that for the Division of Elections to
implement a same-day registration, it would treat the
certification on the envelope as a voter registration form.
This is what would be looked at to verify information.
4:31:55 PM
MS. THOMPSON said that currently for these types of ballots,
they need to fill out information and verify citizenship, age,
and other information. She described the process of verifying
information pertaining to voting and eligibility to cast a
ballot.
REPRESENTATIVE VANCE said that current practice for someone who
votes an absentee and special needs ballot is that the review
board will look to see if they are on the master register.
However, a questioned ballot does not include individuals on the
master register and warrants an additional review. She asked if
this was accurate.
MS. THOMPSON responded that the questioned ballot would be given
to a voter not on the register for the precinct in which they
are voting. She said it does not necessarily mean that they are
not on a statewide voter registration form somewhere else.
REPRESENTATIVE VANCE said that the bill as written would allow
voting registration up to election day. She said that she wants
to ensure that anyone who hasn't registered or has moved
districts is getting a thorough review, and they may not be on
the master register. She said that with the way it is written,
some people could fall through the cracks. She said the bill
writing doesn't coincide with the current process and raised
concerns.
4:35:00 PM
CHAIR CARRICK announced that HB 43 was held over.
4:35:23 PM
The committee took an at-ease from 4:35 p.m. to 4:36 p.m.
HB 4-PRESIDENTIAL WRITE-IN VOTES
4:36:34 PM
CHAIR CARRICK announced that the next order of business would be
HOUSE BILL NO. 4, "An Act relating to write-in candidates for
President and Vice-President of the United States."
4:36:55 PM
REPRESENTATIVE SADDLER, Alaska State Legislature, as prime
sponsor, introduced HB 4. He said that HB 4 is a
straightforward bill related to elections, with one simple aim,
to allow Alaska voters greater freedom to vote for the
candidates of their choice for the highest offices of
government. He said this would allow voters to vote by write-in
for their preferred candidates.
4:38:53 PM
DELORES NEAL, Staff, Representative Dan Saddler, Alaska State
Legislature, on behalf of Representative Saddler, prime sponsor,
read the sectional analysis [included in the committee file] for
HB 4, which read as follows [original punctuation provided]:
Section 1 - Page 1, lines 4-14, through page 5, lines
1-4
Section 1 amends AS 15.15.030(7) to require that the
general election ballot offers voters the option to
write in candidates for president and vice president.
Section 2 - Page 5, lines 5-31 & page 6, lines 1-2
Section 2 amends AS 15.15.360(d)(3) to include write-
in votes for president and vice president under the
same rules for counting votes as write-ins for
governor and lieutenant governor.
Section 2 also adds a new subsection, AS
15.15.360(d)(5) which specifies the conditions that
must be met for the Division of Elections to count a
write-in vote. A vote shall be counted if the oval is
filled in and the names of the candidates for
president and vice president are written in the space
provided. At a minimum, voters must write the last
name of the candidate for president for their write-in
votes to count.
Section 3 - Page 6, Lines 3-6
Section 3 adds a new subsection (d) to AS 15.25.105
which states that a write-in candidate running for
president must file a letter with the director of the
Division of Elections certifying the information
required by the division under AS 15.30.026(b),
including the names of the candidate's electors for
the Electoral College, the name of his vice
presidential candidate running mate, the candidate's
Alaska mailing address, and a signature of the state
campaign chair.
4:40:00 PM
REPRESENTATIVE SADDLER added that there is a zero fiscal note
associated with the proposed bill.
4:40:15 PM
REPRESENTATIVE HOLLAND said he was curious to why this is the
way it is and asked if there were any mechanics involved with
the proposed bill and how it pertains to ranked choice voting.
REPRESENTATIVE SADDLER replied that in the supporting documents
[included in committee file] there was a sample ballot from the
most recent General Election, and it would need one more line
added for presidential candidates. He said it would not require
anything more than a single line addition. Additionally, he
asked Carol Beecher from the Division of Elections to provide
rationale for why the state currently does not allow write-ins.
4:41:55 PM
CAROL BEECHER, Director, Division of Elections, Office of the
Lieutenant Governor, responded that the rationale behind not
including write-ins came into play in 2020. She said that
Alaska was not required by law to have write-ins for
presidential candidates and ranked choice voting impacted write-
ins. She explained the way that write-ins worked for ranked
choice voting. She said that if enough people voted for a
write-in candidate, then that would be considered a viable
selection for the election. Afterward the Division of Elections
would need to analyze the write-ins and analyze the information.
She explained the rationale for regulating the process. She
said that the statutes state that the ballots need to have
enough columns to allow for the rankings and certain things
needed to be included on the ballot.
4:44:53 PM
REPRESENTATIVE VANCE said that she appreciated a clean-cut
election bill. She asked Ms. Beecher if she could speak to the
requirements for a write-in.
MS BEECHER responded that she did not have all the information
available and said she could follow-up. She confirmed that many
people write in candidates who are not valid write-ins.
REPRESENTATIVE SADDLER added that his understanding of the
situation right now was that for a presidential write-in vote to
count, the candidate would have needed to be registered and
validated.
REPRESENTATIVE VANCE clarified that what she was asking is
whether presidential candidates have the same write-in
requirements as other candidates for Alaska's elections.
REPRESENTATIVE SADDLER responded that this was correct and that
in a presidential election a person votes for the elector and no
other candidate needs to identify the elector.
4:47:14 PM
REPRESENTATIVE HIMSCHOOT asked how many states allow
presidential write-ins?
REPRESENTATIVE SADDLER forwarded the question to Ms. Neal.
MS. NEAL responded that currently about 30 states allow this.
REPRESENTATIVE HIMSCHOOT asked whether Alaska has ever had
write-ins for presidential elections.
REPRESENTATIVE SADDLER forwarded the question to Ms. Beecher.
MS. BEECHER said that she did not know the answer and asked if
Mr. Flynn could answer this.
MR. FLYNN responded that yes, up until ranked choice voting,
write-ins for president were allowed.
4:48:55 PM
CHAIR CARRICK after ascertaining that there were no additional
questions announced that HB 4 was held over.
HB 63-SCHOOL & ELECTION BDS; VOTING; ELECTIONS
4:49:24 PM
CHAIR CARRICK announced that the final order of business would
be HOUSE BILL NO. 63, "An Act relating to regional educational
attendance area elections; relating to terms for members of
regional school boards; relating to voter residence; relating to
voter registration; relating to the inclusion of voter
registration forms in permanent fund dividend applications;
relating to election administration; relating to ballot
counting; relating to absentee voting; relating to early voting;
relating to voting by mail; relating to publication of election
pamphlets; and relating to confidential information in voter
registration records."
4:49:44 PM
CAROL BEECHER, Director, Division of Elections, Office of the
Lieutenant Governor, presented HB 63 on behalf of the bill
sponsor, House Rules by request of the governor. She said that
HB 63 is the result of feedback that was received from the last
election cycles. She said there are a multitude of provisions
within the bill, some new ideas and some older ideas. She said
that many of these provisions are house-cleaning attempts to
help make operations for the Division of Elections more
efficient. This includes shortening time to complete ballots
and improving the election process. She stated that the
Division of Elections' mission is to ensure public confidence in
the electoral process by administering voter registration and
elections with the highest level of professional standards. She
said that the division takes this mission "very seriously" and
everything is done in the division to ensure the promises in
this mission. She said this bill follows this mission.
MS. BEECHER said that one of the provisions in the proposed bill
is a change to the Regional Educational Attendance Area (REAA)
elections. She said that currently these elections are held
every year, and they are held in October. On an election year
when there is both a Primary and General Election, REAAs are in
the middle of both elections. She explained that the process of
REAA elections is the same as any other election and it is "very
challenging" for the Division of Elections to accommodate all
these elections. She said the rationale is that if the REAA
elections are moved to the odd years then it would eliminate
these elections being in the middle of both primary and general
elections. She said these would ease the burden on the Division
of Elections and save money. She said this shift would require
changing the terms of office for the current board members from
1- and 3-year terms to 4-year terms. She said that there are 19
REAA's and these are in unorganized boroughs and for the most
part Region 4. She said that multiple seats are elected each
year, and they have the same challenges as other elections. She
said that the Division of Elections had reached out to all the
superintendents and has not heard back from them all and thus
far the feedback has been a "mixed bag" regarding their feeling
of the bill's proposed changes.
4:53:05 PM
MS. BEECHER said that the residency of voters is a continuing
issue for the division and the public at large for understanding
what constitutes residency. She said the division is aware of
the concerns regarding the current voter list and the
discrepancies associated with it. She said that one of the
things that makes the voter list larger than it should be is the
intent to return language that is currently in statute. She
said HB 63 would remove the intent to return language and the
intent is to reduce confusion about it and provide clarity on
what constitutes residency. She said it may not be a perfect
solution but an attempt to come to a concise definition of
residency.
MS. BEECHER said that another provision of the bill would remove
the permanent fund dividend automatic voter registration
(PFDAVR). She explained that when individuals register for the
PFD, they are automatically registered to vote. If they are a
new person to register or if their address has changed, then a
notice would be sent out regarding re-registration. She said
that in 2024, less than one-third of those added to the voter
list voted. Out of the 9,056 that were added, only 2,600 voted.
She said that it is an expensive program because mailing of the
notices costs more than $218,000. She said even though it is
called an "automatic voter registration," it was not actually
automatic. She said that one component of PFDAVR is that the
division adds to the list of inactive voters and that just
applying for a PFD is an act of "appearing to vote." She said
it causes a continuation of an active voting status. She
demonstrated a chart to committee members that the division
mailed out 76,550 notices and of those 7,984 opted out. Of
those new voters who were registered, there were 9,000 but only
2,639 of them actually voted.
4:57:14 PM
MS. BEECHER said that another component of the bill is voter
list maintenance. She said that the bill seeks to remove the
second notice of the two that are sent out. She said this
happens annually around January. She explained that the first
notice is non-forwardable and if it comes back to the Division
of Elections, then, as required by statute, a forwardable notice
is sent. She said that removing the requirement of the second
notice would reduce some time and work for the division. She
said that the proposed bill also adds two additional conditions
for the notices. The first would add that those who become
ineligible to receive a PFD would receive a notice. Second is
if someone receives a driver's license in another state then it
would trigger another notice to be sent. This would allow time
to remove inactive voters from the registration list.
MS. BEECHER added that early voting was quite different from
absentee in-person voting and both start 15 days before the
election. She said that when there is a proposal to move these
dates back, that means that other concurrent processes also need
to be moved back due to timeframes pertaining to registering to
vote, candidacy, and ballot printing. She explained the
concurrent events that take place "behind the scenes" prior to
sending out ballots. She said that early voting requires direct
voter registration system access and explained the process. She
said this does not happen with in-person absentee voting. She
said the voter information is updated in real-time unlike the
in-person absentee voting.
5:00:08 PM
MS. BEECHER said that only the early voting time would be
reduced and not other ballot types. It would only reduce it for
those few days where the registers for the polling places have
already been printed and there was a potential for fraud. She
explained that one of the methods to try to prevent this was
that these votes are sequestered and go into an envelope until
voter history is completed. She said eliminating the early
voting for these few days would reduce early voting times but
also reduce the potential for fraud and double voting. It would
also provide faster results for elections.
5:01:05 PM
MS. BEECHER said that another provision of the bill is absentee
votes would be required to be received by election day. She
said that the division heard complaints regarding how long it
took for Alaska ballots to be counted. She asked why all these
ballots are coming in after the election, why it is happening
and where they are coming from. She said that by statute,
during the Primary Election, ballots must be received by the
tenth day after election. She said this means the division
isn't done receiving ballots until 10 days after the election.
She said overseas ballots can be received 15 days after an
election. She said this bill would remove the requirement to
receive the ballots on election day and shorten the time
required to process ballots.
MS. BEECHER said the by-mail voting option in communities of 750
members or less is also a component of the bill. She said that
the Division of Elections is looking for ideas and options for
expanding voting options and it would not be a mandate. She
said this would assist communities that have stated that they
will not provide poll workers. She said the division can't
afford to wait until election day to know whether poll workers
will be available. She said this option will cover these
contingencies. She said currently by statute; the division
cannot carry out this process. She said that the division wants
to leave options open for in-person voting but has alternative
options available.
MS. BEECHER proceeded to comment on official election pamphlets.
She explained that the division spends a lot of money and time
mailing official election pamphlets and often hears back to how
many are piled up in the post office and being shredded. She
said that pamphlets are not cheap to produce. Most cost over $2
each and rural area pamphlets are more than $5 dollars. She
said looking at the cost, time, and expense of printing them,
the bill proposes the division to continue to produce them but
only make them available online. This change would save more
than $844,000.
5:04:55 PM
MS. BEECHER commented that many voting booths are in a state of
disrepair. She said that the Division of Elections is mandated
by statute to have voting booths of a specific size and
dimension. She said this type of voting booth is not being made
anymore. The division put out a request for information (RFI)
to determine if anyone could make these and at what cost but was
unsuccessful. She said eliminating the restrictions would allow
the division to purchase booths [outside the standard
dimensions] to replace the old ones.
MS. BEECHER said that currently compensation for election board
members needs to be by regulation. She stated that it puts the
division behind, and boroughs were able to pay workers
considerably more and it is challenging to deal with payments
for board members.
MS. BEECHER mentioned that postage-paid return envelopes are
needed as well. She also said that the Division does not want
to reject special needs ballots when the error is from the
representative. The proposed bill would eliminate this. She
discussed the requirements and said the bill would allow greater
flexibility for delivering and receiving election material.
5:07:45 PM
REPRESENTATIVE VANCE commented that she heard the word democracy
repeatedly. She expressed thanks for the opportunity to make
comments and said voter engagement is important. She clarified
that the United States is a constitutional republic and not a
pure democracy.
5:08:31 PM
CHAIR CARRICK announced that HB 63 was held over.
5:09:42 PM
ADJOURNMENT
There being no further business before the committee, the House
State Affairs Standing Committee meeting was adjourned at 5:09
p.m.