03/05/2024 03:30 PM Senate STATE AFFAIRS
| Audio | Topic |
|---|---|
| Start | |
| Presentation: Alaska Division of Elections | |
| SB246 | |
| SB232 | |
| Adjourn |
+ teleconferenced
= bill was previously heard/scheduled
| + | TELECONFERENCED | ||
| *+ | HB 129 | TELECONFERENCED | |
| *+ | SB 246 | TELECONFERENCED | |
| *+ | SB 232 | TELECONFERENCED | |
| + | TELECONFERENCED |
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS STANDING COMMITTEE
March 5, 2024
3:30 p.m.
DRAFT
MEMBERS PRESENT
Senator Scott Kawasaki, Chair
Senator Matt Claman, Vice Chair
Senator Jesse Bjorkman
Senator Bill Wielechowski
Senator Kelly Merrick
MEMBERS ABSENT
All members present
COMMITTEE CALENDAR
COMMITTEE SUBSTITUTE FOR HOUSE BILL NO. 129(JUD)
"An Act relating to voter registration; and providing for an
effective date."
- HEARD & HELD
SENATE BILL NO. 246
"An Act relating to a legal fund to pay attorney fees and costs
in an election contest; and providing for an effective date."
- HEARD & HELD
PRESENTATION: ALASKA DIVISION OF ELECTIONS
- HEARD
SENATE BILL NO. 232
"An Act relating to voter preregistration for minors at least 16
years of age."
- HEARD & HELD
PREVIOUS COMMITTEE ACTION
BILL: HB 129
SHORT TITLE: ELECTIONS: VOTER REG./LEGAL FUND/COMMS
SPONSOR(s): JUDICIARY
03/22/23 (H) READ THE FIRST TIME - REFERRALS
03/22/23 (H) STA, JUD
03/28/23 (H) STA AT 3:00 PM GRUENBERG 120
03/28/23 (H) Scheduled but Not Heard
03/30/23 (H) STA AT 3:00 PM GRUENBERG 120
03/30/23 (H) Heard & Held
03/30/23 (H) MINUTE(STA)
04/27/23 (H) STA AT 3:00 PM GRUENBERG 120
04/27/23 (H) Moved CSHB 129(STA) Out of Committee
04/27/23 (H) MINUTE(STA)
04/28/23 (H) STA RPT CS(STA) 5DP 2AM
04/28/23 (H) DP: CARPENTER, C.JOHNSON, ALLARD,
WRIGHT, SHAW
04/28/23 (H) AM: ARMSTRONG, STORY
05/01/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/01/23 (H) Heard & Held
05/01/23 (H) MINUTE(JUD)
05/03/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/03/23 (H) Heard & Held
05/03/23 (H) MINUTE(JUD)
05/05/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/05/23 (H) Heard & Held
05/05/23 (H) MINUTE(JUD)
05/08/23 (H) JUD AT 1:00 PM GRUENBERG 120
05/08/23 (H) Heard & Held
05/08/23 (H) MINUTE(JUD)
01/17/24 (H) JUD AT 1:00 PM GRUENBERG 120
01/17/24 (H) Moved CSHB 129(JUD) Out of Committee
01/17/24 (H) MINUTE(JUD)
01/18/24 (H) JUD RPT CS(JUD) 4DP 2NR 1AM
01/18/24 (H) DP: C.JOHNSON, CARPENTER, ALLARD, VANCE
01/18/24 (H) NR: GRAY, GROH
01/18/24 (H) AM: EASTMAN
02/02/24 (H) TRANSMITTED TO (S)
02/02/24 (H) VERSION: CSHB 129(JUD)
02/05/24 (S) READ THE FIRST TIME - REFERRALS
02/05/24 (S) STA, FIN
03/05/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
BILL: SB 246
SHORT TITLE: LEGISLATORS LEGAL FUND
SPONSOR(s): WILSON
02/19/24 (S) READ THE FIRST TIME - REFERRALS
02/19/24 (S) STA
03/05/24 (S) STA AT 3:30 PM BELTZ 105 (TSBldg)
WITNESS REGISTER
CAROL BEECHER, Director
Division of Elections
Office of the Lieutenant Governor
Juneau, Alaska
POSITION STATEMENT: Presented on Alaska Division of Elections.
MICHAELA THOMPSON, Operations Manager
Alaska Division of Elections
Juneau, Alaska
POSITION STATEMENT: Answered questions about the signature
review process.
THOMAS FLYNN, Assistant Attorney General
Alaska Department of Law
Anchorage, Alaska
POSITION STATEMENT: Answered questions about AS 370(a).
REPRESENTATIVE SARAH VANCE, District 6
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of HB 129.
SENATOR DAVID WILSON, District N
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Sponsor of SB 246.
JULIA FONOV, Staff
Senator David Wilson
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented the sectional analysis for SB 246.
JOE HAYES, Staff
Senator Scott Kawasaki
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Presented SB 232 on behalf of the sponsor.
AMY GALLOWAY, Teacher
West Valley High School
Fairbanks, Alaska
POSITION STATEMENT: Testified by invitation on SB 232.
ALEX KOPLIN, President
League of Women's Voters (LWV)
Homer, Alaska
POSITION STATEMENT: Testified by invitation on SB 232.
MICHAEL GARVEY, representing self
Anchorage, Alaska
POSITION STATEMENT: Testified in opposition to HB 129.
ACTION NARRATIVE
3:30:32 PM
CHAIR SCOTT KAWASAKI called the Senate State Affairs Standing
Committee meeting to order at 3:30 p.m. Present at the call to
order were Senators Claman, Bjorkman, Wielechowski, and Chair
Kawasaki. Senator Merrick arrived thereafter.
^Presentation: Alaska Division of Elections
PRESENTATION: ALASKA DIVISION OF ELECTIONS
3:31:15 PM
CHAIR KAWASAKI announced the consideration of a presentation on
the Alaska Division of Elections.
3:32:11 PM
CAROL BEECHER, Director, Division of Elections, Office of the
Lieutenant Governor, Juneau, Alaska, moved to slide 2 and
presented an overview on poll worker recruitment:
[Original punctuation provided.]
Poll Worker Recruitment
• Early Voting and Absentee In-Person Sites
o 25 days prior to election day
o 275 workers
• 401 Precincts
o Four workers each = 1,608 workers
o Starts at 6:30am
o Pols close at 8:00 pm
o Counting - until complete
• 2022 Pay Increase
o $20/hour for poll workers
o $25/hour for boards
o Used state employees for many polling locations
MS. BEECHER said she could not speak to whether poll worker
recruitment has been successful since the hiring has not yet
occurred, but it will begin in May. She offered to provide the
committee with an update once the process commences. They do
plan to ask the state again to use state workers as that has
worked really well.
3:35:00 PM
MS. BEECHER moved to slide 3 and listed ballot initiatives:
[Original punctuation provided.]
Ballot Initiatives
• AS 15.45
o Initiatives may not:
square4 Dedicate revenue
square4 Make or repeal appropriations
square4 Create courts or define jurisdictions
of courts or prescribe court rules
square4 Enact local or special legislation
• AS 15.45.040
o Initiatives must:
square4 Be confined to one subject
square4 Subject must be expressed in the title
3:35:29 PM
MS. BEECHER moved to slide 4 and elaborated on the initiative
process:
[Original punctuation provided.]
Initiative Process AS.15.45
FILING AND COLLECTING SIGNATURES
• File application
• 60 days to review
• Petition booklets circulated by committee
• One year to obtain signatures
• Petitions returned must be signed by qualified
voters
o Equal to 10 percent of those who voted in
the preceding general election
o Resident in at least 3/4ths of the house
districts in the state
o Signatures equal in number to at least 7
percent of those who voted in the preceding
election in the house district
• 60 days for signature review
CERTIFIED INITIATIVES
o 60 days for Lt. Governor to notify petition
committee
• Petition is placed on ballot of first statewide
general, special, special primary, or primary
election held after
o Petition has been filled
o A legislative session has convened and
adjourned and
o 120 days has expired since adjournment of
the legislative session
• Lt. Governor holds public hearings in each
judicial district
o If an act of the legislature that is
substantially the same as the proposed law
is enacted after the petition is filled and
before the data of the election, the
petition is void
MS. BEECHER noted that typically, the legislature doesn't
adjourn early enough for the petition initiative to be included
on the primary ballot. To achieve this, adjournment would have
to occur by April 22.
3:37:17 PM
CHAIR KAWASAKI asked for a status update on the minimum wage
initiative and the effort to appeal ranked choice voting.
3:37:28 PM
MS. BEECHER responded that both initiatives have fulfilled the
requirements, but the final step for rank-choice voting is still
in progress. One certification for the minimum wage initiative
has been forwarded to the lieutenant governor for official
completion, while the other for ranked choice voting is
undergoing the same process. The lieutenant governor is required
to conduct at least two public hearings for each petition that
has advanced to this stage.
3:38:09 PM
SENATOR CLAMAN asked what still needs to be done for the ranked
choice voting petition.
3:38:20 PM
MS. BEECHER replied that the division does not go through to
verify for signatures, but follows a checklist to ensure all is
correct.
3:38:41 PM
MS. BEECHER moved to slide 5 and listed technology upgrades:
[Original punctuation provided.]
Technology/Upgrades
• Security Measures
o Cameras
o Window Film
o CISA meetings and onsite training
o Physical site updates
• System Improvements
o myVoter portal
o System in place to track anomalies in voter
registration
• Chain of Custody
o Ballot bag tracking
MS. BEECHER explained that the current camera setup only
provides visibility into specific offices, meaning that if an
incident occurred in a remote location, the division wouldn't be
aware unless informed by the municipality. However, the recently
installed cameras will enable remote viewing from the director's
office in Juneau. The division has installed bullet proof window
film, uses SISA, which is a federal security entity, has active
shooter training, and has other upgrades such as doors and
physical barriers to provide a separation to the staff.
Enhancements to the myVoter portal will make resident addresses
visible on the website. They have a system in place to track
anomalies, such as if voter numbers were suddenly available to
the dark web, they would know about it and be able to take
active steps. Testing has shown that achieving timely delivery
of certain measures to specific sites can sometimes pose
challenges.
3:41:40 PM
CHAIR KAWASAKI inquired whether the system capable of detecting
anomalies in voter registration is integrated into the automatic
voter registration (AVR) system or exists separately. He sought
clarification on whether the system pulls in bad data and how it
is handled.
3:42:25 PM
MS. BEECHER replied she would follow up with the committee on
the intricacies of the myVoter system. She explained that this
system takes a broader approach and identifies unusual trends
among groups of voters. As an example, she mentioned a scenario
where a group of individuals who typically voted in person
suddenly began requesting absentee ballots, prompting additional
review.
3:43:06 PM
CHAIR KAWASAKI asked if extra staff are necessary for the review
process.
3:43:10 PM
MS. BEECHER replied no and said reports are generated.
3:43:20 PM
SENATOR MERRICK joined the meeting.
3:43:28 PM
SENATOR WIELECHOWSKI asked how witness signature requirements
are verified.
3:43:55 PM
MS. BEECHER replied that many signatures are obtained during the
initial registration process or directly from the Department of
Motor Vehicles (DMV). She noted that the signature verification
process is conducted in-house rather than by trained
professionals but is designed to detect unusual patterns.
However, she acknowledged that individuals may change their
signatures as they age.
3:44:43 PM
SENATOR WIELECHOWSKI asked about witness signatures for mail-in
ballots specifically.
3:44:48 PM
MS. BEECHER replied yes and said mail-in ballots only require a
witness signature, and there is no verification and process.
3:44:52 PM
SENATOR WIELECHOWSKI asked if the requirement includes a
complete name or date of birth.
3:44:58 PM
MS. BEECHER replied that she does not believe so but would
follow up with an answer.
3:45:10 PM
SENATOR WIELECHOWSKI asked for confirmation of his understanding
that Division of Elections rejected over 2,700 ballots in the
2022 special primary election because of missing witness
signatures.
3:45:24 PM
MS. BEECHER replied that is correct.
SENATOR WIELECHOWSKI opined that the requirement seems
meaningless.
MS. BEECHER replied that it was a serious problem that occurred
because many people thought the emergency order from the court
was still in place, leading them to believe that a second
signature wasn't required.
3:45:43 PM
SENATOR WIELECHOWSKI provided a hypothetical scenario involving
a falsified witness signature and inquired whether the
department would reject it.
3:45:56 PM
MS. BEECHER replied that she does not believe so but would
follow up with the committee.
3:46:00 PM
SENATOR WIELECHOWSKI asked if she believes it was fair to
disenfranchise 2,700 people due to the inability to verify an
arbitrary witness signature.
3:46:20 PM
MS. BEECHER expressed her belief that despite its significance,
there is a requirement outlined in statute for a second witness
signature.
3:46:40 PM
SENATOR WIELECHOWSKI pointed out that in the 2020 election,
there was no requirement for these signatures and asked if the
department had any evidence of fraudulent mail-in ballots that
were counted as a result.
3:46:57 PM
MS. BEECHER replied that she does not believe so.
3:47:07 PM
SENATOR WIELECHOWSKI noted that the department had previously
posted daily updates on signature reviews for ballot measures
and inquired whether the same practice was being followed this
year.
3:47:22 PM
MS. BEECHER replied that she believes updates were posted
weekly.
3:47:28 PM
SENATOR WIELECHOWSKI asked why ballots were not posted daily.
3:47:36 PM
MS. BEECHER replied that she is unaware of any specific reason.
3:47:46 PM
SENATOR WIELECHOWSKI asked if any signatures were found to be
fraudulent or disregarded on either of the two initiatives.
3:48:04 PM
MS. BEECHER replied that she does not believe so, but suggested
that the list provided to the committee might contain that
information. She invited the Operations Manager for the Alaska
Division of Elections to provide clarification.
3:48:31 PM
MICHAELA THOMPSON, Operations Manager, Alaska Division of
Elections, Juneau, Alaska, answered questions about the
signature review process. She explained that the numbers were
posted 2-3 times per week as staff were able to transfer the
information to the website. Thompson mentioned that during the
verification process, some signatures were rejected for various
reasons, including not providing all the information required.
No signatures had been flagged as fraudulent and turned over to
the division. However, the review process for those petitions
had not yet been completed but was scheduled to be done this
week.
3:49:24 PM
SENATOR WIELECHOWSKI asked whether the department would
disregard a signature on the petition if it differed from the
one on file.
3:49:39 PM
MS. THOMPSON replied that there is no requirement for signatures
to match. She said a signature would only be flagged if
suspicious patterns were detected, but there is no obligation to
match signatures to those in the system according to statute.
3:50:18 PM
CHAIR KAWASAKI inquired whether there are specific triggers for
flagging signatures or if it is at the discretion of the staff.
3:50:48 PM
MS. THOMPSON replied that staff consider handwriting or details
that appear unusual. Due to the high volume of signatures that
need processing within the 60-day period, the process is largely
visual. A trigger might include a signature that appears
entirely different from the name shown on the identifier.
3:52:16 PM
SENATOR BJORKMAN mentioned discussions from last year about
releasing all voting data after the election to mitigate long
wait times for election results. He inquired whether the
department had considered releasing all raw data on ranked
choice votes on election night, excluding the results.
3:53:15 PM
MS. BEECHER confirmed that there have been numerous discussions
on this matter. She noted that there is currently legislation
under consideration that would mandate the release of voting
data. The department is assessing what this process might
involve, including the establishment of a JSON file format.
However, she raised concerns about potential disenfranchisement
of rural voters, who can only submit a hand count and mail their
ballot in. Therefore, the information is not received until the
ballot is delivered.
3:54:17 PM
SENATOR BJORKMAN disagreed with her use of the term
"disenfranchisement" and clarified that all votes in Alaska are
eventually tallied, although on a different timeline compared to
some other states. He explained that disenfranchisement means
not counting votes, which is not the case in Alaska. He
emphasized the importance of making public data available to
Alaskan voters as soon as possible, which wouldn't necessarily
require the release of all data. He expressed his belief that
people have a desire to access this data and questioned the
benefits of waiting for all votes to be counted before releasing
any information.
3:56:15 PM
SENATOR WIELECHOWSKI said it is his understanding per statute
the department must release the precinct results tape on
election night for ranked choice voting.
3:56:30 PM
MS. BEECHER asked if this is regarding AS 370(a) and invited a
representative from the Department of Law to respond.
3:57:05 PM
THOMAS FLYNN, Department of Law, Anchorage, Alaska, answered
questions about AS 370(a). He stated that the interpretation of
the regulation is that it is not required under statute.
3:57:31 PM
SENATOR WIELECHOWSKI disagreed and expressed his understanding
that the requirement was indeed necessary. He emphasized the
importance of making data available to the public when results
are accessible. He requested a legal opinion.
3:58:14 PM
CHAIR KAWASAKI said the committee would obtain a legal opinion.
He mentioned that if further statute clarification is needed,
the committee could consider pursuing that in the future.
3:58:50 PM
SENATOR WIELECHOWSKI read language stating, "when a count of
ballots is completed in no event later than a day after the
election. The election board shall make a certification and
duplicate of the results, the certificate contains the number of
votes cast for a candidate in a general election, the number of
votes at each round of the ranked choice tabulation process
under AS 15.15.350, and the number of votes for each
proposition." Asked for confirmation of his understanding that
this indicates the board shall do so in no event later than the
day after the election.
3:59:44 PM
MR. FLYNN clarified that the challenge lies in the fact that the
ranked-choice tabulation cannot take place until all ballots are
received. Each precinct does not have access to all the ballots.
4:00:06 PM
SENATOR WIELECHOWSKI suggested that a legal opinion would be
beneficial.
#hb129
HB 129-ELECTIONS: VOTER REG./LEGAL FUND/COMMS
[Contains discussion of SB 138]
4:00:32 PM
CHAIR KAWASAKI announced the consideration of HOUSE BILL NO. 129
"An Act relating to voter registration; and providing for an
effective date."
4:01:13 PM
REPRESENTATIVE SARAH VANCE, District 6, Alaska State
Legislature, Juneau, Alaska, sponsor of HB 129, said HB 129 is
intended to better restore the integrity in the election process
in Alaska and build public trust in one of the most foundational
rights. The need to bring election reform comes directly from
the outcry of the people of Alaska. For many years, voters have
been highlighting various issues and have expressed a clear lack
of trust in the voting process. Despite some dismissing these
concerns as mere speculation, the results are evident in the 44
percent turnout in the 2022 general election, marking the lowest
voter turnout rate in decades for Alaska. art.I, sec. II,
Constitution of the State of Alaska states that all political
power is inherent in the people and that government originates
solely from their will. She stated that Alaskans have spoken,
and it is time to focus efforts toward the foundation of the
government: the voter. art. V of the Alaska Constitution serves
as a basic framework for elections and grants authority to the
legislature to prescribe qualifications, disqualifications,
methods of voting, precincts, and registration by law.
4:02:56 PM
REPRESENATIVE VANCE moved to slide 2 and explained the excessive
voter registration rate:
[Original punctuation provided.]
Why does Alaska have a 106 percent voter registration
rate?
Transit Population
Intent of Returning
PFD Automatic Voter Registration
REPRESENTATIVE VANCE said that HB 129 addresses the concerns by
requiring the Director to send letters to confirm the addresses
of all voters not domiciled in Alaska in an easier system to
cancel voter registration.
4:03:21 PM
REPRESENTATIVE VANCE moved to slide 3 and listed regulations
that Division of Elections would adopt:
[Original punctuation provided.]
DIVISION OF ELECTIONS SHALL ADOPT REGULATIONS
1. Annual Review
2. Review Data Breaches
3. Compare Eligible Voters
4. Specify Databases
5. Maintenance Schedule
6. Registration Cancellation
REPRESENTATIVE VANCE noted that HB 129 adopts best practices to
validate Alaska voter status with multiple databases and to
disclose data breaches within 30 days if it does not interfere
with an investigation.
4:03:46 PM
REPRESENTATIVE VANCE moved to slide 4 and explained the annual
review process:
[Original punctuation provided.]
ANNUAL REVIEW
January of each year, the director shall examine the
master register, and shall send a notice requesting
address confirmation or correction to each voter
The notice will be sent by forwardable mail and email
and must include a postage prepaid, pre-addressed
return card.
The notice must explain to the voter that their
registration will be inactivated unless they respond
within 45 days.
4:04:29 PM
REPRESENTATIVE VANCE moved to slide 5 and listed notice
requirements:
[Original punctuation provided.]
THE DIRECTOR SHALL SEND THE NOTICE...
1. MAIL RETURNED TO THE DIVISION UNDELIVERABLE
2. NO CONTACT & NOT VOTED IN 2 YEARS
3. WHO, IN THE PRIOR TO YEARS
a. registered to vote in another state
b. received a driver's license in another state
c. registered a vehicle in another state
d. served on a jury in another state
e. received benefits in another state
f. established residence in another state...
4:05:14 PM
REPRESENTATIVE VANCED moved to slide 6 and explained data
breaches:
[Original punctuation provided.]
REVIEW DATA BREACHES
Regulations must provide for review of the register
for data breaches...
State officials said "outside actors" accessed the
data through a flaw in the online voter registration
system, which has since been patched. They were able
to pull registered voters' names, dates of birth,
state identification numbers, last four digits of
Social Security numbers, addresses and party
affiliations. (Party affiliations, names and addresses
are already publicly available through the state's
voter information database.) ADN article Dec. 3, 2020
REPRESENTATIVE VANCE recalled that 113,000 Alaskans had their
data breached in 2020 and many people were not dismayed to know
that breach occurred prior to the election but they were
notified until after the election. She said this slide simply
states that disclosure to those who were impacted must occur
within 30 days as long as it does not interfere with an
investigation.
4:05:48 PM
REPRESENTATIVE VANCE moved to slide 7 and listed non-eligible
voters:
[Original punctuation provided.]
COMPARE ELIGABLE VOTERS
Compare persons eligible to vote in the state,
• deceased voters
• felons
• not qualified to vote under AS 15.05
• persons registered to vote in another state
4:06:05 PM
REPRESENTATIVE VANCE moved to slide 8 and listed databases that
Division of Elections would use in reviewing the master
register:
[Original punctuation provided.]
SPECIFY DATABASES
The regulations must specify records and
databases for use in reviewing the master register;
• USPS National Change of Address Database
• Permanent Fund Dividend recipient database
• Alaska Court System database
• DMV records
• Department of Corrections
• Property & Sales Tax Records
• Social Security Records
• Municipal Assessor Database
• Social Security Administration Death Index
• Alien Database by Homeland Security
• Jury Duty Records
REPRESENTATIVE VANCE added that the division already utilizes
most of the listed items. However, she encouraged using each of
the tools to ensure voter rolls are accurate.
4:06:41 PM
REPRESENTATIVE VANCE moved to slide 9 and explained the
maintenance schedule:
[Original punctuation provided.]
MAINTANENCE SCHEDULE
The director shall develop a written maintenance
schedule and guideline manual for the system...
• provide a report on the system to the Legislature
on the first day of session
• inform a voter of the criteria to qualify as a
voter and penalties for misconduct.
REPRESENTATIVE VANCE expressed that there is a lack of clarity
in the process. She said a maintenance schedule would ensure
that successors in the division have access to coherent
information for the review process.
4:07:39 PM
REPRESENTATIVE VANCE moved to slide 10 and spoke to registration
cancellation:
[Original punctuation provided.]
REGISTRATION CANCELLATION
The director shall develop a process to allow a voter
to cancel the voter's registration...
• in person
• before an election official
• electronically "email"
• display instructions for a voter to cancel the
voter's registration at each polling place.
REPRESENATIVE VANCE opined that voting tends to be the last
thing on people's minds until closer to the election date. She
said in summary, having a secure and trustworthy election
process begins with accurate voter rolls and this process allows
for voters to cancel their registration more easily. Over-
registering voters makes the election system inaccurate and
vulnerable to the actions of bad actors. Compromised data allows
those with nefarious intent to exploit inactive voters and
invite those who do not live in Alaska to influence our
elections.
4:09:09 PM
SENATOR WIELECHOWSKI said he supports the general concept of HB
129. He wondered how many additional voters would receive
activation notices.
4:09:30 PM
REPRESENTATIVE VANCE replied that is a more appropriate question
for Ms. Beecher.
4:09:49 PM
CHAIR KAWASAKI noted that an individual's registration could be
canceled for various reasons, such as registering in another
state, serving on a jury, receiving benefits, or establishing
residency elsewhere. He mentioned that even registering a
vehicle or establishing residency in another state did not seem
like sufficient grounds for rule.
4:10:37 PM
REPRESENTATIVE VANCE replied that these triggers prompt the
division to send a notification for verification in the form of
a postcard and is not automatically inactivating them.
4:11:05 PM
CHAIR KAWASAKI asked for an explanation of the 45-day timeline
under Section 2 of HB 129, if it is too short, and if it had
been discussed.
4:11:47 PM
REPRESENTATIVE VANCE replied that the 45-day timeline was
recommended by the division. With email and address information
available, this timeframe provides one and a half months for
individuals to respond. The intention is to classify individuals
as inactive. The trigger provision specifies that voting would
restore active status for individuals previously classified as
inactive.
4:12:58 PM
CHAIR KAWASAKI asked if an inactive voter would be on the voter
roll.
4:13:14 PM
REPRESENATIVE VANCE invited Ms. Beecher to speak to voter rolls.
4:13:39 PM
SENATOR CLAMAN referred to Section 1 of HB 129 and page 4 of the
presentation, noting inconsistencies between the two. He
inquired whether notices are sent to every voter on the rolls.
4:14:27 PM
REPRESENTATIVE VANCE asked him to clarify which section he is
referencing.
4:14:35 PM
SENATOR CLAMAN said he is specifically reviewing the sectional
analysis. He noted an inconsistency between the analysis and the
slide.
4:15:28 PM
REPRESENATTIVE VANCE responded that the language in the slide
deck was mirrored after HB 129, and the amended language simply
states that when the director examines the master register, they
would send the notice requesting confirmation of address for
correction.
4:15:55 PM
SENATOR CLAMAN asked to whom.
4:16:03 PM
REPRESENTATIVE VANCE replied that the notice would be sent to
each voter.
4:16:06 PM
SENATOR CLAMAN asked for confirmation of his understanding that
HB 129 requires the division to send a notice to every
registered voter each January.
4:16:29 PM
REPRESENTATIVE VANCE clarified that notices would be sent to
each voter who has:
1. Had their mail returned
2. Has not contacted the division
3. Has not voted or appeared to vote within two years
4. Has appeared to establish residency after registering to
vote in the state.
She confirmed that the notice would only be sent to individuals
who have met the qualifications outlined in bullet points 1-3
under Section 1 of HB 129.
4:17:45 PM
SENATOR CLAMAN asked for confirmation of his understanding that
there is a limited number of people that the division sends the
notices to.
4:17:53 PM
REPRESENTATIVE VANCE replied that is correct.
4:17:56 PM
SENATOR CLAMAN asked how the state obtains information
demonstrating non-residency.
4:18:09 PM
REPRESENTATIVE VANCE replied that the director utilizes the ERIC
System and depends on the public to notify the division of
residency changes outside the state or through outreach efforts
such as obituaries. Data from the Permanent Fund Dividend (PFD)
is also utilized.
4:19:16 PM
SENATOR WIELECHOWSKI inquired about Section 1, Point 2 of HB 129
and asked whether updating voter registration counts through a
PFD application or DMV registration count as a trigger for
sending notices.
4:19:54 PM
REPRESENTATIVE VANCE replied that these are appropriate
questions for the division.
4:20:11 PM
CHAIR KAWASAKI said that the language speaks to the legislative
intent and shared that he personally had not had to change his
registration, as it is a simple and automatic process. He said
it is more of a technical question.
4:20:52 PM
REPRESENTATIVE VANCE said the intent of HB 129 is to clean up
voter rolls.
4:21:05 PM
SENATOR WIELECHOWSKI expressed concern about the large transient
population in his district and emphasized the need to prevent
disenfranchisement of these individuals. He highlighted that if
the department is mandated to send a notice but the address has
expired, those individuals would never receive notification.
4:22:05 PM
SENATOR CLAMAN said a bill was heard last year that was critical
of the ERIC system and asked Representative Vance for her
opinion.
4:22:27 PM
REPRESENTATIVE VANCE mentioned that there has been controversy
surrounding the ERIC system. She expressed concerns about its
reliability due to fewer states participating, resulting in less
robust data. She also noted that it is not a government-operated
system, which raises questions about its security. She
emphasized that HB 129 aims to address these concerns by
ensuring that the public relies on trusted data sources.
4:23:47 PM
SENATOR CLAMAN asked if there are any other national sources
with this data.
4:24:03 PM
REPRESENTATIVE VANCE responded that she believes there was
previously available data when she initially introduced HB 129.
4:24:24 PM
CHAIR KAWASAKI opined that he is unsure if an adequate
substitute for the ERIC system exists.
4:25:22 PM
CHAIR KAWASAKI opened public testimony on HB 129.
4:25:56 PM
TOM STEWART, Director of Policy, Secure Democracy USA,
Baltimore, Maryland, testified on HB 129. He stated that there
are opportunities to strengthen election administration in
Alaska and emphasized Secure Democracy's commitment to
collaborating with policy leaders to improve voter access across
the state. He urged committee members to take further action to
enhance the election process in Alaska, including by reaching
out to Alaskan voters who have changed their address. The
organization supports cross-checking voter registration across
multiple voter databases. He encouraged the committee to
carefully review the timeline, noting that many voters may have
moved and not voted in the previous two years as opposed to the
previous two general elections, so as in current law, the
division should activate voter registration. A shorter period
might result in a surge of ballots needing further review. He
encouraged members to collaborate with Director Beecher to
understand the potential impact on the increase in questioned
ballots. He expressed appreciation for the committee's efforts
to bolster voter confidence and encouraged the passage of
bipartisan legislation, such as last year's SB 138, which would
align Alaska's election systems with practices of other
legislatures. SB 138 would strengthen election security through
signature matching and would replace the witness requirement
that is burdensome to rural and elderly voters.
4:30:40 PM
SENATOR CLAMAN asked Mr. Stewart to limit his public testimony
to HB 129.
4:31:12 PM
SENATOR CLAMAN acknowledged that he highlighted one of his
questions about language under the legislation that states, "the
notice is sent to the voter." In reality, it may not have always
been received. He asked how he believes Mr. Steward how the
legislature could balance this issue in a timely manner
considering the possibility that some people may not receive
mail.
4:31:59 PM
MR. STEWART responded that "sent" does not necessarily equate to
"received." He noted that in other states, the current process
often involves sending two notices. His organization is
concerned about whether HB 129 would lead to an increase in
questioned ballots which in a general election year, could be a
real problem.
4:33:34 PM
CHAIR KAWASAKI announced public testimony.
4:34:25 PM
ALEX KOPLIN, League of Women's Voters, Alaska, Homer, Alaska,
testified on HB 129. He said HB 129 is a voter suppression bill
and a negative law proposal that would purge voters from being
able to vote as a result of severe guidelines. While many non-
partisan groups advocate for increased voter turnout, this
legislation is restrictive in nature. Testimony on HB 129 in
regard to the 2022 election did not indicate a lack of trust in
elections, and opined that Division of Elections does a good
job. He stated that elections are currently functioning normally
and expressed concern that this regressive bill, which passed
the House chamber, does not encourage voting. This legislation
would punish voters based on misinformation. He said he trusts
the division, which already has procedures in place, and argued
that HB 129 would consume unnecessary time and energy. In
reality, HB 129 is frightening.
4:38:23 PM
MICHAEL GARVEY, representing self, Anchorage, Alaska, testified
in opposition to HB 129. He said he is Advocacy Director for
ACLU of Alaska. He stated that HB 129 would make it more
challenging for rural voters to access election systems. He
explained that the bill would modify the steps for identifying
and notifying voters who would be inactivated, reducing the
timeframe from four to two years. He highlighted that infrequent
voters, especially those with limited English proficiency, would
be affected by this legislation. The 45-day timeline
disproportionately affects rural Alaskan voters for whom mail
and internet service is less reliable than in urban areas. He
stated that voting is a civil and constitutional right and
suggested removing the witness requirement on absentee ballots,
which he believes serves no security purpose. He urged the
committee to advance legislation that address these issues
rather than HB 129.
4:40:52 PM
CHAIR KAWASAKI left public testimony open on HB 129.
(Timestamp)
CHAIR KAWASAKI held HB 129 in committee.
SB 246-LEGISLATORS LEGAL FUND
4:41:33 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO.
246 "An Act relating to a legal fund to pay attorney fees and
costs in an election contest; and providing for an effective
date."
[SB 246, version S, is SB 246, version A.]
4:42:01 PM
SENATOR DAVID WILSON, District N, Alaska State Legislature,
Juneau, Alaska, paraphrased the sponsor statement for SB 246:
[Original punctuation provided.]
Sponsor Statement
Senate Bill 246 v. S
"An Act relating to a legal fund to pay attorney fees
and costs in an election contest; and providing for an
effective date."
Currently, there is no clear mechanism for
legislators to cover legal expenses incurred by an
election contest, which can be substantial and
burdensome. SB 246 outlines how legislators may use a
legal fund to pay attorney fees and costs incurred if
their election is challenged. The fund will be
regulated by the Alaska Public Offices Commission.
This bill provides a way for legislators to receive
donations from supporters to defend their election in
court.
SB 246 is intended to protect the integrity of
the electoral process and ensure legislators are not
deterred from seeking or holding office by the threat
of costly litigation. To promote transparency and
accountability, the bill sets limits and disclosure
requirements for the contributions and expenditures of
the fund. The Alaska Public Offices Commission will
adopt regulations covering how to establish a legal
fund, what expenses are allowed from a legal fund,
what to do with surplus money from a legal fund, and
how to disclose contributions and expenditures from a
legal fund. I urge your support for SB 246.
SENATOR WILSON said he would work with the Senate State Affairs
Committee, stakeholders, and the Division of Elections to make
needed changes.to SB 246. He stated that there is a clear
delineation that APOC would establish and implement a fee
schedule, after elections.
4:44:38 PM
JULIA FONOV, Staff, Senator David Wilson, Alaska State
Legislature, Juneau, Alaska, presented the sectional analysis
for SB 246.
[Original punctuation provided.]
Sectional Analysis
Senate Bill 246 v. A
"An Act relating to a legal fund to pay attorney fees
and costs in an election contest; and providing for an
effective date."
Section 1 (Page 1, line 4, through page 4, line 1):
Amends AS 15 (Elections) .13 (State Election
Campaigns)
.116 (Disbursement of campaign assets after election)
Page 2, line 17, through line 21: (a) (6) Repeals
ambiguous language regarding a fund for costs related
to an election challenge. Replaces it with a reference
to a legal fund as established under section 3 of this
bill.
Section 2: Adds a new subsection to AS 24 (Legislature
and Lobbying) .60 (Standards of Conduct) .080 (Gifts).
Page 4, line 2 through line 4: (l) Specifies that
contributions made to a legal fund as established
under section 3 of this bill do not qualify as gifts
if the reporting requirements under section 3 of this
legislation are met.
Section 3: Adds a new section .111 (Legal funds) to AS
24 (Legislature and Lobbying) .60 (Standards of
Conduct).
Page 4, line 5 through line 17: (a) Allows a
legislator to establish a legal fund to pay attorney
fees and costs incurred in an election contest.
(b) Specifies that a legislator may, at any time,
solicit and accept contributions to a legal fund
established
under this section. Requires the Alaska Public Offices
Commission to adopt regulations on the following:
(1) establishing a legal fund,
(2) identifying allowable uses of money in and the
disposition of surplus money from a legal fund, and
(3) requiring disclosure of contributions to and
expenditures from a legal fund.
(c) Specifies a contribution to a legal fund is not
subject to the restrictions on fund raising during
session or the disclosure requirements for gifts under
the Legislative Ethics Act.
Section 4: Effective date. Provides an immediate
effective date
MS. FONOV added that as it is written, SB 246 only applies to
legislators. Following conversations with legislators and
regulators, the bill sponsor is pursuing changes for legal funds
to apply to all candidates.
4:47:35 PM
CHAIR KAWASAKI asked if SB 246, version S, that the committee
received, is the correct version.
4:47:46 PM
CHAIR WILSON acknowledged a typo in the bill.
4:47:55 PM
SENATOR CLAMAN acknowledged that there are currently no campaign
finance limits and inquired whether the intent of SB 246 is to
ensure that legal funds would not be subject to finance limits
on how much a person can contribute.
4:48:23 PM
SENATOR WILSON noted that SB 246 does not establish campaign
finance limits but suggested that it could be considered. He
pointed out that legislators can currently receive unlimited
campaign contributions that can be allocated toward legal
defense funds.
4:48:48 PM
SENATOR CLAMAN noted that while in session, legislators are
prohibited from raising money for reelection. However, during
the session, they are allowed to raise funds for a legal fund to
cover legal expenses.
4:49:06 PM
SENATOR WILSON stated that under the Ethics Act, legislators can
currently receive gifts under $250 for the purposes of a
campaign fund. However, there is no requirement for disclosure
information regarding the expenses of those funds that can be
received while in session.
4:49:28 PM
SENATOR CLAMAN asked for confirmation of his understanding that
legislators can receive legal contributions to pay for legal
expenses without a disclosure requirement.
4:49:36 PM
SENATOR WILSON replied yes and said the contribution would need
to remain under $250 in accordance with the Ethics Act.
4:49:55 PM
CHAIR KAWASAKI opened public testimony on SB 246; finding none,
he closed public testimony.
4:50:27 PM
CHAIR KAWASAKI held SB 246 in committee.
SB 232-VOTER PREREGISTRATION FOR MINORS
4:50:44 PM
CHAIR KAWASAKI announced the consideration of SENATE BILL NO.
232 "An Act relating to voter preregistration for minors at
least 16 years of age."
4:51:11 PM
JOE HAYES, Staff, Senator Scott Kawasaki, Alaska State
Legislature, Juneau, Alaska, presented SB 232 on behalf of the
sponsor:
[Original punctuation provided.]
Sponsor Statement
Senate Bill 232
"An Act relating to voter preregistration for minors
at least 16 years of age."
With the implementation of automatic registration
through the PFD application, Alaska took one step
closer to ensuring comprehensive voter registration.
Through Senate Bill 232 Alaskans who are at least 16
years of age will be able to pre-register to vote,
taking that effort the next step.
SB 232 focuses on facilitating and developing future
generations of eligible voters, into confident and
active ones. Across the United States younger voters
are becoming more engaged in our electoral processes,
and it now falls to us in the legislature to continue
to advocate and expand opportunities for young
Alaskans to make their voices heard.
SB 232 allows these citizens to voluntarily pre-
register and in accordance with existing Alaska
statute, become eligible to be placed on voting rolls
90 days before their 18th birthday. Current statute
allows Alaskans who are 17 years old to be able to
register to vote within 90 days of their 18th
birthday. By expanding the statute to include citizens
who are 16 years old, we create a longer period of
time where young Alaskans are aware of the rights,
they will gain upon turning 18 and can begin to
develop the habits of informed and engaged voters.
Pre-registration is increasingly common across the
nation, with 23 states and the District of Columbia
offering some form of preregistration before an
individual turns 18. The results in these places have
shown increases in younger voter participation, which
leads to lifelong voters. SB 232 empowers families,
communities and educators to foster civic engagement
from a younger age, while also adding an additional
opportunity to ensure that every citizen in Alaska is
registered to vote. This simple change to Alaska's
current voter eligibility requirements would afford a
unique opportunity to young Alaskans to be engaged and
informed about current events that they will soon be
able to vote upon and thereby laying a strong
foundation in civics.
As Alaskans we maintain one of the most unique and
engaged political system across the country, and by
ensuring early access to voter registration, materials
and resources, we are ensuring greater participation
from younger voters for generations to come.
4:54:01 PM
MR. HAYES presented the sectional analysis for SB 232:
[Original punctuation provided.]
Sectional Analysis
Senate Bill 232
"An Act relating to voter preregistration for minors
at least 16 years of age"
Section 1 Amends AS 15.07.040 : Changes when Alaska
residents can pre-register to vote to 16 years of age.
Current statute allows citizens who are 17 years old
to be able to register to vote within 90 days of their
18th birthday.
4:54:38 PM
SENATOR CLAMAN asked what would occur under SB 232 if someone
registered 80 days before their birthday.
4:55:05 PM
MR. HAYES said SB 232 would cover them and change the
registration age from 17 to 16 years.
4:55:26 PM
CHAIR KAWASAKI announced invited testimony and opened public
testimony on SB 232. He introduced Amy Galloway, Alaska 2020
Teacher of the Year, detailed her work history, and thanked her
for her dedication to her students.
4:56:49 PM
AMY GALLOWAY, Teacher, West Valley High School, Fairbanks,
Alaska, invited testimony for SB 232. She expressed her belief
that the bill would be a powerful tool to support voter turnout.
Galloway explained that her students often struggle to
understand the voter registration process and would benefit from
tools to help them navigate it. With several upcoming elections
in Alaska, she emphasized the importance of ensuring students
are informed about the process. Making voter registration easier
is crucial for protecting democracy in Alaska and suggested that
schools are the ideal place to teach students how to register to
vote. Under SB 232, teachers could offer optional instruction on
voter registration. She recalled her experience attending a
local government candidate forum with thousands of participants
and highlighted the low participation in voter registration
among students due to the 18-year-old age requirement. In
preparation for her testimony, she surveyed her senior class
about lowering the voting registration age and found that the
majority believed it would make a difference. One student stayed
after class and mentioned that their student council adopted a
resolution to lower the voting registration age. Allowing 16-
year-olds to pre-register to vote would engage them in the
electoral process and increase informed voter turnout among 18
to 24-year-olds. She pointed out that 18 states, including
Florida, Louisiana, and Hawaii, already permit pre-registration
at 16-years-old, and she stated her belief that Alaska should
follow suit.
5:02:00 PM
CHAIR KAWASAKI asked about the current size of her classes.
5:02:13 PM
MS. GALLOWAY responded that most of her classes consist of
around 29 students. However, higher numbers are accommodated in
World and U.S. History classes to accommodate the need to
rebuild other programs. She expressed concern that as class
sizes increase, specialty classes are lost due to lack of
funding. There is a risk of potentially losing advanced
placement (AP) government as a result.
5:03:41 PM
ALEX KOPLIN, League of Women's Voters, Homer, Alaska, invited
testimony for SB 232. He highlighted several reasons why the
League of Women Voters supports preregistration, including
studies that have shown the impact of preregistration efforts.
Koplin noted that 18 states, including Washington D.C.,
currently allow preregistration. SB 232 has the potential to
bring about positive change in Alaska. Having voter drives in
high schools is an excellent avenue for civics education and
allowing young students to complete voter applications at 16
would be an effective way to introduce topics issues and educate
students on relevant issues. He spoke to the importance of SB
232 in ensuring readiness and lifelong political engagement
among young people. He noted that many teenagers miss the
deadline for voter registration. Allowing young people the
opportunity to register to vote at an earlier age would address
this issue. He suggested a shift from the approach that
attributes young people as "lazy" or "uncaring" to one that
emphasizes action and support. He said the League of Women
Voters in Alaska fully supports SB 232.
5:09:21 PM
CHAIR KAWASAKI left public testimony open on SB 232.
(Timestamp)
CHAIR KAWASAKI held SB 232 in committee.
5:10:16 PM
There being no further business to come before the committee,
Chair Kawasaki adjourned the Senate Resources Standing Committee
meeting at 5:10 p.m.
| Document Name | Date/Time | Subjects |
|---|---|---|
| SB 232. Sponsor Statement.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB0232A.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB 232. Sectional Analysis.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB 232 Fiscal Note.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| SB 232.supporting Documents.1.31.24.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| HB 129 - v.S.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - v.S Sponsor Statement.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - v.S Sectional Analysis.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - Why Does Alaska Have a 106 Voter Regisration Article.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - PILF-best-practices-report-FINAL.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| HB 129 - Voter Registration Slideshow Presentation.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| LWVAK supports SB 232 (1) (1).pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| Division of Elections - Senate State Affairs Presentation - 03.05.24.pdf |
SSTA 3/5/2024 3:30:00 PM |
Div of election report Division of Elections Overview |
| HB 129 revised fiscal note.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| Voter Pre-reg SB 232 LOS.docx.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 232 |
| HB 129_ Voter Registration.docx.pdf |
SSTA 3/5/2024 3:30:00 PM |
HB 129 |
| SB 246 Sectional Analysis v. S.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 246 |
| SB 246 Sponsor Statement v. S.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 246 |
| SB 246 v. S.pdf |
SSTA 3/5/2024 3:30:00 PM |
SB 246 |