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.