HB 66-ELECTIONS, VOTING, BALLOTS  [Contains discussion of SB 39] 1:56:24 PM CHAIR CLAMAN announced that the final order of business would be HOUSE BILL NO. 66, "An Act relating to voting, voter qualifications, and voter registration; relating to poll watchers; relating to absentee ballots and questioned ballots; relating to election worker compensation; and providing for an effective date." CHAIR CLAMAN recalled that, during the Thirtieth Alaska State Legislature, the House Judiciary Standing Committee had held a hearing on a previous version of HB 66 in April 2017, and the bill had been moved from committee. He added that items such as eliminating the witness requirement for absentee ballots, pay increases for workers, and "curing" provisions may not have been part of the previous version of the bill. 1:57:18 PM REPRESENTATIVE CHRIS TUCK, Alaska State Legislature, as prime sponsor, introduced HB 66. Representative Tuck stated that 2020 was a year that exemplified safe and secure elections in Alaska and the other 49 states. He stated that it had been reported that the 2020 election was one of the most secure elections in history. He referenced reports made by the United States law enforcement and intelligence communities concluding that no evidence of significant voter fraud had occurred. He cited a publication by the Brookings Institute, entitled "It's Official- The Election Was Secure." He stated that in the last election, more votes than ever had been cast: 361,000 out of 599,687 eligible Alaskan voters cast a ballot. He suggested that voters were allowed to vote by mail safely and conveniently, despite the pandemic. He stated that there were two primary goals for the passage of HB 66; the first would be to allow voters to opt to vote by mail in perpetuity until an election is missed, and the second would be to expand access to voting and modernize elections by authorizing same-day voter registration and allow for notification and opportunity to cure any ballot's technical issues found. He added that the bill would allow for absentee ballots to be counted as they are received rather than awaiting the polls closing to begin counting. 1:59:59 PM REPRESENTATIVE TUCK stated that the higher volume of absentee voting had had a more significant impact on the recent election than on prior elections. He explained that HB 66 also would seek to clarify terminology and eliminate confusion between early voting and in-person absentee voting among different locations in the state. Further, the bill would aid in creating consistent polling locations, provide that candidates and groups sponsoring ballot initiatives be allowed observers at the polls, and provide for paid postage on absentee ballots. Representative Tuck added that, currently, a voter may request to vote absentee in an election, and that HB 66 would provide an option to voters to choose to vote by absentee ballot for all future elections. He suggested that the passage of HB 66 would help to create a more equitable accessible voting system by putting voters first and ensuring that every Alaskan is entitled to one vote. 2:03:44 PM CHAIR CLAMAN announced that the committee would hear invited testimony. 2:04:12 PM PADDY MCGUIRE offered a brief history of his background and employment. He endorsed HB 66 as a significant step forward in correcting issues in Alaska law that would make voting from home easier and more accessible. He opined that, following the 2020 election, public sentiment has risen in favor of being able to vote from home. He offered his opinion based on experience that the provisions of HB 66 have been successfully adopted elsewhere. He stated that allowing voters to choose to vote absentee for future elections would reduce the burden on election administrators when compared to administering repeat requests for absentee voting. He stated that, in 1998, the State of Oregon had adopted vote by mail, and it followed that 70 percent of voters chose to become permanent absentee voters. He added that the State of Washington introduced same-day voter registration and, while not without some technical difficulties, voters were able to cast a ballot rather than be turned away. He added that postage and cure remedies adopted by the State of Washington had been popular among voters, and increased security by detecting fraud by means of the cure process. 2:07:25 PM MR. MCGUIRE imparted that the State of Washington begins tallying ballots as soon as they are received and has penalties in place to prohibit revealing results early. He added that pay to election workers in his jurisdiction ranges from $15-18 per hour and expressed his surprise that Alaska election workers were not paid at or above the same rate and expressed his belief that the State of Washington's higher wage had increased employee retention. 2:09:01 PM AMBER MCREYNOLDS, Chief Executive Officer of the National Vote at Home Institute, described the institute as a national, non- partisan, non-profit organization that works on expanding access to vote at home and on improving elections systems overall. She stated that the organization's values are fairness, accessibility, security, transparency, equity, and reliability in elections systems. She endorsed HB 66 on behalf of the organization. She recalled her experience as an election official in the State of Colorado, where vote by mail had been expanded and stated that, over time, more voters chose to use the vote by mail option, in record numbers. She added that HB 66 would expand voter choice to either vote in advance of election day or on election day. 2:12:09 PM KENDRA KLOSTER, Executive Director, Native Peoples Action (NPA) and Native Peoples Action Community Fund (NPACF) testified in support of HB 66. She explained that the two sister organizations that she represents are indigenous, non-profit organizations focused on protecting traditional [Native] ways of life by providing Alaska Native communities with a voice at all levels of policymaking. She explained that her advocacy for voting reform has evolved as more is learned about voting issues in Alaska. MS. KLOSTER said that NPACF had hired fifteen rural voter engagement specialists during the 2020 election and had sent out more than 57,000 absentee voting applications in response to community concerns voiced around COVID-19. She shared NPACF's summation of voter concerns that had been identified as barriers to voting including insufficient ice on the river prohibiting travel to polls, unfulfilled online requests to receive absentee ballots, communities in lockdown due to COVID-19, and post office closures and voters' inability to obtain postage to vote absentee. 2:15:40 PM MS. KLOSTER spoke in favor of ballot curing. She encouraged the committee to seek additional solutions to eliminate barriers to voting, and she expressed her opinion that HB 66 is a good start to addressing some of the barriers. She encouraged additional outreach and voter education efforts, including diversity in languages for election education efforts. 2:18:17 PM REPRESENTATIVE KURKA referred to page 1, line 11, of HB 66 and asked whether the bill would allow for adequate time and process to verify citizenship [of voters seeking registration]. 2:19:37 PM REPRESENTATIVE TUCK answered that the Alaska State Constitution prescribes a 30-day residency requirement that HB 66 would not circumvent. He exemplified situations such as in which a resident changed districts or in which a voter sought new registration, he/she would be subject to a question ballot, a special needs ballot, or an in-person absentee ballot. He explained that all three ballot types are examined for voter eligibility by the same process. He noted that language in Section 12, [on page 6], line 25 through page 7, line 2 would be eliminated, but the language is included in Section 13 on how a person voting by means of a question ballot, special needs ballot, or an in-person absentee ballot would be qualified. 2:21:02 PM REPRESENTATIVE KURKA referred to proposed language in Section 2, on page 2, line 30, through page 3, line 3, which read: (14) an acknowledgment of understanding by the applicant that, if the applicant has previously been registered to vote in another jurisdiction, the director will notify the chief elections officer of that jurisdiction that the applicant has registered to vote in Alaska and request the applicant's voter registration be canceled in that jurisdiction. REPRESENTATIVE KURKA asked, should the voter not inform the director, how the director would be informed as to whom to contact in another state. 2:21:57 PM REPRESENTATIVE TUCK explained that the state has a paid partnership with the Election Registration Information Center (ERIC) that allows the Division of Elections to verify residency in a manner similar to the methodology that is used for residents to be verified to obtain a REAL ID. 2:23:12 PM REPRESENTATIVE KURKA asked whether the verification process would be completed within the 30-day required timeframe. REPRESENTATIVE TUCK deferred to the Division of Elections to confirm but offered that the verification process would be allowed up to the deadline of certification of the election. 2:24:18 PM CHAIR CLAMAN opened public testimony on HB 66. 2:25:11 PM JOEL HANSON testified in support of HB 66. He stated that he had since retired from commercial fishing and had voted absentee or by mail for many years. He stated his support of prior legislation that associated the Alaska permanent fund dividend (PFD) application process with an opt-out provision for automatic voter registration. He claimed that HB 66 would retain the opt-out provision and stated that SB 39 would change the voter registration via PFD application to an opt-in process. He cautioned that voter turnout could diminish significantly should SB 39 pass unless HB 66 should pass and allow for same- day voter registration at the polls. He stated that he had observed public testimony regarding allegations of voter fraud and suspicious activity pertaining to the 2020 election and said that none of the allegations had convinced him of widespread voter fraud. He added that most suspicious activity reported in testimony had been resolved by voters themselves choosing not to participate in fraudulent activity. 2:27:40 PM TERRI LYONS, testified in opposition to HB 66. She specified her opposition to electronic signatures and early voting. She emphasized her opposition to eliminating witness signatures. She also stated her opposition to proposed pay raises for election officials. She suggested that the passage of HB 66 would result in the state becoming subject to extreme voter fraud. She stated that she and her late husband had received absentee ballots in the mail, though no such absentee ballots had been requested by them. 2:29:13 PM DOUG WOODBY testified in support of HB 66. He stated that the passage of HB 66 would expand voter access, modernize Alaska elections, make it more convenient to vote before election day, make it easier to vote on election day. The proposed legislation would require the Division of Elections to inform a voter when an absentee ballot has an error and is subject to rejection and provide for a voter to be able to cure mistakes. 2:30:19 PM LOREN PETERSON, Chairman & President, Azachorok Incorporated, testified in support of HB 66. He explained that Azachorok Incorporated is a corporation headquartered in Anchorage and serves shareholders in Western Alaska, including the Lower Yukon. He suggested that the region had experienced disenfranchisement including in elections. He stated the board of directors of the corporation unanimously resolved support for ballot curing. He stated that he had been an active voter, as were his parents. He stated that his signature had changed over time and absentee ballots should allow for a curing process should signatures not match. He requested the committee consider allowing for a curing process for mail-in ballots. He further suggested that voter turnout would increase should HB 66 pass. 2:33:23 PM CELESTE HODGE GROWDEN, President & Chief Executive Officer, Alaska Black Caucus; Executive Vice President, National Association for the Advancement of Colored People, described the Alaska Black Caucus as a non-partisan organization that advocates for the lives of black and other people of color in Alaska in the areas of health, education, economics, and justice. She suggested that in Alaska and other states some voter suppression bills had been introduced based on fear and unsubstantiated rhetoric that erode voting rights. She suggested that HB 66 would enable every voter to be heard by way of their ballot. She emphasized that vote by mail would allow more voters to participate in elections despite personal and economic barriers to voting. She suggested that HB 66 would make voting more accessible and more secure. She stated fierce opposition to discriminatory practices and described prior discriminatory practices that made it more difficult for people of color to vote. 2:36:24 PM JESSICA LINDMAN testified in support of HB 66. She stated that she had been a resident of Oregon and there had voted exclusively by mail. She stated her understanding that there had not been any evidence of widespread voter fraud. She stated that the State of Oregon also had permitted a ballot curing process and expressed her dismay at learning that Alaska had no such process. 2:37:36 PM RICK PHILIPS testified in support of HB 66. He stated that he would support any bill that would make it easier to vote. He read from the Constitution of the United States, as follows: "The right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude." He suggested that the right to vote should be assigned at birth. 2:38:58 PM ALEX KOPLIN, Member, Kenai Peninsula Votes, testified in support of HB 66. He complimented the Division of Elections and its staff for their work on the 2020 election. He spoke in support of ballot curing, prepaid postage on absentee and mail-in ballots, the elimination of the witness signature requirement, and the option for voters to opt for permanent absentee ballots. He claimed that SB 39 had not been subject to public testimony to date. He encouraged bipartisan support of HB 66. 2:41:38 PM CHARLES MCKEE testified in opposition to HB 66. He stated that he had provided testimony in opposition to SB 39. 2:43:27 PM CASSIE LAWVER testified in opposition to HB 66. 2:43:56 PM JOHN SONIN testified in support of HB 66. He encouraged free and fair elections and making it easier to vote. He suggested that HB 66 was perfect and urged the committee to pass it. 2:46:48 PM MIKE COONS testified in opposition to HB 66 and stated his support of SB 39. He suggested that same-day voter registration, ballot curing, and eliminating the witness signature requirement render the election system open to voter fraud. 2:49:39 PM ANNETTE ALFONSI testified in support of HB 66. She shared a personal story of her disability and her resulting difficulty in voting in previous elections. She emphatically supported provisions of the bill that would aid disabled citizens in voting. She suggested that ballot curing for mismatched signatures would be a fraud prevention measure. 2:51:56 PM BERT HOUGHTALING testified in opposition to HB 66. He suggested that the passage of HB 66 would weaken elections and increase the potential for voter fraud. He opined that the judicial system had subverted a free and fair election in 2020. He recommended that the committee consider revising HB 66 to align with SB 39. 2:54:28 PM NICK MOE testified in support of HB 66. He suggested that ballot curing had been long overdue and suggested that in excess of 1,100 ballots in the previous election had been rejected and may have been counted had a cure process been available. He expressed his support for same-day voter registration, stating that he had encountered young and new voters in his capacity of student government relations at the University of Alaska who had expressed a desire to vote, but had not been allowed due to the 30-day advance registration requirement. 2:56:10 PM EVAN ANDERSON, Director of Civic Engagement for the Alaska Center Education Fund, testified in support of HB 66. He complimented the efforts and adaptations involved in the 2020 election under a global pandemic. He encouraged outreach to existing and new voters to inform them of their voter rights. He stated that his organization had established a hotline that garnered hundreds of calls from voters seeking information. He suggested that same-day voter registration and the option for permanent absentee ballot requests would be the most effective reforms. He suggested that HB 66 would expand the electorate. 2:58:40 PM REBECCA MOORE testified in opposition to HB 66. She expressed concerns that the passage of HB 66 would not provide increased integrity in elections. 2:59:54 PM CHAIR CLAMAN, after ascertaining that there was no one else who wished to testify, closed public testimony on HB 66. CHAIR CLAMAN announced that HB 66 was held over.