HB 39-VOTER PREREGISTRATION FOR MINORS  1:37:53 PM CHAIR CLAMAN announced that the next order of business would be HOUSE BILL NO. 39, "An Act relating to voter preregistration for minors at least 16 years of age." 1:38:20 PM REPRESENTATIVE GRIER HOPKINS, Alaska State Legislature, presented HB 39 as prime sponsor. He stated that he had sponsored HB 39 as part of an ongoing effort to take a detailed look at ways to improve the electoral process and to encourage young Alaskans to become active and informed voters. He stated that he had received interest in the bill from young Alaskans, local educators, and fellow legislators. He stated that the main intent of the bill is to allow individuals at 16 years of age to register [prior to becoming eligible to vote at age eighteen], and that HB 39 would not change the voting age. He suggested that the passage of the bill would further voter education and engagement by providing an additional tool for civics educators. He stated that 23 states and Washington, D.C. currently offer some form of preregistration for individuals under 18. He stated that in the State of North Dakota voters are not required to register to vote, and encouraged the committee to review the information contained in committee packet items including those entitled, "HB 39 Supporting Document - Data Excerpts 4.16.2021," "HB 39 Research Document - Increasing Youth Participation The Case for a National Voter Pre-Registration Law 2012 4.16.2021," "HB 39 Research Document - Voter Preregistration Programs (Case Study of Hawaii and Florida) 4.16.2021," and "HB 39 Research Document - Making Young Voters The Impact of Preregistration on Youth Turnout 4.16.2021", from which he cited statistics. 1:43:59 PM REPRESENTATIVE CLAMAN introduced invited testimony. 1:44:22 PM AMY GALLAWAY, Teacher, 2020 Teacher of the Year, testified during the hearing on HB 39. She read from a prepared letter [included in the committee packet], entitled "HB 39 Supporting Document - Letters Received as of 4.11.2021," which read as follows [original punctuation provided]: To: Representative Claman, Representative Snyder, and Committee Members My name is Amy Gallaway. I am a high school civics and CTE teacher in the Fairbanks Northstar Borough and the 2020 Alaska Teacher of the year. I am writing in support of HB39 "Voter Registration Ag. As citizen legislators, you are acutely aware of the necessity of having an informed electorate that is representative of the entirety of the state and not just certain demographics. Allowing non-partisan early voter registration at 16 will empower students to more engaged citizens by demystifying the election process and making the registration process more relevant for more students. Academic studies from NCSL and electoral analyses show that voting behavior is habit- forming. It's important to engage prospective voters early on to create a habit of voting and civic engagement. After 22 years of teaching civics, I can unequivocally state the research is spot on. My students who vote in their first election at 18 or 19 continue to vote throughout their lives whereas my students who did not, are still trying to figure out 5 years later. Most interestingly, I find that my students who are able to register and vote while still in high school are more engaged in our local and state elections instead of only every 4 years for president. Registration is a critical step to protecting the integrity of our elections, but it shouldn't be a barrier. While some say it is "easy", I can tell you from experience students find voter registration HARD and most parents don teach it. Many parents do not vote, especially in local elections, so the education students get about registration and the electoral process comes almost entirely from the school curriculum. Schools are the perfect place to teach how to register to vote because we are already teaching the power and necessity of the vote. By lowering the registration age, teachers can provide the option for all students to register to vote alongside their civics lessons and preregistration drives can be designed to operate on an ongoing basis, even when there is no scheduled election, making learning relevant and empowering students. At West Valley High School, we hold an annual student-run local government candidate forum. It is usually school board or State House races. As a culminating activity, we then hold a schoolwide Kids Voting election. Many students find the election childish since it "doesn't count", even though it is important to teach the process of getting informed, election districts, and how to interact with the ballot. During this time we hold voter registration drives, but often only a handful of students qualify. With HB39 as law, more students each year could register and feel firsthand the importance of engaging the democratic process. We need to increase youth voter turnout so the electorate represents all sectors of society better. Average voter turnout in annual municipal elections hovers between 15-21% and for state elections between 44-48%. In the 2018 election, only 6% of 18-24 year- olds voted. This is not just disheartening, it is unhealthy. Every year I ask students why they think people don't vote. They say, "One vote doesn't really matter, people don't care, and it is HARD to vote". Last year while teaching a lesson on public policy and voter turnout, I had a group of students goofing off. They were talking about the basketball game, their jobs, Snapchat, but definitely not voter turnout. I asked them, "Since young people vote in such low numbers, should the voting age be increased to thirty?" I thought this would outrage them. To my surprise, at least 15 students said, "Sure, it doesn't really matter anyway." Four students even offered to give up their vote altogether; they decided only the people who care should vote. This is the reality in most classrooms in Alaska. By allowing 16-year-olds to register to vote, educators can lower one barrier- how to register. Then use it alongside effective civics programs like Kids Voting, We the People, and iCivics. If we want to make elections fully representative, we need to make the distribution of voting costs and benefits independent of party lines. Simplified voter registration does that. 14 states, including Florida, Louisiana, Hawaii, and Oregon permit preregistration beginning at 16 years old. Alaska should be number 15 so our students can help save the republic. 1:49:53 PM ALEX KOPLIN, Member, Kenai Peninsula Votes, testified in support of HB 39. He explained that the organization which he represents is a non-partisan group of citizens who promote voter education and voting. He suggested that the passage of HB 39 would result in voters being able to register between the ages of 16 and 17 and would increase voter participation. He stated his understanding that 14 states and Washington, D.C. permit preregistration for voters who are 16 years of age [or older], and more states allow preregistration for voters who are 17 years of age [or older]. He opined that preregistration of voters would allow education in civics. He stated that, during his time as a high school teacher, he encouraged his students to complete a voter registration form, regardless of their age. He stated that, in some states, individuals as young as 16 years of age may vote in certain elections. He suggested that the passage of HB 39 would strengthen civics education. He urged bipartisan support for HB 39. 1:52:29 PM CHAIR CLAMAN informed the committee that staff from the Division of Elections, Department of Law, and Department of Health and Social Services were available to answer questions. 1:52:59 PM REPRESENTATIVE KURKA shared with the committee concerns expressed to his office by constituents that this bill would be a precursor to lowering the voting age. He expressed his support for voter education. REPRESENTATIVE HOPKINS stated that it was not the intent to lower the voting age and offered his understanding that the federal voting age remains at 18. 1:54:23 PM REPRESENTATIVE KURKA recalled his experience of his parents having brought him into the voting booth as part of his civics education. He asked what need exists to allow voters to preregister and engage in the process [prior to age 18]. REPRESENTATIVE HOPKINS recalled prior testimony that, when students are engaged in the public process, the education on civics becomes relevant to students beyond memorization. He suggested that [the lack of early registration] may not constitute a need; however, it would provide a tool and incentive to generate interest among students. 1:57:16 PM REPRESENTATIVE KURKA stated his understanding that a voter may preregister at age 17. He referred to subsection (c), on lines 13-15: "When a person has preregistered to vote under (b) of this section, the division shall, 90 days before the person reaches 18 years of age, register the person to vote and forward to the person an acknowledgment in the form of a registration card." He asked whether this would allow individuals to be eligible to vote sooner. 1:58:24 PM REPRESENTATIVE HOPKINS answered that HB 39 would allow for an individual to preregister and would not change [when an individual is eligible to vote]. He invited staff from the Department of Law to weigh in on .the question. 1:59:26 PM THOMAS FLYNN, Assistant Attorney General, Labor and State Affairs Section, Civil Division (Anchorage), Department of Law, answered that AS 15.07.040 allows voters to register 90 days preceding their eighteenth birthday and that HB 39 would align preregistration with existing statute. 1:59:50 PM CHAIR CLAMAN provided an example in which an individual preregistered on his/her seventeenth birthday, then on the ninetieth day before his/her eighteenth birthday, registration would be automatic. MR. FLYNN agreed with the example provided by Chair Claman and referred the question to Division of Elections staff. 2:00:22 PM CAROL THOMPSON, Operations Manager, Division of Elections, Office of the Lieutenant Governor, answered that a person may register to vote 90 days prior to his/her eighteenth birthday. She stated that, should HB 39 pass, an individual would then be able to preregister to vote at age 16 and would be registered to vote 90 days prior to his/her eighteenth birthday. She added that existing statute and the Alaska State Constitution specify that a person cannot vote until eighteen years of age. She further explained that the 90-day advance registration allowed an individual to register to vote when he/she turns eighteen immediately prior to an election. 2:01:19 PM REPRESENTATIVE KURKA asked whether an individual who is registered to vote prior to his/her eighteenth birthday may vote before age 18. 2:01:46 PM CHAIR CLAMAN asked whether, if election day is on November first, and an individual registers on October first, and his/her [eighteenth] birthday is December first, that individual would be permitted to vote on November first. MS. THOMPSON answered no; due to an internal tracking on voter registration rolls, an individual's name will not appear on the register at a precinct until he/she is eligible to vote. 2:02:44 PM REPRESENTATIVE KURKA expressed his concern regarding adding preregistration as a third category in addition to the 90-day preregistration [that exists] and asked whether an individual who is registered to vote but not age eighteen prior to an election would be allowed to vote. MS. THOMPSON answered that, currently, when an individual preregisters 90 days prior to his/her eighteenth birthday, the individual appears registered within the system but not published on precinct registers at the polls and would be required to vote on a question ballot. She added that [his/her ballot] would be denied if the individual was not eighteen on or before election day. 2:05:07 PM MR. FLYNN offered that the proposed bill would create a third category of which there already exist the two: registered and eligible to vote and preregistered and automatically registered to vote 90 days prior to election day. The bill would add a category of those who are preregistered [but not automatically registered until 90 days prior to an election]. 2:05:40 PM REPRESENTATIVE KURKA asked whether an extension of the 90-day period [back] to age 16 could be a streamlined approach. 2:06:08 PM REPRESENTATIVE HOPKINS allowed that an extension of the 90-day preregistration deadline could be a solution and welcomed further discussion. 2:06:33 PM REPRESENTATIVE EASTMAN asked, under current statute, when an individual 17 years of age, who preregisters to vote, would receive his/her voter registration card. 2:07:04 PM MS. THOMPSON answered that voter cards are mailed within 2 - 4 weeks of receipt of application. REPRESENTATIVE EASTMAN asked, should HB 39 pass, when that individual would receive his/her voter registration card. MS. THOMPSON anticipated that the process would not change; as soon as the 90-day advance deadline was reached, cards would be mailed. REPRESENTATIVE EASTMAN asked whether Ms. Thompson had encountered a voter who had mistaken his/her voter registration card as [proof of] eligibility to vote. MS. THOMPSON answered that occasionally an underage voter will attempt to vote on a question ballot, and the ballot is rejected and the voter notified. She added that she could not answer whether it was due to the underage voter having a registration card. REPRESENTATIVE EASTMAN asked if an individual was voting for a presidential election only, might a voter be allowed to vote according to federal regulations with a valid voter identification card [when the voter is ineligible]. MS. THOMPSON answered that, even for a federal-only election, a person would still be required to be eighteen years of age in order to vote. She further added that, if they attempted to vote at another precinct on an absentee ballot, the ballot would be reviewed and if, after review, it was determined that the voter was not at least eighteen, then the ballot would be rejected. 2:09:58 PM REPRESENTATIVE EASTMAN asked whether there might be benefit in tying the registering for the [U.S. Selective Service System] to the registration to vote. REPRESENTATIVE HOPKINS suggested that it would likely be a federal matter and suggested that the Department of Military & Veterans' Affairs may be able to answer questions regarding the [U.S. Selective Services System] early registration. 2:11:05 PM REPRESENTATIVE EASTMAN questioned whether preregistration as early as 16 would be so far in advance [of eligibility to vote] that the preregistered voter may not remember when he/she is eligible to vote. REPRESENTATIVE HOPKINS recommended the question be answered by Ms. Galloway. 2:12:30 PM MS. GALLOWAY suggested that although individuals may be eligible to register at age 16, not all students would choose to do so. She suggested that it would be at the option of the voter and would enable students to choose to participate during their [civics] educational experience. She opined that many students would likely choose to register at age 17 or closer to their eighteenth birthday, in advance of an upcoming election. 2:13:52 PM REPRESENTATIVE DRUMMOND referred to the State of Alaska Voter Registration Application [included in the committee packet] and a screenshot of the Division of Elections webpage showing "Who Can Register and Who Can Vote," and she asked for confirmation that a voter who registers on the ninetieth day in advance of his/her eighteenth birthday would receive a voter registration card within 3 to 4 weeks and, if eighteen at the time of election, would be eligible to vote. MS. THOMPSON confirmed this as correct. REPRESENTATIVE DRUMMOND asked if the card is valid when issued if election day is after the voter turns 18 years old. MS. THOMPSON confirmed this as correct. REPRESENTATIVE DRUMMOND asked for confirmation of her understanding that, should HB 39 pass, a voter may register at age 16 and the Division of Elections would issue a voter registration card 90 days in advance of the voter's eighteenth birthday without additional action by the voter. MS. THOMPSON stated her understanding to be the same. 2:17:36 PM REPRESENTATIVE DRUMMOND asked whether the voter registration offered during the permanent fund dividend (PFD) application process indicates the existence of the 90-day [time period] prior to an applicant's eighteenth birthday. MS. THOMPSON deferred the question to be answered by Mr. Flynn. 2:18:27 PM MR. FLYNN answered that AS 43.23.015 indicates that applicants are required to be eligible to vote and would only then be automatically registered to vote. REPRESENTATIVE DRUMMOND indicated that could be problematic. 2:19:23 PM REPRESENTATIVE EASTMAN asked whether information held on [minors] would be held separately from adult information to safeguard against [any data breach]. 2:20:18 PM REPRESENTATIVE HOPKINS expressed that he would be open to the possibility of an amendment to include additional safeguards on minors' data as well as Representative Kurka's earlier concern of maintaining a separate list of individuals who have registered within 90 days prior to their eighteenth birthdays. 2:20:59 PM REPRESENTATIVE EASTMAN asked, should HB 39 pass, how long information is retained on individuals who register at age 16 to vote and subsequently leaves the state. MS. THOMPSON stated that had not been taken into consideration in analyzing the proposed bill. She explained that, should an individual become registered and not vote or have any contact with the division, the registration maintenance logs procedures would apply. REPRESENTATIVE EASTMAN stated that the permanent fund dividend application contains a question as to whether an applicant is registered to vote in another state. He expressed his concern that, should HB 39 pass, a sixteen-year-old, who preregistered to vote and subsequently left the state and registered in another state, would be registered to vote in two states, which could create an issue for the voter. 2:23:55 PM MS. THOMPSON expressed her hesitancy to answer the question, but offered that, should the division receive notification from another state that an individual had registered in that other state, the division would cancel that voter's registration. She further added that voter registration could be cancelled if the division was contacted by the voter and finally, the division conducts yearly voter registration list maintenance. She further referred the question to the Department of Law. 2:24:49 PM CHAIR CLAMAN suggested that the scenario described by Representative Eastman could exist for a voter of any age. 2:25:07 PM MR. FLYNN stated his agreement with Chair Claman's suggestion that the potential issues described could exist for a voter of any age. He added that preregistration is not automatic. 2:25:27 PM CHAIR CLAMAN opened public testimony on HB39 and ascertained that there was no one who wished to testify, and closed public testimony. 2:26:07 PM CHAIR CLAMAN asked Ms. Galloway whether she encourages her students in the classroom to register to vote when they become eligible 90 days prior to their eighteenth birthdays. He asked how the passage of HB 39 might change how students are engaged to register to vote. MR. GALLOWAY answered that each classroom is different, and schools may conduct voter registration drives close to graduation or close to upcoming elections. She explained that, in her classroom, she monitors each student's birthday and offers a voter registration form to a student who is turning 18 as a birthday present. She added that, in her school, there exist teachers who are registrars and provide additional support to students. She suggested that the passage of HB 39 would result in more students preregistering. 2:28:41 PM CHAIR CLAMAN shared his experience while speaking to students in classrooms and suggested that, should HB 39 pass, elected officials could encourage students to vote. 2:29:14 PM REPRESENTATIVE VANCE referred to the fiscal note [included in the committee packet], entitled "HB39-OOG-DOE-4-14-21" and suggested that the analysis contained in the fiscal note warranted scrutiny. She asked, if HB 39 had been enacted prior to the data breach that occurred [with the Division of Elections] prior to the last election, what liability would the state be subject to should minors' [protected] data have been breached. MR. FLYNN stated that he could not answer what liabilities may exist for the state had HB 39 passed. He stated that minors' voter registration data would be included in voter registration rolls. Alaska currently does not have specific protections on data associated with minors; all data is protected under public records statutes. He postulated that other states which have preregistration for minors may have additional protections pertaining specifically to minors' data. 2:31:17 PM REPRESENTATIVE VANCE referred to the fiscal note analysis which read: "...regulations would be necessary to clarify how the division will store this data and what parts will be made available to the public as well as how individuals (or their legal guardians) would interact with the division in the maintenance of the data." She asked what protections currently exist in statute pertaining to minors' information. MR. FLYNN expressed that he is not aware of any individual protections that exist specific to data of minors. 2:31:58 PM CHAIR CLAMAN asked whether Representative Vance was inquiring on protections that may exist on minors' voter registration data that may exist in the 90 days prior to their eighteenth birthdays or data of minors in general. REPRESENTATIVE VANCE specified her inquiry pertained to the protection of data of minors in general. CHAIR CLAMAN asked whether Mr. Flynn's previous answer pertained to protections that may exist on minors' voter registration data or data of minors in general. MR. FLYNN answered that he had spoken to the protection of data of minors in general. CHAIR CLAMAN suggested that some of the discussion taking place pertained to voter registration in general and may be going beyond the scope of HB 39. 2:32:57 PM REPRESENTATIVE EASTMAN referred to line 9 and postulated that the language would not allow for a minor to preregister via the PFD application process and asked for conversation with the bill's sponsor regarding an instance where a parent would preregister his/her child to vote via that process. REPRESENTATIVE HOPKINS asked whether Representative Eastman's question was whether or not to include preregistration as part of the PFD application process. REPRESENTATIVE EASTMAN asked for conversation on whether to include preregistration as part of the PFD application process of a parent on behalf of a minor. REPRESENTATIVE HOPKINS answered that one of the purposes of the proposed legislation would be to encourage students' engagement in their civics education. He opined that automatic voter preregistration through the PFD application process would not work toward that purpose. 2:34:51 PM CHAIR CLAMAN announced that HB 39 was held over.