HB 95-ELECTIONS; ELECTION INVESTIGATIONS  4:18:28 PM CHAIR KREISS-TOMKINS announced that the next order of business would be HOUSE BILL NO. 95, "An Act relating to elections and election investigations." 4:18:52 PM CORI MILLS, Deputy Attorney General, Civil Division, Office of the Attorney General, Department of Law (DOL), on behalf of the House Rules Standing Committee, sponsor by request of the governor, provided a PowerPoint presentation, titled "HB 95; An Act Relating to Elections and Election Investigations" [hard copy included in the committee packet]. She outlined the purpose of HB 95 on slide 2 as follows, "To authorize the Attorney General to conduct civil investigations into election law violations and to bring civil enforcement actions if a violation is found." She continued to slide 3, explaining that under current statute, if DOE identifies suspicious behavior, the only recourse is a criminal referral. The proposed legislation, she said, would provide another alternative by allowing for a civil investigation referral as well [slide 4]. She turned to slide 5, which listed the advantages of a civil investigation: halting unlawful behavior efficiently; an appropriate evidentiary standard for the alleged violation; and empowering DOE to ensure adherence to proper elections processes. Slide 6 outlined examples where parallel civil action and criminal prosecution may occur. Slide 6 read as follows [original punctuation provided]: • Audits of Medicaid providers may lead to civil recoveries of overpayment or injunctions; and may be prosecuted under criminal laws. •Civil licensing actions and criminal prosecutions concerning allegations of abuse or neglect at assisted living facilities •Civil Child In Need of Aid (CINA) investigations of neglect or abuse that may be prosecuted criminally MS. MILLS progressed to slide 7, which provided a flow chart of the proposed complaint referral process. If the bill were to pass, upon receiving a complaint, DOE would determine whether it warranted investigation and either dismiss it or send the complaint to the Attorney General (AG), who has the discretion to conduct an investigation. 4:23:43 PM MS. MILLS concluded the presentation on slide 8, indicating that she had elected to skip the sectional analysis [slides 8-15]. 4:23:56 PM REPRESENTATIVE EASTMAN sought to clarify how the process being created by the proposed legislation would change DOE's existing authority to pursue an investigation. MS. MILLS answered that currently DOE does not have the authority to conduct a civil investigation into election law violations. REPRESENTATIVE EASTMAN sought to confirm that under current language, DOE must turn all civil complaints over to the Alaska Public Offices Commission (APOC) if it's a violation of AS 15.13, as opposed to sending them to the Attorney General. MS. MILLS confirmed that as the entity that oversees campaign finance, APOC has its own authority to investigate; therefore, the intent is to ensure that if DOE receives a complaint that should have been sent to APOC, it gets referred there by the division. REPRESENTATIVE EASTMAN considered a scenario in which the Attorney General becomes aware of activity that warrants an investigation based on the violation of election law. He asked what authority the AG has to pursue that investigation or refer it elsewhere. MS. MILLS said that in a civil context, the AG could attempt to conduct a review based on the available information; however, subpoenas could not be engaged, nor could the confidential gathering of information. Alternatively, in a criminal context, the AG could work with law enforcement and utilize the tools law enforcement has at its disposal. She emphasized that regarding a civil investigation, without the enactment of HB 95, the AG would be reviewing only public records to determine whether a violation could be filed. 4:26:51 PM REPRESENTATIVE EASTMAN directed attention to the language "upon the Attorney General's own motion" on page 2, line 8, of HB 95. He asked whether that is the operative language, which indicates that the AG has the authority to start that investigation. MS. MILLS confirmed that if the Attorney General determines there is an issue, regardless of whether a referral has occurred, then the AG has the ability to initiate a civil investigation. REPRESENTATIVE EASTMAN turned attention to Section 1, on page 1 of the bill, which provides that the legislation only pertains to complaints filed within 30 days of a violation or within 30 days of an election. He suggested that the language is overly restrictive and asked why the 30-day requirement was included and whether it impacts the AG's authority to pursue an investigation that may have been filed after that timeframe. MS. MILLS answered that the AG can start an investigation at any time. She conveyed that the language in question is merely giving a process by which a member of the public could file a complaint; nonetheless, she pointed out that criminal behavior or a violation of the law can always be reported. She indicated that the purpose of the 30-day time limit is for a combination of efficiency and prioritization. 4:30:26 PM REPRESENTATIVE STORY inquired about the ability of other states to conduct civil investigations [pertaining to the violation of election law]. Additionally, she asked about the need for this legislation. MS. MILLS reported that after conducting a review of other states, somewhere between 20-25 have civil investigatory authority at the state level. She indicated that some states have a board of elections - which has investigative authority - rather than a Division of Elections, while others grant that authority to the Secretary of State. In response to a question of need, she recalled 2018, when the division noticed suspicious behavior in the absentee ballot applications for House District 16. She explained that at the time, all DOE could do was set them aside and hand them over to law enforcement. She said HB 95 would provide the division with the authority to identify whether an issue exists and whether it should be pursued. REPRESENTATIVE STORY inquired about the compelling need for this legislation. She asked, "Has this just been a bubbling thing that came to you from the Division of Elections?" MS. MILLS shared her understanding that it's been an "ongoing drip" of issues that come up, which cannot be resolved. She noted that concerns were also raised during the signature gathering process. She opined having the tools to look into suspicious activity would help build the trust and integrity of the system, as people would know that their concerns could be addressed. 4:36:17 PM REPRESENTATIVE EASTMAN expressed his understanding that HB 95 specifically limits the scope to violations of election rule or law adopted under this title. He asked whether that is an appropriate scope or whether other election laws or rules in other titles should be included. MS. MILLS replied that she is unaware of any glaring areas that would need to be addressed. REPRESENTATIVE EASTMAN pointed out that he did not notice any provision included in the bill that requires DOE to cooperate with any investigation the AG may choose to pursue. He wondered whether the addition of such language had been considered. MS. MILLS directed attention to the fourth bullet point under "Proposed Clarifications" on slide 14 of the PowerPoint presentation, which states, "Requires states agencies to provide the AG documents needed for investigation while permitting the documents to remain confidential if they are confidential." She noted that corresponding language was added to the companion bill in the Senate. She emphasized that [the Office of the Attorney General] was in support of that proposed clarification. 4:38:45 PM REPRESENTATIVE KAUFMAN returned attention to the scope of the bill and asked how "applicable statewide" would interface with the Municipality of Anchorage. MS. MILLS clarified that the bill would not engage with any municipal elections. She reiterated that the scope is specifically directed at statewide, state-run elections. 4:39:34 PM CHAIR KREISS-TOMKINS announced that HB 95 was held over.