SB 142-SOVEREIGNTY OF STATE ELECTIONS  4:10:46 PM CHAIR SHOWER announced the consideration of SENATE BILL NO. 142 "An Act relating to the sovereignty of state elections." Speaking as sponsor, Senator Shower introduced SB 142 paraphrasing the following sponsor statement: [Original punctuation provided.] Congress passed HR 1 in the House but the Senate did not have the votes to break a filibuster. It remains stalled, for now. HR 1 federalizes state elections and foists constitutionally questionable federal mandates upon the states, overriding long honored state election procedures. Congress has the constitutional authority to manage certain aspects of federal elections. Article 1 Sec 4: "The times, places and manner of holding elections for senators and representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing senators." The relationship between states and the federal government has been long and cooperative. States need their federal representatives elected and have the staff, voting system and voter rolls of who is a resident and further prescribes what qualifies a voter. In return, the feds enjoy utilizing the low maintenance state election system to elect our federal congressional members. 4:12:58 PM Today many states, including Alaska, are working to restore confidence in the election system. The last 5 years have shaken the confidence of many Americans in our election process across the political spectrum. In a gross overreach, the federal government is attempting to foist a "one size fits all" approach with HR1 by mandating federal policy nationwide versus the long-standing practice of letting states set policy and manage their own elections. We've heard fake cries of "putting people in chains" and "Jim Crow" type election laws from the highest levels of government, including the president and members of congress. Divisive and virtue signaling language from elected officials does not help solve Americans shaken confidence in our election system. We are asked for ID to "prove" who we are in nearly every aspect of our lives. Asking a voter to prove they are a United States Citizen, resident of a state, or to positively identify themselves is prudent and reasonable. Verifying a person's identity and eligibility to vote is sound policy, it's why we're asked for ID for nearly anything we do today of any significance. Voting is one of the most sacred and important actions we take as citizens. Who we elect and what those officials do affects us at every level of our lives. A Congressional policy of not showing identification to vote is a clear and present danger for our Republic. 4:14:13 PM We believe because the state legislatures formerly gave up the power to choose our own senators, the states are justified with the fight to retain strong control of how they are elected by the people. The 17th Amendment repealed this provision of the constitution and afterward the states prescribed the procedures of the people, not the legislatures, electing their Senators to represent them. If the Federal Government nationalizes the election system, undermining the long tradition of mutual cooperation, or worse, the sovereign rights of a state to manage its internal election affairs, then Alaska should simply tell the federal government to run their own election, bifurcating the election process. Doing so will require the federal government to create its own exhaustive system of voter rolls, voter qualifications, tabulators, reporting, counting, recruiting and training volunteers, and a myriad of other details which are expensive and difficult to manage without the state's cooperation. In short, Congress should think long and hard about the unintended consequences of mandating federalization of elections upon sovereign states and should be reminded it was the states who originally delegated their powers to the United States. (Tenth Amendment). This bill rescinds a portion of that delegated authority. 4:15:16 PM CHAIR SHOWER stated that those who tout HR 1 may not feel the same way when the other party has the presidency, and both bodies of Congress. He stated his preference to maintain the federated system because one size fits all is not the best way to govern. The Founding Fathers recognized this. SB 142 is about protecting states' rights, up to and including bifurcating the election system if necessary. 4:17:07 PM SCOTT OGAN, Staff, Senator Mike Shower, Alaska State Legislature, Juneau, Alaska, presented the sectional analysis for SB 142 that read as follow: [Original punctuation provided.] Sec 1. AS 15.80.001 adds a new section that authorizes the Division of Election Director to determine when a federal election law is inconsistent with a provision of our elections and regulations, it requires the division to stop administering federal elections, but allows them to carry on with state office elections. Furthermore, Sec 1 bans an agency, employee or agent of the state or a municipality from expending funds for aforementioned activity. Additionally, Sec 1 lets the federal government administer its own elections. 4:17:59 PM SENATOR COSTELLO noted the zero fiscal note and asked if Alaskans would be able to vote for the president and federal offices if this bill were to pass. MR. OGAN said the federal government is not prepared to conduct an election but would have to figure out a way to accomplish that formidable task. CHAIR SHOWER offered his understanding that it is a requirement and the federal government would have to organize, pay for, and conduct federal elections. He opined that it would be interesting should this go to court. 4:21:44 PM SENATOR HOLLAND commented that subcontracting elections to the federal government may be a new revenue source. He asked if any other states had successfully pursued similar legislation. CHAIR SHOWER said he would follow up with more information about successes, but he did know that several other states were looking at the issue. SENATOR HOLLAND asked if the Department of Law or Legislative Legal Services had issued an opinion. CHAIR SHOWER replied they will be invited to a subsequent hearing. 4:22:43 PM CHAIR SHOWER stated that the fiscal note for SB 142 currently is zero. He read the analysis for OMB Component Number: 21. This legislation requires the Division of Elections to cease administering federal elections if the director determines that the federal government has enacted a measure relating to voter registration or conduct of elections that is inconsistent with Alaska State election laws. Passage of this legislation will have no financial impact on the division. CHAIR SHOWER held SB 142 in committee.