SB 138-ELECTIONS; VOTER REG.; CAMPAIGNS  3:53:31 PM CHAIR KAWASAKI reconvened the meeting and announced the consideration of SENATE BILL NO. 138 "An Act relating to elections; relating to voters; relating to voting; relating to the crime of unlawful interference with voting in the first degree; relating to campaign signs; relating to the reporting of financial and business interests by certain municipal officers and former officers and candidates for municipal office; relating to the Redistricting Board; and providing for an effective date." He noted that there was a committee substitute (CS) for the committee to consider. 3:53:53 PM SENATOR WIELECHOWSKI moved to adopt the committee substitute (CS) for SB 138, work order 33-LS0783\B, as the working document. 3:54:06 PM CHAIR KAWASAKI objected for purposes of discussion. 3:54:26 PM MATT LONGABAUGH, Staff, Senator Scott Kawasaki, Alaska State Legislature, Juneau, Alaska reviewed the changes from version A to version B of SB 138. Page 2, lines 21-23. The phrase "A change of residence is made only by the act of removal joined with the intent to remain in another place." was removed. Page 3, lines 7 and 9. References to the statutes [AS 15.15.210] for questioning voter qualifications and [AS 15.20.215] for challenging ballot review decisions were added. Section 3. The new paragraph (13) in version A that amended AS 15.07.060(a) was removed. This would have required voter registration forms to include an acknowledgment that the voter understands that if they are registered to vote in another state, DOE will notify the other state and request cancelation of the voter's registration in that state. Page 7, line 4 - page 8, line 2. A new bill Section 10 amends AS 15.07.130(a) relating to notifying voters to verify their voter registration. Page 8, lines 3 - 21. A new bill Section 11 amends AS 15.07.130(b) to conform to the changes in Section 10. Page 8, line 22 - page 9, line 4. A new bill Section 12 amends AS 15.07.130(d) to conform to the changes in Sections 10 and 11. Page 10, line 20 - page 11, line 4. A new bill Section 16 amends AS 15.13.020(j) repealing the requirement for APOC to have offices in every Senate District. Page 11, line 7. The phrase "in a manner that enables each voter to participate effectively in the electoral process" was removed [from the new subsection (f) in AS 15.15.060]. Page 11, lines 22-28. A new bill Section 19 amends AS 15.15 with a new Sec. 15.15.205. A voter who requested an absentee ballot and appears at a polling station to vote may surrender the absentee ballot for destruction or vote a question ballot. Page 16, line 16. The term "signed" was replaced with the term "executed." Page 17, line 28 - Page 18, line 2. The new Sec.15.20.215 clarifies that an observer for any campaign may challenge a ballot review decision. The requirement for the procedure to challenge a decision to provide 24 hours was changed to "a reasonable amount of time." Page 18, lines 10, 19, and 20. The phrase "multi- factor authentication" was removed from Sec. 15.20.221 for clarity. Page 20, line 7. The phrase "for elections conducted by mail" was removed to clarify that secure drop boxes will be provided for all elections. Page 20, lines 8-9. The phrase "if practicable" is applied only to the requirement for drop boxes at the Division of Elections regional offices. Page 21, lines 16-21. A new bill Section 37 amends AS 15.80 adding Sec. 15.80.006 that requires DOE to develop a cybersecurity program. 3:59:52 PM CHAIR KAWASAKI removed his objection; finding no further objection, version B was adopted. He noted there was an Amendment 1. 4:00:04 PM SENATOR WIELECHOWSKI moved Amendment 1, work order 33- LS0783\B.1. 33-LS0783\B.1 Klein 5/2/23 AMENDMENT 1 OFFERED IN THE SENATE BY SENATOR WIELECHOWSKI TO: CSSB 138(STA), Draft Version "B" Page 1, following line 7: Insert a new bill section to read:  "* Section 1. The uncodified law of the State of Alaska is amended by adding a new section to read: LEGISLATIVE INTENT: TRANSPARENCY. It is the intent of the legislature that the division of elections, in order to increase transparency and ensure trust in the integrity of the state's vote counting and tabulation process and to allow members of the public to verify the accuracy of ranked-choice tabulations, (1) in accordance with national best practices for reporting results of ranked-choice voting elections, include preliminary ranked-choice tabulations when releasing preliminary election results; and (2) periodically throughout the vote counting process post updated cast vote record files that include anonymized records indicating the ranking order of each ballot cast." Page 1, line 8: Delete "Section 1" Insert "Sec. 2" Renumber the following bill sections accordingly. Page 12, following line 8: Insert new bill sections to read:  "* Sec. 23. AS 15.15.370 is amended to read: Sec. 15.15.370. Completion of ballot count;  certificate. When the count of ballots is completed, and in no event later than the day after the election, the election board shall make a certificate in duplicate of the results. The certificate includes the number of votes cast for each candidate, including, for a candidate in a general election, the number of votes at each ranking [ROUND OF THE RANKED-CHOICE TABULATION PROCESS] under AS 15.15.350, the number of votes for and against each proposition, yes or no on each question, and any additional information prescribed by the director. The election board shall, immediately upon completion of the certificate or as soon thereafter as the local mail service permits, send in one sealed package to the director one copy of the certificate and the register. In addition, all ballots properly cast shall be mailed to the director in a separate, sealed package. Both packages, in addition to an address on the outside, shall clearly indicate the precinct from which they come. Each board shall, immediately upon completion of the certification and as soon thereafter as the local mail service permits, send the duplicate certificate to the respective election supervisor. The director may authorize election boards in precincts in those areas of the state where distance and weather make mail communication unreliable to forward their election results by telephone or radio. The director may authorize the unofficial totaling of votes on a regional basis by election supervisors, tallying the votes as indicated on duplicate certificates. To ensure adequate protection, the director shall prescribe the manner in which the ballots, registers, and all other election records and materials are thereafter preserved, transferred, and destroyed.   * Sec. 24. AS 15.15.370 is amended by adding a new subsection to read: (b) Each day the director releases unofficial totals of election results for a general election, the director shall also release an updated ranked-choice tabulation." Renumber the following bill sections accordingly. Page 24, line 1: Delete "sec. 36" Insert "sec. 39" Page 24, line 2: Delete "sec. 36" Insert "sec. 39" Page 24, line 9: Delete "Section 47" Insert "Section 50" Page 24, line 10: Delete "sec. 48" Insert "sec. 51" CHAIR KAWASAKI objected for discussion purposes. SENATOR WIELECHOWSKI explained that many people thought that as votes were counted and the unofficial totals were released, the DOE director would release the updated ranked-choice tabulations. That didn't happen and it eroded trust and confidence in the elections process. Amendment 1 requires the director to release the unofficial election results in a general election as the results are tabulated. It also requires the rankings to be listed when the ballot count is completed. He deferred further explanation to Mr. Dunsmore. 4:01:22 PM DAVID DUNSMORE, Staff, Senator Bill Wielechowski, Alaska State Legislature, Juneau, Alaska, explained that Amendment 1 adds three new bill sections relating to reporting preliminary ranked-choice voting results, which will bring Alaska in line with national best practices for releasing ranked-choice voting results. He advised that the Harvard Law School and Fair Vote recommend releasing preliminary ranked-choice tabulations on election night as well as the cast vote record, which is the raw file of how each individual ballot was ranked. This allows voters to verify the accuracy of the count. They recommend the periodic release of these results. The amendment further requires the release of a ranked-choice tabulation result on any day that preliminary results are released. There is also intent language for the periodic release of the cast vote records prior to the final count. 4:02:58 PM CHAIR KAWASAKI asked if the state would be able to comply with these requirements. MR. DUNSMORE responded that after the last hearing DOE confirmed by email that the cast vote records can be produced for intermediate results. He added that other jurisdictions that have adopted these best practices use the same Dominion software as Alaska. 4:03:51 PM SENATOR BJORKMAN spoke in favor of Amendment 1. He opined that releasing preliminary data was important to the public. He continued that it was surprising in the last election to see that the ranked-choice voting tabulation results were delayed, but it was particularly surprising that the absentee ballots results were delayed when DOE was clearly able to produce absentee ballot results in a timely manner in previous elections. That data was in hand and could have been produced, but Alaskans had to wait two weeks for the results. That's not okay, which is why he supports the amendment. 4:05:29 PM CHAIR KAWASAKI withdrew his objection to Amendment 1. He found no further objection and Amendment 1 was adopted. 4:06:36 PM CHAIR KAWASAKI opened public testimony on SB 138; finding none, he closed public testimony. 4:07:24 PM SENATOR WIELECHOWSKI moved to report CSSB 138, work order 33- LS0783\B, as amended, from committee with individual recommendations and attached fiscal note(s). 4:07:48 PM SENATOR BJORKMAN objected to comment on the potential danger of coercion when somebody takes a picture of their ballot and posts it on social media. This is illegal and those who flout the law should be held accountable. A person's ballot is secret for a reason and should remain so. 4:09:23 PM SENATOR BJORKMAN removed his objection. CHAIR KAWASAKI found no further objection and CSSB 138(STA) was reported from the Senate State Affairs Standing Committee.