ALASKA STATE LEGISLATURE
SENATE JUDICIARY STANDING COMMITTEE
April 13, 2022
1:33 p.m.
MEMBERS PRESENT
Senator Roger Holland, Chair
Senator Robert Myers
Senator Jesse Kiehl
MEMBERS ABSENT
Senator Mike Shower, Vice Chair
Senator Shelley Hughes
COMMITTEE CALENDAR
SENATE BILL NO. 39
"An Act relating to elections; relating to voter registration;
relating to ballots and a system of tracking and accounting for
ballots; establishing an election offense hotline; designating as
a class A misdemeanor the collection of ballots from other
voters; designating as a class C felony the intentional opening
or tampering with a sealed ballot, certificate, or package of
ballots without authorization from the director of the division
of elections; and providing for an effective date."
- HEARD & HELD
SENATE BILL NO. 207
"An Act restricting the release of certain records of
convictions; and providing for an effective date."
- BILL HEARING CANCELED
PREVIOUS COMMITTEE ACTION
BILL: SB 39
SHORT TITLE: BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
SPONSOR(s): SENATOR(s) SHOWER
01/25/21 (S) PREFILE RELEASED 1/15/21
01/25/21 (S) READ THE FIRST TIME - REFERRALS
01/25/21 (S) STA, JUD
01/26/21 (S) STA AT 3:30 PM BUTROVICH 205
01/26/21 (S) -- MEETING CANCELED --
01/28/21 (S) STA AT 3:30 PM BUTROVICH 205
01/28/21 (S) Heard & Held
01/28/21 (S) MINUTE(STA)
02/02/21 (S) STA AT 3:30 PM BUTROVICH 205
02/02/21 (S) Heard & Held
02/02/21 (S) MINUTE(STA)
02/09/21 (S) STA AT 3:30 PM BUTROVICH 205
02/09/21 (S) Scheduled but Not Heard
02/11/21 (S) STA AT 3:30 PM BUTROVICH 205
02/11/21 (S) Heard & Held
02/11/21 (S) MINUTE(STA)
02/16/21 (S) STA AT 3:30 PM BUTROVICH 205
02/16/21 (S) Heard & Held
02/16/21 (S) MINUTE(STA)
02/18/21 (S) STA AT 3:30 PM BUTROVICH 205
02/18/21 (S) -- MEETING CANCELED --
02/25/21 (S) STA AT 3:30 PM BUTROVICH 205
02/25/21 (S) Heard & Held
02/25/21 (S) MINUTE(STA)
03/16/21 (S) STA AT 3:30 PM BUTROVICH 205
03/16/21 (S) Heard & Held
03/16/21 (S) MINUTE(STA)
03/18/21 (S) STA AT 3:30 PM BUTROVICH 205
03/18/21 (S) Scheduled but Not Heard
03/30/21 (S) STA AT 3:30 PM BUTROVICH 205
03/30/21 (S) Scheduled but Not Heard
04/01/21 (S) STA AT 3:30 PM BUTROVICH 205
04/01/21 (S) -- MEETING CANCELED --
04/08/21 (S) STA AT 3:30 PM BUTROVICH 205
04/08/21 (S) Scheduled but Not Heard
04/15/21 (S) STA AT 3:30 PM BUTROVICH 205
04/15/21 (S) Heard & Held
04/15/21 (S) MINUTE(STA)
04/20/21 (S) STA AT 3:30 PM BUTROVICH 205
04/20/21 (S) -- MEETING CANCELED --
04/21/21 (S) STA WAIVED PUBLIC HEARING NOTICE,RULE 23
04/22/21 (S) STA AT 3:30 PM BUTROVICH 205
04/22/21 (S) Heard & Held
04/22/21 (S) MINUTE(STA)
04/22/21 (S) STA AT 6:00 PM BUTROVICH 205
04/22/21 (S) Heard & Held
04/22/21 (S) MINUTE(STA)
05/04/21 (S) STA AT 3:30 PM BUTROVICH 205
05/04/21 (S) Moved CSSB 39(STA) Out of Committee
05/04/21 (S) MINUTE(STA)
05/07/21 (S) STA RPT CS 1DP 1DNP 2NR 1AM NEW TITLE
05/07/21 (S) DP: SHOWER
05/07/21 (S) DNP: KAWASAKI
05/07/21 (S) NR: COSTELLO, REINBOLD
05/07/21 (S) AM: HOLLAND
05/07/21 (S) JUD AT 1:30 PM BUTROVICH 205
05/07/21 (S) Heard & Held
05/07/21 (S) MINUTE(JUD)
05/08/21 (S) JUD AT 10:00 AM BUTROVICH 205
05/08/21 (S) Heard & Held
05/08/21 (S) MINUTE(JUD)
04/08/22 (S) JUD AT 1:30 PM BUTROVICH 205
04/08/22 (S) Heard & Held
04/08/22 (S) MINUTE(JUD)
04/11/22 (S) JUD AT 1:30 PM BUTROVICH 205
04/11/22 (S) Heard & Held
04/11/22 (S) MINUTE(JUD)
04/13/22 (S) JUD AT 1:30 PM BUTROVICH 205
WITNESS REGISTER
SCOTT OGAN, Staff
Senator Mike Shower
Alaska State Legislature
Juneau, Alaska
POSITION STATEMENT: Explained amendments on behalf of the sponsor
of SB 39.
ACTION NARRATIVE
1:33:19 PM
CHAIR ROGER HOLLAND called the Senate Judiciary Standing
Committee meeting to order at 1:33 p.m. Present at the call to
order were Senators Myers, Kiehl, and Chair Holland.
SB 39-BALLOT CUSTODY/TAMPERING; VOTER REG; MAIL
1:34:17 PM
CHAIR HOLLAND announced the consideration of SENATE BILL NO. 39
"An Act relating to elections; relating to voter registration;
relating to ballots and a system of tracking and accounting for
ballots; establishing an election offense hotline; designating as
a class A misdemeanor the collection of ballots from other
voters; designating as a class C felony the intentional opening
or tampering with a sealed ballot, certificate, or package of
ballots without authorization from the director of the division
of elections; and providing for an effective date."
CHAIR HOLLAND noted that this was the fifth hearing in this
committee and there were several amendments for the committee to
consider.
1:34:52 PM
SENATOR MYERS moved to adopt Amendment 1, work order 32-
LS1601\D.34.
32-LS0204\D.34
Klein
4/12/22
AMENDMENT 1
OFFERED IN THE SENATE BY SENATOR MYERS
TO: CSSB 39(JUD), Draft Version "D"
Page 4, lines 15 - 16:
Delete "a voter's choice to register as
nonpartisan, as undeclared, or as affiliated with a
political party or political group and"
Page 11, line 18, following "witnessed.":
Insert "An envelope may not identify a voter's
party affiliation."
CHAIR HOLLAND objected for discussion purposes.
1:35:00 PM
SENATOR MYERS explained that Amendment 1 would preserve ballot
secrecy. When a person registers to vote and also fills out their
absentee ballot, the ballot envelope can't indicate any political
affiliation.
CHAIR HOLLAND asked whether this pertained only to absentee
ballots. He surmised that the envelope would list the voter's
identifiers but no one could sort the ballots by party
affiliation.
SENATOR MYERS agreed. He said the envelope would list the
driver's license or other personal identifiers.
CHAIR HOLLAND related his understanding that once the division
validates the voter's identification, the ballot would be
removed, separated from the envelope, and counted.
SENATOR MYERS answered yes.
1:37:44 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 1 was adopted.
1:37:58 PM
SENATOR KIEHL moved to adopt Amendment 2, work order 32-
LS1601\D.17.
32-LS0204\D.17
Ambrose/Klein
4/11/22
AMENDMENT 2
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 39(JUD), Draft Version "D"
Page 8, line 30:
Delete "continuously"
1:38:06 PM
CHAIR HOLLAND objected for discussion purposes.
1:38:12 PM
SENATOR KIEHL explained Amendment 2 would ensure that the
election hotline doesn't have to be manned continuously. The bill
currently states that an election worker would need to be
available at all hours. However, he discussed this provision with
the sponsor, who envisioned that the hotline would only be
available when the polls were open. Thus, Amendment 2 would
strike "continuously."
1:39:32 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 2 was adopted.
1:39:45 PM
SENATOR KIEHL moved to adopt Amendment 3, work order 32-
LS1601\D.18
32-LS0204\D.18
Ambrose/Klein
4/11/22
AMENDMENT 3
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 39(JUD), Draft Version "D"
Page 9, lines 1 - 2:
Delete "printed on a sticker and"
1:39:53 PM
CHAIR HOLLAND objected for discussion purposes.
1:40:02 PM
SENATOR KIEHL explained Amendment 3 would remove the requirement
for posting the election hotline number on a sticker because the
division could easily print it on the ballot envelope or other
voter materials. It is less expensive than a sticker.
1:40:33 PM
CHAIR HOLLAND related his understanding it would just expand the
opportunities for posting the election hotline number.
SENATOR KIEHL agreed.
1:40:44 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 3 was adopted.
1:41:04 PM
SENATOR KIEHL moved to adopt Amendment 4, work order 32-
LS1601\D.13.
32-LS0204\D.13
Klein
4/11/22
AMENDMENT 4
OFFERED IN THE SENATE BY SENATOR KIEHL
TO: CSSB 39(JUD), Draft Version "D"
Page 6, line 14, through page 7, line 27:
Delete all material and insert:
"* Sec. 12. AS 15.10.170(a) is amended to read:
(a) The precinct party committee, where an
organized precinct committee exists, or the party
district committee where no organized precinct
committee exists, or the state party chairperson where
neither a precinct nor a party district committee
exists, may appoint one or more [PERSONS AS] watchers
in each precinct and counting center for any election.
A [EACH] candidate may appoint one or more watchers for
each precinct or counting center in the candidate's
respective district or the state for any election. An
[ANY] organization or organized group that sponsors or
opposes a ballot proposition [AN INITIATIVE,
REFERENDUM,] or recall may have one or more [PERSONS
AS] watchers at the polls and counting centers after
first obtaining authorization from the director. A
state party chairperson, a precinct party committee, a
party district committee, or a candidate may not have
more than one watcher on duty at a time in any precinct
or counting center. A watcher must be a United States
citizen. The watcher may be present at a position
inside the place of voting or counting that affords a
full view of all action of the election officials taken
from the time the polls are opened until the ballots
are finally counted and the results certified by the
election board or the data processing review board. The
election board or the data processing review board may
require each watcher to present written proof showing
appointment by the precinct party committee, the party
district committee, the organization or organized
group, or the candidate the watcher represents and that
is signed by the respective chairperson of the precinct
party committee, party district committee, state party
chairperson, organization or organized group, or
candidate."
Renumber the following bill sections accordingly.
Page 26, line 11, following "Sec. 56.":
Insert "AS 15.10.170(b);"
Page 26, line 15:
Delete "sec. 46"
Insert "sec. 44"
Page 26, line 16:
Delete "sec. 47"
Insert "sec. 45"
Delete "sec. 48"
Insert "sec. 46"
Page 26, line 17:
Delete "sec. 49"
Insert "sec. 47"
Page 26, line 18:
Delete "sec. 50"
Insert "sec. 48"
Page 26, lines 18 - 19:
Delete "secs. 46 - 50"
Insert "secs. 44 - 48"
Page 26, line 26:
Delete "Section 45"
Insert "Section 43"
Page 26, line 27:
Delete "Section 58"
Insert "Section 56"
Page 26, line 28:
Delete "secs. 59 and 60"
Insert "secs. 57 and 58"
1:41:09 PM
CHAIR HOLLAND objected for discussion purposes.
1:41:14 PM
SENATOR KIEHL explained that Amendment 4 would require the rules
for poll and count watchers to be the same in all elections.
There would not be different rules for primaries and general
elections or for parties and candidates
1:42:10 PM
CHAIR HOLLAND removed his objection; he found no further
objection, and Amendment 4 was adopted.
1:42:22 PM
CHAIR HOLLAND moved to adopt Amendment 5, work order 32-
LS1601\D.1, on behalf of Senator Shower.
32-LS0204\D.1
Klein
4/11/22
AMENDMENT 5
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 7, line 29, through page 8, line 1:
Delete all material and insert:
"(18) The director shall by regulation
require that an official ballot, including an
electronic ballot, contain a watermark, seal, or other
security identifier. The division may not count a
ballot that does not include the watermark, seal, or
other security identifier. In this paragraph, "security
identifier" includes an election official's signature."
1:42:33 PM
SENATOR MYERS objected for discussion purposes.
1:42:44 PM
SCOTT OGAN, Staff, Senator Mike Shower, Alaska State Legislature,
Juneau, Alaska, on behalf of the sponsor, explained that
Amendment 5 would revise the rules on ballot identifiers in
Section 14. Ballot identifiers are required for electronic
ballots. This deletes the option for the director to provide an
exception for ballots without identifiers. It also specifies that
the ballot identifier can be an election official signature.
Thus, it does not absolutely require that there must be a
watermark or other identifier on every ballot. There might be
cases where the watermark is absent, but the vote would be
counted.
1:43:46 PM
SENATOR KIEHL stated that he was familiar with watermarks and
seals on paper. He asked how the Division of Elections would
accomplish this with an electronic ballot and if it would have a
unique numeric identifier.
1:44:02 PM
MR. OGAN responded that the sponsor gave the department the
discretion to figure out the identifier to use.
1:44:37 PM
SENATOR KIEHL wondered if ballot serial numbers on an electronic
ballot could interfere with ballot secrecy. He asked whether
there was a way to retain ballot secrecy or if the voter must
sign and check a box that they understand an electronic ballot is
not necessarily 100 percent secret.
MR. OGAN deferred to the Division of Elections to confirm, but he
related his understanding that voters waive their right to
confidentiality.
SENATOR MYERS interjected that the division used QR codes in the
2020 election since they generally are not readable by the human
eye. He acknowledged voters do give up some rights to
confidentiality with electronic ballots, but he was fairly
comfortable with it.
1:46:14 PM
SENATOR MYERS removed his objection.
1:46:17 PM
CHAIR HOLLAND found no further objection, and Amendment 5 was
adopted.
1:46:28 PM
CHAIR HOLLAND moved to adopt Amendment 6, work order 32-
LS1601\D.39
32-LS0204\D.39
Klein
4/13/22
AMENDMENT 6
OFFERED IN THE SENATE BY SENATOR SHOWER
TO: CSSB 39(JUD), Draft Version "D"
Page 16, lines 13 - 22:
Delete all material.
Renumber the following bill sections accordingly.
Page 26, line 15:
Delete "sec. 46"
Insert "sec. 45"
Page 26, line 16:
Delete "sec. 47"
Insert "sec. 46"
Delete "sec. 48"
Insert "sec. 47"
Page 26, line 17:
Delete "sec. 49"
Insert "sec. 48"
Page 26, line 18:
Delete "sec. 50"
Insert "sec. 49"
Page 26, lines 18 - 19:
Delete "secs. 46 - 50"
Insert "secs. 45 - 49"
Page 26, line 26:
Delete "Section 45"
Insert "Section 44"
Page 26, line 27:
Delete "Section 58"
Insert "Section 57"
Page 26, line 28:
Delete "secs. 59 and 60"
Insert "secs. 58 and 59"
1:46:32 PM
SENATOR MYERS objected for discussion purposes.
1:46:37 PM
MR. OGAN explained that Amendment 6 would eliminate Section 37,
which would allow the division to count absentee ballots before
Election Day. The division can still process absentee ballots and
certify voters. One goal of SB 39, Version D, was to have ballots
counted earlier to obtain the results sooner. However, he
surmised it would not take much time to feed the absentee ballots
into the voting machine.
1:48:30 PM
CHAIR HOLLAND asked what the current law was regarding pre-
counting ballots.
SENATOR KIEHL related his understanding that the Division of
Elections can begin counting at 8 p.m. on Election Day but not
before. He said he appreciated the explanation, and while he
would like the election results sooner, he does not have any
objections to Amendment 6.
1:49:36 PM
SENATOR MYERS removed his objection.
1:49:42 PM
CHAIR HOLLAND found no further objection, and Amendment 6 was
adopted.
1:50:20 PM
CHAIR HOLLAND held SB 39 in committee.
1:50:39 PM
There being no further business to come before the committee,
Chair Holland adjourned the Senate Judiciary Standing Committee
meeting at 1:50 p.m.