Legislature(2015 - 2016)CAPITOL 106

01/26/2016 08:00 AM House STATE AFFAIRS

Note: the audio and video recordings are distinct records and are obtained from different sources. As such there may be key differences between the two. The audio recordings are captured by our records offices as the official record of the meeting and will have more accurate timestamps. Use the icons to switch between them.

Download Mp3. <- Right click and save file as

* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
Heard & Held
Heard & Held
Heard & Held
                   SB   9-ELECTION PAMPHLETS                                                                                
9:04:59 AM                                                                                                                    
CHAIR LYNN announced  that the next order of  business was SENATE                                                               
BILL NO.  9, "An Act  repealing the authority to  include certain                                                               
material from a political party in the election pamphlet."                                                                      
9:05:23 AM                                                                                                                    
SENATOR  PETE  MICCICHE,  Alaska   State  Legislature,  as  prime                                                               
sponsor, introduced  SB 9.   He described  an experience  when he                                                               
walked into his voting precinct  and noticed an election pamphlet                                                               
open to an advertisement ("ad").   He said even though the ad was                                                               
promoting a person he supported,  he was "offended by the content                                                               
of  the ad."   He  stated, "When  you walk  into ...  the polling                                                               
place with a  state-sponsored brochure, you should  not be guilty                                                               
of electioneering; you simply couldn't  have it open to that page                                                               
and be in a polling place."                                                                                                     
SENATOR  MICCICHE explained  that  the  reason for  SB  9 was  to                                                               
remove  [political   party  advertising]  from   publicly  funded                                                               
election pamphlets.  He stated his  belief that the intent of the                                                               
pamphlet  is to  serve as  a source  of free,  unbiased, in-depth                                                               
information  about  current officials,  candidates,  initiatives,                                                               
judges, and legislation.   The revenue generated to  the State of                                                               
Alaska from  advertisements equals less  than one percent  of the                                                               
cost  of producing  and mailing  the document;  therefore, [doing                                                               
away with the advertisements] would  not be a financial issue for                                                               
the  State of  Alaska.    He said  during  every election  cycle,                                                               
people are  bombarded with political mailings,  flyers, and radio                                                               
and television ads, and he thinks  the act of voting is "almost a                                                               
sacred  right  in  our  country,"  and  it  should  be  "pure  of                                                               
political advertising in the polling place."                                                                                    
SENATOR  MICCICHE  said  the  other   issue  addressed  under  an                                                               
available committee substitute  for SB 9 is to  improve access to                                                               
and integrity of the State  of Alaska voter registration database                                                               
in  order  to prevent  voter  fraud.    He indicated  that  those                                                               
legislators  who  work their  districts  see  how inaccurate  the                                                               
state's voting rolls are.  An  amendment to the bill would enable                                                               
the Division  of Elections to  identify voters who have  moved to                                                               
another address, moved  to other states, died,  or have duplicate                                                               
registrations  within Alaska's  database.   Additionally, persons                                                               
in Alaska who are not yet  registered to vote could be identified                                                               
and  provided the  information on  how to  register.   He related                                                               
that current and past administrations  have commented on the need                                                               
for  a more  accurate voter  registration  list.   Each year  the                                                               
division  processes tens  of thousands  of questioned  ballots on                                                               
Election Day, which he said is a  sure sign of the decline in the                                                               
accuracy  of the  state's  voter  database.   He  stated that  an                                                               
accurate voter  list is  the bedrock  of a  smooth election.   He                                                               
deferred  to his  staff for  further comment,  and he  noted that                                                               
included  in  the committee  packet  was  a  letter from  a  past                                                               
lieutenant governor  - the  manager of  elections for  the state.                                                               
He  further  indicated  that   the  current  lieutenant  governor                                                               
supports [SB 9].                                                                                                                
9:08:54 AM                                                                                                                    
CHAIR LYNN asked  for a description of the changes  that would be                                                               
made under the aforementioned committee substitute.                                                                             
9:09:21 AM                                                                                                                    
CHUCK  KOPP,   Staff,  Senator   Peter  Micciche,   Alaska  State                                                               
Legislature,  discussed  the  committee  substitute to  SB  9  on                                                               
behalf of Senator  Micciche, prime sponsor.  He  echoed the prime                                                               
sponsor's statement that the  proposed legislation would "improve                                                               
access and  database veracity to  prevent voter fraud."   He said                                                               
this issue  was brought  to the  attention of  Senator Micciche's                                                               
office  during the  last interim,  and one  solution would  be to                                                               
allow member states  to partner with Alaska  under a confidential                                                               
services agreement  to share information and  verify each other's                                                               
voter registration base, which he  indicated would save thousands                                                               
of dollars.                                                                                                                     
MR. KOPP,  in response  to Chair Lynn,  clarified that  "that was                                                               
the foundation for the CS that's  before you today."  He said the                                                               
CS  would  amend  AS  15.57.055(e),   which  [would]  permit  the                                                               
Division  of Elections  to match  identified information  for any                                                               
voter with  information held  by the  Division of  Motor Vehicles                                                               
and the  Department of  Revenue's Permanent  Fund Division.   Mr.                                                               
Kopp  said the  second  thing that  the  CS would  do  is add  an                                                               
exception to the list of  exceptions currently under statute that                                                               
relate  to  the  release  of   confidential  information.    That                                                               
exception would  allow the division  to share  [information] with                                                               
an organized  group of  states for the  purpose of  ensuring that                                                               
the voter  registration list comprises  persons eligible  to vote                                                               
in  elections.   The  sharing  of  information would  take  place                                                               
through  a non-profit  entity  known  as Electronic  Registration                                                               
Information Center  (ERIC), which would  act as a  facilitator of                                                               
the information  exchange.  He  said there  are now just  over 20                                                               
states partnering  with Alaska in  this endeavor.  He  noted that                                                               
David Becker  was available  to speak to  the founding  effort to                                                               
have  states  partner  in  this   type  of  information  sharing,                                                               
initially funded by  Pew Charitable Trust.  He  echoed that there                                                               
was a  letter of support  from [former] Lieutenant  Governor Mead                                                               
Treadwell.   Last, he noted  that the chief executive  officer of                                                               
ERIC was available via teleconference.                                                                                          
9:12:36 AM                                                                                                                    
CHAIR  LYNN  said  he  would  entertain a  motion  to  adopt  the                                                               
aforementioned   committee   substitute,   labeled   29-LS0244\W,                                                               
Bullard, 12/9/15, as a work draft.                                                                                              
REPRESENTATIVE  KELLER  noted  that  as  the  only  committee  of                                                               
referral,  the  onus was  on  the  House State  Affairs  Standing                                                               
Committee to get the proposed  legislation "right."  He asked Mr.                                                               
Kopp  if Mr.  Treadwell had  expressed support  for the  original                                                               
bill version or Version W.                                                                                                      
MR. KOPP said the sponsor's  office gave Mr. Treadwell Version W,                                                               
and all  supporting documents, and  "he drafted his  letter based                                                               
on what he saw we were doing."                                                                                                  
9:13:32 AM                                                                                                                    
REPRESENTATIVE  KELLER  moved  to adopt  the  proposed  committee                                                               
substitute (CS) for SB 9,  Version 29-LS0244\W, Bullard, 12/9/15,                                                               
as a work draft.                                                                                                                
9:13:43 AM                                                                                                                    
REPRESENTATIVE GRUENBERG objected for  the purpose of discussion.                                                               
He directed  attention to the word  "state", on page 2,  lines 19                                                           
and 22, of  Version W, and he  asked if it is defined  or "do you                                                               
look to  the general definition in  Title 1?"  He  explained that                                                               
in  some instances,  the  word "state"  includes  places such  as                                                               
Puerto  Rico, Guam,  and the  District of  Columbia, and  he said                                                               
those places  should be included under  the proposed legislation,                                                               
but may  not be  included under  the term  "state" normally.   He                                                               
indicated that he  wanted the intent to be clear  in terms of who                                                               
would be included.                                                                                                              
MR.  KOPP  indicated   that  "state"  referred  to   "a  unit  of                                                               
government within  the United States."   He said he did  not know                                                               
if  that  would  include  those territories,  but  suggested  the                                                               
question  could   be  answered  by  a   representative  from  the                                                               
Department of Law.                                                                                                              
9:14:55 AM                                                                                                                    
REPRESENTATIVE GRUENBERG  removed his objection to  the motion to                                                               
adopt the  proposed committee substitute  (CS) for SB  9, Version                                                               
29-LS0244\W, Bullard, 12/9/15,  as a work draft.   There being no                                                               
further objection, Version W was before the committee.                                                                          
9:15:07 AM                                                                                                                    
CHAIR  LYNN indicated  he had  seen the  same election  pamphlet,                                                               
which  Senator Micciche  had described,  and he  was offended  by                                                               
what  he saw  in it.   He  indicated he  had sponsored  a similar                                                               
bill.    He said  the  pamphlet  is  a  place for  candidates  to                                                               
describe their  position on various  subjects, but not  to attack                                                               
another candidate.   He said  in the aforementioned  pamphlet, it                                                               
was his  own party  that made  a vicious attack,  and he  did not                                                               
think it was  appropriate to do so, because a  person reading the                                                               
pamphlet does  not "vote  for or  against a party."   He  said he                                                               
could  foresee  [attacks] escalating  if  nothing  is done  about                                                               
9:16:44 AM                                                                                                                    
REPRESENTATIVE KREISS-TOMKINS  offered his support for  the bill,                                                               
which he opined  could elevate the level of civic  discourse.  He                                                               
said  he   thinks  [Version  W]   represents  common   sense  and                                                               
positivity, and he characterized it  as being tailored in nature,                                                               
specifically  on page  2, lines  19-20, where  it read,  "for the                                                           
purpose   of  ensuring   the  accuracy   of  the   state's  voter                                                           
registration list".   Regarding the ERIC project, he  asked if it                                                           
is anticipated  that there  could be  cooperation between  all 50                                                               
states' voter rolls.   He said he has been  told that some states                                                               
manage the voter  rolls on a county-by-county  basis and, because                                                               
of  the way  they store  their data,  may never  be able  to join                                                               
ERIC.   He explained that  he would  like to know  how integrated                                                               
all 50 states could become with the project.                                                                                    
9:18:19 AM                                                                                                                    
SENATOR  MICCICHE  said  he  would encourage  all  50  states  to                                                               
convert  their manner  of record-keeping  so  that it  fits in  a                                                               
nationwide database.   He said  there are so many  other benefits                                                               
that  would  be  attached  to  that,  from  fishing  and  hunting                                                               
licenses to  voter rights.  He  deferred to Mr. Kopp  for further                                                               
9:18:47 AM                                                                                                                    
MR. KOPP  explained that the  20 states that have  partnered with                                                               
ERIC have  found that all the  information they send to  the non-                                                               
profit group is anonymized; it  is encrypted and cross-checked by                                                               
20 states to determine if  there are any duplicate registrations.                                                               
He  said, "It  is through  this process  that the  information is                                                               
shared  perfectly."    He  said  representatives  from  ERIC  are                                                               
available to  explain the  security protocol  and how  the states                                                               
maintain  complete ownership  and control  of their  information.                                                               
He said  although each state's  data may look a  little different                                                               
as far as  what they are pushing into the  system, ERIC looks for                                                               
as many  common variables as  possible on the  voter registration                                                               
9:19:58 AM                                                                                                                    
REPRESENTATIVE   KELLER  said   he  shudders   whenever  national                                                               
databases are  discussed.  He  directed attention to  language in                                                               
Version W,  on page 2, [lines  21-22], which read, "if  the other                                                           
state  or  organized  group  of  states  agrees  to  protect  the                                                           
confidentiality  of the  information."   He said  the meaning  of                                                           
that  could  be "quite  nuanced  and  conflicted."   He  said  he                                                               
understands from  language on  [page 2], line  8, that  the state                                                               
"may"  release the  confidential information.   He  asked if  the                                                               
bill sponsor  had considered including  language in  the proposed                                                               
legislation  that would  give Alaska  the jurisdiction  to set  a                                                               
standard  for  the  confidentiality requirements  that  would  be                                                               
required before the state would release the information.                                                                        
MR.  KOPP deferred  to  the representatives  from  ERIC to  speak                                                               
further to the  question, but offered his  understanding that the                                                               
states would sign a common  agreement, thus the expectation would                                                               
be the same for all member states.                                                                                              
9:21:51 AM                                                                                                                    
REPRESENTATIVE KELLER  expressed concern that "we're  giving away                                                               
any of our responsibility ongoing here  to be watching this."  He                                                               
said it  is fine if everyone  involved with ERIC agrees,  but the                                                               
permissive  language  in  statute   would  put  this  outside  of                                                               
legislative reach.                                                                                                              
SENATOR  MICCICHE suggested  that  the committee  hear from  [Mr.                                                               
9:22:39 AM                                                                                                                    
REPRESENTATIVE GRUENBERG noted  he does not find  a definition of                                                               
"state" in Title  15; therefore, he said he  thinks the committee                                                               
would look to  the definition of "state" in Title  1, which is in                                                               
AS 01.10.060(a)(13), which read as follows:                                                                                     
          (13) "state" means the State of Alaska unless                                                                         
     applied  to the  different parts  of the  United States                                                                    
     and  in the  latter case  it includes  the District  of                                                                    
     Columbia and the territories;                                                                                              
REPRESENTATIVE GRUENBERG questioned whether  Puerto Rico would be                                                               
considered a  territory or a  commonwealth, because  he indicated                                                               
it should be  included.  In response to Chair  Lynn, he said Guam                                                               
and the Virgin Islands are territories.                                                                                         
9:24:02 AM                                                                                                                    
REPRESENTATIVE  GRUENBERG  next  noted that  under  the  original                                                               
bill, [AS 15.58.020(a)(8), 15.58.040,  and 15.58.060(b)] would be                                                               
repealed.   He noted that  a [two-page handout] in  the committee                                                               
packet  shows  the  language  in those  statutes  that  would  be                                                               
repealed.   He said he  gathers from previous comments  that "one                                                               
of the parties in the last  election pamphlet did an attack ad on                                                               
somebody  or something."    Referring to  the  handout again,  he                                                               
noted  that  the   language  that  would  be   repealed  from  AS                                                               
15.58.020, pertaining to the contents  of a pamphlet, would be "a                                                               
maximum  of two  pages of  material submitted  by each  political                                                               
party;".  Furthermore, the language  that would be repealed [from                                                               
AS 15.58.040],  he noted,  included that  "a political  party may                                                               
file [with  the lieutenant  governor] a maximum  of two  pages of                                                               
material", as well as language  regarding a requirement to have a                                                               
disclaimer  about  who   paid  for  the  ad.     He  offered  his                                                               
understanding  that these  statutes  have been  in existence  for                                                               
quite a while,  and he questioned whether it  would be beneficial                                                               
and  constitutional to  allow  parties to  have  material in  the                                                               
election pamphlet,  but to disallow attack  ads.  He said  he did                                                               
not know  if the political parties  "would like to be  able to do                                                               
this,"  and  he said  it  sounds  like "everybody's  been  acting                                                               
honorably until this one thing came about."                                                                                     
9:26:00 AM                                                                                                                    
SENATOR MICCICHE  responded, "I  suppose we could  complicate the                                                               
issue."   He said he does  not understand why "a  political party                                                               
has a place  with candidates and specific issues  in our election                                                               
pamphlet."      He   said    he   respectfully   disagrees   with                                                               
Representative Gruenberg.                                                                                                       
REPRESENTATIVE GRUENBERG  said he was just  raising the question,                                                               
but said  it sounds like the  bill sponsor feels that  parties do                                                               
not have a place in the pamphlet.                                                                                               
9:26:37 AM                                                                                                                    
CHAIR  LYNN  voiced  that  everything  in  an  election  pamphlet                                                               
relates to voting for people  or initiatives.  He reiterated that                                                               
people  do  not  vote  for   a  political  party;  therefore,  he                                                               
questioned why  [political parties] would  be in the  pamphlet in                                                               
the first place.                                                                                                                
SENATOR  MICCICHE  explained  that  [the  aforementioned  handout                                                               
showing the  repealed statutory language] shows  "the elimination                                                               
of all the  aspects of the statutes that refer  to parties in the                                                               
brochure."     He  said  he   is  not  a   particularly  partisan                                                               
individual,   and   he   speculated   that   perhaps   when   the                                                               
aforementioned ad came out in  the pamphlet, opposing parties may                                                               
have wished they  had thought of placing such an  ad.  He stated,                                                               
"It's just a matter  of time before it turns into  a party war in                                                               
the  brochure,   and  I'm  just   trying  to  be   preemptive  in                                                               
eliminating that potential."                                                                                                    
CHAIR LYNN said it  is difficult to "draw the line."   He said he                                                               
has  always placed  a  statement in  the  election pamphlet  when                                                               
running for office,  but knows he cannot place an  attack ad; the                                                               
ad must be about him and not  about his opponent.  He said, "This                                                               
was over  the line, I  think.  ...  The easiest  way to do  it is                                                               
just to take  it out until you finally  define what's appropriate                                                               
and what's not appropriate."                                                                                                    
9:29:02 AM                                                                                                                    
DAVID BECKER, Pew Charitable Trust,  stated that he leads the Pew                                                               
Charitable  Trust  election team  in  the  field to  improve  the                                                               
efficiency,   cost-effectiveness,    accuracy,   integrity,   and                                                               
convenience  of elections  in  the U.S.   He  noted  that he  had                                                               
submitted written  testimony [included in the  committee packet].                                                               
He  stated  support  of  the effort  to  improve  Alaska's  voter                                                               
registration  rolls  by allowing  Alaska  to  join a  cross-state                                                               
consortium like  ERIC.   He said  the team  has been  working for                                                               
about  a  decade and  speaks  to  election officials  across  the                                                               
political spectrum and country about  the problems and challenges                                                               
in the field  of elections.  He said problem  with voter rolls is                                                               
a repeated  issue that all  states are addressing.   He explained                                                               
that  voter  rolls  are  difficult to  keep  up  with,  primarily                                                               
because of mobility:   people in America move a  lot and election                                                               
officials  cannot  keep  up  with  that  information.    The  Pew                                                               
Charitable  Trust built  ERIC, which  is  a 501(c)(3)  membership                                                               
MR. BECKER  specified that Pew  Charitable Trust does not  own or                                                               
control  the organization;  it hands  it off  immediately to  the                                                               
states that choose  to join ERIC.  Those  states that participate                                                               
in ERIC  govern it,  pay for  it, and maintain  it in  every way.                                                               
Employees exist to support the board  of directors made up of the                                                               
states that  have joined ERIC.   He said ERIC is  a sophisticated                                                               
data center  run off software provided  by International Business                                                               
Machines Corporation  (IBM), which allows  the 15 states  and the                                                               
District of Columbia that currently  participate to obtain better                                                               
information on whether  voter information is out  of date because                                                               
someone has  moved or died.   He noted  that red states  and blue                                                               
states all  over the country participate,  including states close                                                               
to Alaska, such as Washington and Oregon.                                                                                       
MR. BECKER said when a  state participates, ERIC sends reports to                                                               
the state  to let  it know  if there is  information in  its file                                                               
that  indicates  that a  voter  has  newer information  somewhere                                                               
else.   In  other  words,  a voter  may  have  obtained a  driver                                                               
license  in  another state  or  died  or  submitted a  change  of                                                               
address with the  United State Postal Service (USPS).   The state                                                               
can then begin the process  consistent with federal and state law                                                               
to update its record.  Mr.  Becker relayed that to date, ERIC has                                                               
helped participating  states identify about three  million voters                                                               
"who moved  from the  address in their  official voter  file," as                                                               
well as helped states identify  140,000 voters who had died since                                                               
last voting.                                                                                                                    
MR. BECKER said it is important  to note that although there is a                                                               
small fee to  participate in ERIC, the program  saves states more                                                               
than the  amount of the fee,  because they no longer  have to pay                                                               
for inefficient  list maintenance,  and there  is a  reduction in                                                               
returned  mail  and  questioned ballots,  because  ERIC  provides                                                               
better  addresses.   He said  it is  the goal  of Pew  Charitable                                                               
Trust that all states eventually  join ERIC; the organization has                                                               
brought on about  a third of the  states in its three  and a half                                                               
years.   Under the Help  America Vote  Act, all states  have been                                                               
required  since  2005  to have  a  statewide  voter  registration                                                               
database.  He  said there is no  state that could not  join if it                                                               
chose  to do  so today,  and he  expects more  states to  join in                                                               
advance  of the  2016  Election,  and after  that  the team  will                                                               
continue  to  work to  "document  ERIC's  benefits and  encourage                                                               
states to join."                                                                                                                
9:33:06 AM                                                                                                                    
REPRESENTATIVE TALERICO  stated his support for  the effort being                                                               
made and for [Version W].                                                                                                       
9:33:39 AM                                                                                                                    
REPRESENTATIVE KELLER asked if the  decision as to whether Alaska                                                               
would  join ERIC  would  be  an administrative  one  made by  the                                                               
Division of Elections.                                                                                                          
MR. BECKER replied  that he is not an expert  on Alaska's law, so                                                               
he does not  know whether legislation would be  required in order                                                               
for Alaska  to join  ERIC.   He relayed that  of the  many states                                                               
with  which the  team is  working to  encourage membership,  some                                                               
would require legislation while others would not.                                                                               
9:34:51 AM                                                                                                                    
SENATOR MICCICHE  offered his  understanding that  legislation is                                                               
necessary in  order to  share voter data  with other  states [via                                                               
9:35:36 AM                                                                                                                    
JOHN  LINDBACK,   Executive  Director,   Electronic  Registration                                                               
Information Center (ERIC),  offered a status report on  ERIC.  He                                                               
listed  the   following  states   that  are   currently  members:                                                               
Washington, Oregon, Utah,  Colorado, Nevada, Minnesota, Illinois,                                                               
Louisiana,  Alabama,  Pennsylvania,  Rhode  Island,  Connecticut,                                                               
Virginia, Delaware, Maryland, and  Washington, D.C.  He explained                                                               
that  when states  submit their  data  and ERIC  reports back  to                                                               
those  states,  it  enables  the  member states  to  act  on  the                                                               
information in accordance  with federal and state  laws.  Members                                                               
of  ERIC reach  out to  voters that  have moved  out of  state to                                                               
request  that they  update their  voter registrations  or provide                                                               
permissions  to  cancel  their   registrations  in  their  former                                                               
states.   He said acting on  that data also protects  states from                                                               
"opportunities  for voter  fraud."   Additionally, members  reach                                                               
out to the unregistered with information on how to register.                                                                    
MR.  LINDBACK  stated  that  based on  the  experience  of  other                                                               
states, an  ERIC projection anticipates about  38,000 voters that                                                               
have  moved  within  Alaska  and  have  failed  to  update  their                                                               
registrations; about 8,200 voters that  have moved out of Alaska,                                                               
but still  have their  voter registrations  on the  Alaska rolls;                                                               
about   1,500  deceased   voters  still   on  the   Alaska  voter                                                               
registration   list;  about   900   individuals  with   duplicate                                                               
registrations on  the Alaska voter  registration list;  and about                                                               
195,000 Alaskans who are not yet registered to vote.                                                                            
MR.  LINDBACK stated  that the  benefits  to Alaska  in having  a                                                               
membership  to ERIC  are  potentially huge  and  could result  in                                                               
considerable  cost savings.   One  example:   In  the 2014  state                                                               
election, Alaska  issued almost 28,000 questioned  ballots, which                                                               
extends the count well after Election  Day.  The vast majority of                                                               
those ballots cannot be counted in  full.  He said the processing                                                               
for questioned ballots  takes days, and close races  "are held in                                                               
suspense  for unreasonable  lengths of  time."   He  said a  more                                                               
accurate  voter  list means  that  substantial  numbers of  those                                                               
voters would  cast a ballot  on Election Day, because  they would                                                               
be  updating their  registration sooner  rather than  later.   He                                                               
said the processing time following  the election for dealing with                                                               
questioned   ballots  would   be  substantially   reduced.     He                                                               
concluded, "I just  wanted to provide that as ...  one example of                                                               
the benefit of joining ERIC."                                                                                                   
9:39:39 AM                                                                                                                    
REPRESENTATIVE KELLER said he would  assume that ERIC would carry                                                               
the liability for any security breach of its system.                                                                            
MR.  LINDBACK   answered  yes;  the  ERIC   membership  agreement                                                               
includes provisions such that if  ERIC is at fault or responsible                                                               
for a  breach in its  system, it  will indemnify the  members for                                                               
any costs associated with that breach.                                                                                          
9:40:30 AM                                                                                                                    
JOANNE BLACKBURN  stated her belief  in the  constitutional right                                                               
of economic association, and she  appreciates to power that is in                                                               
Alaska's  economy  as a  relatively  new  state.   She  said,  "I                                                               
dislike   participating  in   organizations   that  are   against                                                               
everything  I believe  in, and  it's antithetical  to all  that I                                                               
believe in  to place my  personal information in  an organization                                                               
such as ERIC."  She explained  that she distrusts "mega data" and                                                               
does  not appreciate  "individuals  from different  parts of  the                                                               
state  that  intend to  coopt  my  thinking  so  as to  cause  my                                                               
information to  be available to  the 1 percenters -  to strangers                                                               
to me."  She said she does  not think that is good public policy,                                                               
and she stated  that she would appreciate  the committee's taking                                                               
into consideration "that there are opposite views."                                                                             
MS.  BLACKBURN said  she recognizes  that  Alaska's Division  [of                                                               
Elections] does a good job and  takes pride in the work done; the                                                               
division watches  for obituaries "and  that sort of thing."   She                                                               
opined that  "this is not  a huge  problem in Alaska,"  with half                                                               
the state's population  living in Anchorage.   She reiterated the                                                               
positive  view  of  the  method by  which  [election  rolls]  are                                                               
currently kept in  Alaska.  She opined that  "this" is extremist,                                                               
and she  does not  appreciate fees  being given  to organizations                                                               
that stand  for things in  which she, herself, does  not believe.                                                               
She reemphasized  her opposition  to contributing to  "mega data"                                                               
against her expressed  will.  She offered  her understanding that                                                               
there  are many  who share  a similar  viewpoint to  her own  and                                                               
surmised that  they may  be at  work currently  [and not  able to                                                               
testify].  She stated that  she would appreciate if the committee                                                               
"would put this on the back burner."                                                                                            
9:43:40 AM                                                                                                                    
REPRESENTATIVE  KELLER moved  to adopt  Amendment 1,  labeled 29-                                                               
LS0244\W.1, Bullard, 1/26/16, which read:                                                                                       
     Page 2, following line 23:                                                                                                 
     Insert a new bill section to read:                                                                                         
        "* Sec. 3. AS 28.15.151(f) is amended to read:                                                                      
          (f)  Except as provided otherwise in this section                                                                     
       and in AS 15.07.195, information and records under                                                                   
     this section are declared confidential and private."                                                                       
     Renumber the following bill section accordingly.                                                                           
REPRESENTATIVE GRUENBERG objected for the purpose of discussion.                                                                
9:44:03 AM                                                                                                                    
REPRESENTATIVE  KELLER noted  that he  moved Amendment  1 at  the                                                               
request of the  sponsor; therefore, he deferred  to the sponsor's                                                               
staff to elaborate upon the proposed amendment.                                                                                 
9:44:08 AM                                                                                                                    
MR.  KOPP suggested  that the  Department of  Law was  present to                                                               
address Amendment 1.                                                                                                            
9:44:46 AM                                                                                                                    
LIBBY  BAKALAR,  Assistant  Attorney  General,  Labor  and  State                                                               
Affairs  Section,  Civil  Division (Juneau),  Department  of  Law                                                               
(DOL), stated that the proposed  Amendment 1 is a cross reference                                                               
to  the [Division]  of  Motor Vehicle's  (DMV's)  data, which  is                                                               
required to  be shared, via elections.   She said the  reason Mr.                                                               
Decker  and  Mr. Lindback  mentioned  that  other states  require                                                               
legislation for  this project is  because ERIC is organized  as a                                                               
501(c)(3),  and   there  is  not  currently   existing  statutory                                                               
authority  for [Alaska]  to participate  in a  501(c)(3) "without                                                               
this cross  reference."  She stated  that one of the  things ERIC                                                               
requires  is  DMV  data  via   the  Division  of  Elections,  and                                                               
Amendment 1  would tweak Title  28 to make explicitly  clear that                                                               
[the State  of Alaska] has the  authority to share the  data that                                                               
the  Division  of  Elections gets  from  DMV  with  participating                                                               
states under the ERIC project.                                                                                                  
REPRESENTATIVE KELLER directed attention  to the phrase "declared                                                               
confidential and  private" in  the proposed  Amendment 1,  and he                                                               
asked who would make that declaration.                                                                                          
MS.   BAKALAR   answered   DMV,    within   the   Department   of                                                               
9:47:00 AM                                                                                                                    
REPRESENTATIVE KELLER said his concern  within the bill itself is                                                               
that the qualifier is whether the  other state agrees to keep the                                                               
information confidential.   He asked,  "Is that the  intent here?                                                               
Because I see  this as leading the legislature  completely out of                                                               
it, as far as setting the  standard for the confidentiality.  You                                                               
know,  in  other  words  it  just presumes  that  it's  going  to                                                               
happen."  He indicated that this makes him nervous.                                                                             
MS. BAKALAR  deferred to Mr. Lindback  or Mr. Becker to  speak to                                                               
the security of the data.  She  said she knows a number of states                                                               
have  joined the  project, and  DOL  concluded, in  2011, that  a                                                               
statutory amendment would be necessary  because of "the structure                                                               
of the organization under which the states are resting."                                                                        
9:48:21 AM                                                                                                                    
REPRESENTATIVE KELLER  said he is  not calling into  question the                                                               
assurance  about the  security  of  ERIC, as  given  by the  bill                                                               
sponsor, and Misters Lindback and  Becker.  He questioned, "Do we                                                               
really want  ... to leave  it there?"   He questioned  what would                                                               
happen in 10 years.                                                                                                             
MR.  KOPP said  it is  helpful to  remember that  all the  member                                                               
states serve  as the  board of  directors; therefore,  the states                                                               
have complete control over any confidentiality concerns.                                                                        
REPRESENTATIVE  KELLER  responded  that  that  is  precisely  his                                                               
concern,  "because the  membership  into ERIC  would  not be  the                                                               
policy  making body;  it would  be  the executive  branch of  the                                                               
State of Alaska, with this action."                                                                                             
9:49:46 AM                                                                                                                    
CHAIR  LYNN announced  his intention  to hold  SB 9  in order  to                                                               
address  unanswered  questions.   He  offered  that the  proposed                                                               
Amendment 1 could come to a vote at this or the next meeting.                                                                   
REPRESENTATIVE KELLER stated his preference to address it now.                                                                  
9:50:14 AM                                                                                                                    
CHAIR LYNN asked who had objected to the proposed Amendment 1.                                                                  
REPRESENTATIVE KELLER  offered his understanding that  no one had                                                               
CHAIR LYNN announced that with  no further objection, Amendment 1                                                               
was  adopted.     [Representative   Gruenberg  had   objected  to                                                               
Amendment 1,  for the  purpose of discussion  and was  treated as                                                               
9:50:54 AM                                                                                                                    
REPRESENTATIVE  GRUENBERG   asked  if   the  ERIC   framework  is                                                               
considered a compact.                                                                                                           
MS. BAKALAR  answered, "I  think it's just  an agreement  as many                                                               
agencies  enter  into;  I  don't know  that  it's  technically  a                                                               
compact."  She deferred to Mr. Kopp.                                                                                            
9:51:33 AM                                                                                                                    
MR. KOPP  said he thinks Ms.  Bakalar is correct.   He said there                                                               
is  a  strict statutory  definition  for  what is  an  interstate                                                               
compact.   In response to Representative  Gruenberg, he clarified                                                               
that  he  does   not  think  that  [ERIC]  is  a   compact.    To                                                               
Representative Keller's concern, he  stated that "the same folks"                                                               
that  are currently  ensuring the  confidentiality of  data would                                                               
continue to be  in charge of that confidentiality  in the future:                                                               
the Division of Elections and  elections directors of the states.                                                               
He concluded,  "So, we're not changing  anything administratively                                                               
that's already in the law."                                                                                                     
9:52:22 AM                                                                                                                    
SENATOR MICCICHE added, "In fact,  none of the departments in the                                                               
state  that share  information  outside of  the  borders of  this                                                               
state  are   controlled  by  elected  officials;   they  are  all                                                               
administrative,  whether it's  law enforcement  or the  courts or                                                               
others."   He said he would  love to have that  level of control,                                                               
but "we don't  have it anywhere in our process."   He stated that                                                               
people  might have  an idea  of the  integrity of  Alaska's voter                                                               
rolls,  but he  emphasized that  the inaccuracies  exist and  are                                                               
difficult  for the  department,  and "this  will  assist in  that                                                               
effort."   He indicated there are  people who have died  over ten                                                               
years ago  that are  still listed  on the voter  rolls.   He said                                                               
this is  a tough job for  the Division of Elections,  whose staff                                                               
does  the best  job possible.   He  reiterated that  the proposed                                                               
legislation would help.                                                                                                         
CHAIR LYNN announced that SB 9 was held over.                                                                                   

Document Name Date/Time Subjects
1 Blank CS to HB 243 G version.pdf HSTA 1/26/2016 8:00:00 AM
HB 243
2 HB0243 version E.pdf HSTA 1/26/2016 8:00:00 AM
HB 243
3 HB 243 Explanation of Changes version E to I.pdf HSTA 1/26/2016 8:00:00 AM
HB 243
4 HB 243 Sponsor Statement.docx.pdf HSTA 1/26/2016 8:00:00 AM
HB 243
5 HB 243 Fiscal Note.php.pdf HSTA 1/26/2016 8:00:00 AM
HB 243
6 HB 243 Legislative Research LRS 16-132.pdf HSTA 1/26/2016 8:00:00 AM
HB 243
01 Blank CSSB 9 v.W.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
02 SB0009A.PDF HSTA 1/26/2016 8:00:00 AM
SB 9
03 SB 9 SPONSOR STATEMENT.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
04 SB 9 Repealed Language.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
05 SB 9 Elections Income from Political Ads.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
06 SB 9 LRS Interagency Info Share Agrmnts - Div. of Elections.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
07 SB 9 Legal Memo.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
08 SB 9 ERIC FQA1.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
09 SB 9 ERIC FQA2.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
10 SB 9 Electronic Registration Information Center.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
11 SB 9 ERIC_Tech_and_Security_Brief_v2.1.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
12 SB9 Letter of Support - Treadwell.pdf HSTA 1/26/2016 8:00:00 AM
SB 9
01a Blank CS HB 217 ver N.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
01b HB 217 v.H original version.PDF HSTA 1/26/2016 8:00:00 AM
HB 217
02 HB 217 Sponsor Statement.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
03 HB 217 Sectional Analysis.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
04 HB 217 Supporting Documents-Email Amy Erickson 10-29-2015.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
05 HB 217 Supporting Documents-Email Coleen Greenshields 7-14-2015.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
06 HB 217 Supporting Documents-Memo Legislative Legal 9-23-2015.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
07 HB 217 Supporting Documents-Memo NCSL 7-16-2015.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
08 HB 217 Supporting Documents-Research Report 1-8-2015.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
09 HB 217 Supporting Documents-Spreadsheet Speciality License Plate Sales 1-20-2015.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
10 HB 217 fiscal Note.php.pdf HSTA 1/26/2016 8:00:00 AM
HB 217
7 HB 243 Explanation of Changes version E to G.pdf HSTA 1/26/2016 8:00:00 AM
HB 243
13 SB9 Fiscal Note OOG.pdf HSTA 1/26/2016 8:00:00 AM
SB 9