Alaska Legislature: MISC-20260805-1130 Ballot Measure 3 Hearing

This is Lieutenant Governor Nancy Dahlstrom. With me today is Carol Beecher, Director of the Division of Elections, and my Chief of Staff, Tatiana Robbins. And Initiative Coordinator April Simpson. I call this public hearing to order. Today is Wednesday, August 5th, 2026.

The purpose of this hearing is to hear from the primary sponsor and the group opposing Citizen Initiative 25 USC-V. This public hearing is required under a law passed by the Alaska State Legislature in 2010. I will read the ballot summary now. An act addressing voter qualifications. Alaska law requires that someone must be a United States citizen and meet other requirements to vote.

This act would specify that only those who are United States citizens and meet the other requirements may vote. This act would not change the requirements to vote. Should the Will this initiative become law is the question. This initiative is set to appear on the ballot for the upcoming November 3rd, 2026 general election. Today we will be hearing from the initiative sponsor.

We will also provide the opportunity for a group opposing the measure to provide testimony, and we will then open up the hearing to public testimony. I would like to note that an initiative is different than legislation that is brought through the public process in the The initiative you will be hearing about today will be on the general election ballot this November as it is. Unlike legislation that's debated in the legislature, this initiative cannot be amended or altered. Additional information pertaining to this initiative, such as the proposed bill, the ballot summary, and the cost estimate, can be found in the attachment C. Section of the public notice as well as on the Division of Election website. So we will begin the testimony process, and the order of this hearing is going to be: first, we will have a statement of support from the sponsor; the second, we will have a statement of opposition; and third, we will then open up the hearing to take public testimony.

So we will now begin with the sponsor, of the initiative.

And I have online with me former Representative and Speaker of the House Mike Chenault. Mike, can you hear me?

Lieutenant Governor, I can hear you. Great. Are you the one who's going to give us the sponsor statement? I'm going to do my best. All right, the floor is yours.

Please proceed.

Thank you, uh, Lieutenant Governor. For the record, my name is Mike Chenault, and I am a co-sponsor for the Alaska— Alaskans for Citizen Voting Initiative. Thank you for the opportunity to speak today in support of this measure. I want to begin this with the issue of non-citizen voting, it's not hypothetical. In this year alone, the Los Angeles City Council moved forward a proposal to allow non-citizens voting in city and school board elections.

The council later pulled it back for further review, but the point is clear. Yet another one of a lot of the largest cities in America, are trying to move this policy forward right now. And Los Angeles is not alone. As many as two dozen cities and local jurisdictions have already enacted some form of noncitizen voting.

That is why this matters. Most Alaskans believe that only U.S. citizens can vote in Alaska elections. The current law says citizens may vote. It does not specifically say that only citizens can vote. This initiative fixes that.

It closes the gap and makes Alaska law unmistakably clear.

This is a narrow, common-sense measure. It does not change who is a U.S. citizen. It does not affect federal immigration law. It does not change voter ID, absent voting, or the mechanics of running elections. It simply states clearly that voting in Alaskan elections is reserved to Alaskan or U.S. citizens.

That clarity matters. It helps prevent confusion. It closes potential loopholes. That other places are exploiting right now, and it keeps this question from being left to the courts or future efforts to stretch the law. We should act before Alaska faces the same kind of pressure that other cities are facing now.

This effort is also pro-immigration and pro-citizen. Many Alaskans or their parents or grandparents follow the legal path to citizenship so they could fully participate in American democracy.

Reserving the ballots to citizens honors that process and affirms the value of citizenship.

This is a decision that the people of the state of Alaska should make clearly for themselves. Other cities are moving in the wrong direction. Los Angeles is the latest example. Alaska should make it clear now in plain language that voting in Alaska elections is a core right and responsibility of citizenship. In closing, this initiative aligns Alaska law with what Alaskans already believe.

It closes a loophole before someone tries to exploit it. And it makes clear once and for all that in Alaska, only U.S. citizens vote. Uh, thank you for your time, Lieutenant Governor. Thank you, Mr. Chenault, for calling in today.

In addition to the sponsor statement, the law requires a statement of opposition. Do I have someone present? Yes, I have Representative Andrew Gray here, so please come to the table. Identify yourself and proceed with your testimony. Thank you, Lieutenant Governor, Director Beecher, and Ms. Robbins.

Um, I am opposed to Ballot Measure 3. My name is Andrew Gray. I represent the Umed District in the Alaska Legislature. I am the chair of House Judiciary. Um, that is relevant because we have had hearings about issues of voting and citizenship.

And, um, what I disagree with so strongly from the sponsor statement from former Speaker of the House Chenault is that we have some sort of loophole in our law. In Alaska today, it is against the law for a non-US citizen to vote in a local or state or federal election. It is against the law. And how do we know that? Because in 2023, we arrested 11 people in Whittier for voting.

They are American nationals. They are from American Samoa. They carry an American passport. That's the only passport they have. They pledge allegiance to the U.S. flag.

That's the only flag they pledge allegiance to. They— if they choose to serve in the military, they serve in the U.S. military, no other military. These American nationals are not allowed to vote in local and state elections in Alaska, and that's why they were arrested. So when you say we have a loophole, wouldn't that loophole have applied to these American nationals to be able to vote? I don't understand where the loophole is.

Where is the loophole? Why are we putting people in jail or charging them with crimes if it's not a crime? If what's being told by the sponsor is true? If there's a loophole and they may vote, why don't we allow them to vote then? You know why?

Because it's just simply not the law. It's misleading. We don't need this language.

I'm just going to spell that out for a moment. And the reason why it's important, and it's— we're going to talk about American Samoans, is because in the United States today, Alaska has a larger American Samoan population than any other state behind Hawaii. So it— this is a real issue in our state. We have a large population who, um, don't. And I, I think in the previous sponsor statement that we heard a week ago, um, when we heard from former Senator John Coghill, it was stated that this would actually give clarity to American Samoans, but that's not true.

In 2023, when Tupe Smith and Whittier was encouraged to run for school board by teachers at the school where she volunteered, um, and then was elected, it wasn't because she thought she was exploiting a loophole. The folks didn't understand that they couldn't vote. American Samoans didn't know. And at the time, neither did the Anchorage Elections Office nor the Division of Elections itself when people were seeking clarity on this issue, if they could vote. There— people didn't know.

And adding this word to statute only doesn't fix that problem. It doesn't give clarity to folks who don't know if they're citizens or not. That is confusing. And the reason why, and, you know, I don't know the specifics about Los Angeles and what they were considering in terms of allowing noncitizens to vote in local and state elections, but I would love to have the freedom as a legislator to bring forth legislation that might allow American Samoans in Alaska who are American nationals but not U.S. citizens to vote in local and school board elections so that we don't have what happened in Whittier where 11 people were arrested, not because they purposely voted, but because they didn't know that they couldn't. And in the case of somebody who wanted to serve her community on the school board, was encouraged to do so by folks in the community, and was willing to step up and provide that public service.

We want folks who want to help to be able to help. And so that's why I urge folks to vote no. I'm going to speak very, very frankly here. I think this probably will pass. I think most voters will see this and will say, yeah, this is good.

We're going to add this and it's going to change nothing in Alaska. And that's unfortunate because we do need to change it because a terrible injustice is happening where folks who really can't vote anywhere, like, that's the bottom line. They come here as children, they spend their lives here, and they can't vote at all. And that's a tragedy. And so it makes me sad that this is probably going to pass.

Thank you for allowing me to speak. Thank you for your testimony, Representative Gray.

We have— we are now going to open the hearing to public testimony. I would like to limit the the comments to about 3 minutes, but if somebody is in the middle of a paragraph, you know, please feel free to finish your thoughts on that. I want to be generous in allowing people to do that. So we'll start working through the list of people. We are going to go with those who are in the room first, and then we will go to those who are online.

So in the room we have And I may not pronounce this correctly, but I'm going to try. Tama Levis, please welcome to the podium and state your affiliation and your name and proceed with your testimony. Hello, my name is Tama Levis Senga Solanoa. I am here representing myself as a Pacific Islander woman and as an American Samoan U.S. national. I have brought my passport.

It says the bearer is a United States national and not a United States citizen. So that can be found in my government issued, my federally issued document that I received. I am a US national. I am not an alien. I am not a citizen.

I am not required a green card. As you can see, I hold a passport, a US-issued passport. If this ballot initiative passes, the opportunity for the Alaska Legislature to allow for American Samoans to vote in local and state is taken away. It ties their hands and prevents them from ameliorating a huge injustice.

As an American Samoan woman, it has been really hard, especially seeing our people being carted off and going through the ASD system and the UA system. A lot of people don't realize that I am not allowed to vote, and even some of my colleagues and friends, when they hear that I don't have a right to vote in this day and age, they are taken aback in a sense that they don't understand why I can't vote. So I have to go through a whole history lesson of why I am not allowed to vote and why I'm a U.S. national, and I have to go through the proper channels of getting naturalization. So that is something that growing up I wasn't informed of, not through elementary, middle, or high school. It wasn't until I was in college that I was able to do my own independent research and find this out myself so that way I could be sure of what I can and can't do as a U.S. national.

And I leave you all with this quote from former President Lyndon B. Johnson: The vote is the most powerful instrument ever devised by human beings for breaking down injustice and destroying the terrible walls which imprison people because they are different from others. Thank you. Thank you, Tammy Levis, for your testimony.

Do I have anyone else in the room who would like to testify? All right, not seeing anybody. Let's go online. And the first person in the queue is Avi Fontenberry. Avi, can you hear me?

Hi, yes, thank you, Lieutenant Governor. I appreciate it. Please proceed. My name is Avi Fontenberry. Can you guys hear me okay?

We sure can. Please proceed. Okay, my name is Avi Fontenberry and I'm the president of Americans for Citizen Voting. Americans for Citizen Voting works with legislators and citizens across the country to pass legislation that reserves voting for only citizens of the United States. But before I talk about our organization, I want to share with you guys my experience and my journey in becoming a citizen of the United States.

I really believe that it's a testament to the values that many of us hold dear. So, I was born in Brazil, a country with its own unique blends of cultures and traditions. And when I was 3 years old, my life took a turn. My mother met an American man who was visiting Brazil on business. They met at the office, and that encounter turned into a love that transcended borders.

For 3 years, they exchanged letters, bringing the physical distance that separated us all to a much closer place. And then in October of 1988, my mother made the life-altering decision to move us to the United States, where she married the wonderful man who's been a father to me for the last 35 years. So by marrying an American, my mom and I got green cards, which allowed us to live and work in this country for the rest of our lives. I grew up in American schools and worked in American companies and enjoyed a very rich life. But there was one thing I could not do, and that was vote.

That simple act of casting a ballot in the democratic process, a privilege that many people take for granted, wouldn't be afforded to me without my swearing allegiance to the country that I loved., and it was during that time that I realized the true significance of becoming a U.S. citizen. At the age of 20, I embarked on the journey to obtain my American citizenship. The process was rigorous, demanding my commitment to understanding America's history, its values, and the principles that define this nation. It also demanded my time and money. Part of the citizenship process even required me to renounce my citizenship to my birth country and give my allegiance to the United States.

I will never forget the pride that swelled in my heart as I chose to pledge myself to this incredible country. At age 21, I celebrated being a U.S. citizen with a party surrounded by friends and loved ones. It was a moment of profound joy and gratitude, not just for the right to vote, but for the sense of duty and responsibility that came with it. So you understand that the citizenship process is truly transformative, and I know this better than most. It's a journey of dedication to the ideals that this country was founded on, and it's an affirmation of our commitment to the principles of liberty, justice, and the pursuit of happiness.

When we advocate for citizen-only voting, we are not merely safeguarding the electoral process. We are nurturing responsible voters, individuals who comprehend the gravity of their choices at the ballot box.— who recognize that their decisions have profound consequences for our nation's future. So I would like for you to unite with me in the conviction that the citizenship process is vital and that it instills in us a deeper sense of responsibility and that it creates informed voters who can be trusted to uphold the values that this country holds so dear. So this movement to allow noncitizens to vote in America is growing across the nation. In fact, in the year 2000, there were only 2 states cities in one state that allowed noncitizen voting.

But today there are 24 cities across 4 states and the District of Columbia that allow noncitizen voting in municipal elections. A movement that is powerful enough to bring legal noncitizen voting to our nation's capital is definitely power enough to bring legal noncitizen voting to Alaska. And as a naturalized American citizen, I vote Alaska, or I urge Alaskans to vote yes on citizen-only voting. We want to unite to ensure that the democracy remains rooted in citizenship, responsibility, and integrity, and that our love for this great nation is the cornerstone upon which we build a brighter future for our beloved United States of America. Thank you.

Thank you for your testimony, Avi. Next in the queue is Joanne Kaur from Soldotna. Can you hear me, Joanne? Yes, I can. Please identify yourself and proceed with your testimony.

Okay, Joan Core from Soldotna, and I also am in favor of ballot number 3. I think only Alaskan and American citizens should be able to vote. That just make— it just makes sense, and I would like to see our laws tightened up where people can't twist it. And it's just, it's just basic common sense. Thank you.

Thank you, Joan, for your testimony. Next in line is Teresa Lewandowski from Homer. Teresa, can you hear me? Yes, I can. My name is Therese Lewandowski and I'm in Homer.

Um, first of all, I want to say that this, uh, this ballot initiative is a waste of money and a waste of voters' time. It is already illegal to vote in the state of Alaska unless you are a citizen. It, it states that in Statute 15-05-010, a person may vote at any election who is a citizen of the U.S., is 18 years or older, has been a resident of the state and the House District for at least 30 days has registered before the election as required. That is the law in the state of Alaska. That is already so.

This ballot measure, if passed, would just amend a couple words in the first sentence. It doesn't make any sense to me. This would cost $100— over $114,000. That money could be used for so many things. Homer High School pool is going to get closed.

It could use that money to pay its utilities. And I just have to say, in terms of these beautiful Samoan people and a lot of immigrants in our country, they pay taxes. Wealthy people don't even pay taxes. They pay Social Security, they pay into Medicare and Medicaid, and they will never receive those benefits. I don't think they should be allowed to vote in federal and state elections, but they live in their communities, they give to their communities, their children go to the schools Why can't they vote in the school board?

Why can't they vote in a local election? The beautiful people of Samoa deserve that. And I think that this ballot measure is just, frankly, just a bunch of crap. It's a waste of voters' time and it's a waste of money. And I encourage everybody to vote no for it.

I know I am, and a lot of people I know are. And thank you, Representative Gray. Everything you said, I totally agree with. Thank you. Thank you, Therese, for your testimony.

Next in the queue is Karen Robinette from Wasilla. Karen, can you hear me?

Yes, thank you for allowing us to testify in this hearing. I'm Karen Robinette. I live just north of Wasilla, Alaska, and, um, longtime resident of the state. I am very strongly in support of this bill, of this ballot measure. I definitely do not want non-citizens voting.

I'm sorry if the people of Samoa that have lived here all their lives have not become citizens, if that's what they wanted to do.

Frankly, I wish all voters had to pass the U.S. citizenship test in order to be eligible to vote, and all of us had to learn some U.S. history, learn how our system works, and be allegiant to the United States rather than some other country. I can't get that at this point, but I definitely don't want anybody else who hasn't met those requirements to be voting in our laws. And while the current law may be getting interpreted as requiring U.S. citizenship to vote, it doesn't say that. It says those who meet the requirements may vote. It does not say that they cannot vote, and it therefore, as far as, as I read it, doesn't say that some election worker who decides to register a non-citizen or a non-resident to vote would be prosecutable for violating the law, whereas it appears to me this ballot measure would change it in such a way that they would become clearly a criminal actor if they were to do that.

I hope that's never happening in this state. At this point, it seems clear it is happening in other states, and therefore I strongly support this ballot measure. Thank you for giving me time to speak my mind. Thank you for your testimony, Karen.

Currently, we do not have anyone else in the queue, and I don't have anyone in the room wishing to to testify. So it is 11:54 and we will go at ease until we have our next participant.

Hello, Patricia, are you available and can you hear me? Yes, great. Yes, I can. We have on the line with us Patricia Bouton from Kenai. If you would like to identify yourself and please state your testimony, the time is yours.

Thank you very much. Uh, Patricia Bouton, Kenai Peninsula. I support Ballot Measure 3, that only American citizens can vote in elections. Representative Andrew Gray admitted in his opposing statement that Alaska legislation is looking at opening up our state elections to nationals and non-American citizens to vote. If American nationals want to influence our elections, then become an American citizen.

Anyone can become an American citizen. If they want the rights and privileges that come from being a citizen of the country they live in, then take the time to go through the naturalization process. Pledge your allegiance to America. Learn the state laws. I agree with Thomas Jefferson's quote, "Ignorance of the law is no excuse in any country." In my opinion, anything less than full allegiance to America and Alaska does not deserve the constitutionally protected right to vote or influence our state in any way.

I respectfully encourage my fellow Alaskans to vote yes on Ballot Measure 3 to help preserve transparent and trusted elections for generations to come. Thank you for this opportunity to testify. Thank you for your testimony, Patricia.

I would like to note for the record that it is now 1:30 PM and there are no remaining members of the public wanting to testify, and so we will conclude this public hearing. Thank you to all who provided testimony today and to the Legislative Affairs Agency staff for assisting. All parties have spoken. This hearing on Citizen Initiative 25, USCV, is now adjourned. Thank you.