03/18/2003 03:31 PM Senate STA

                SB  24-SPECIAL ABSENTEE BALLOTS                                                                             
                                                                                                                                
SENATOR  GEORGIANNA LINCOLN,  prime sponsor,  advised Ms.  Boario                                                               
would introduce the  bill and Ms. Breeze was  available to answer                                                               
questions.                                                                                                                      
                                                                                                                                
MS. SARA  BOARIO, chief of  staff to Senator  Georgianna Lincoln,                                                               
summarized the purpose of SB 24.                                                                                                
                                                                                                                                
     SB 24  offers a voter  living in a remote  location the                                                                    
     opportunity to  vote using  the 60-day  special advance                                                                    
     absentee  ballot.  In   current  statute,  only  voters                                                                    
     living,  working or  traveling  outside  of the  United                                                                    
     States are  eligible for this special  ballot. However,                                                                    
     distance,   terrain   and   natural   conditions   have                                                                    
     prevented  voters  in  remote  areas  from  reaching  a                                                                    
     community  with a  polling place  or from  receiving by                                                                    
     mail  ballots. The  current absentee  ballot is  mailed                                                                    
     out 14 to 15 days in advance.                                                                                              
                                                                                                                                
     The Division  of Elections supports  this bill  as they                                                                    
     already distribute the  60-day special advance absentee                                                                    
     ballot  and  this  legislation   will  not  impose  any                                                                    
     administrative difficulties. This bill  also has a zero                                                                    
     fiscal note.                                                                                                               
                                                                                                                                
Last  session there  were  a couple  of  questions regarding  the                                                               
interpretation   of   the   words  "remote"   and   "reasonable."                                                               
Legislative  legal advised  them to  review how  the Division  of                                                               
Elections applies  their current regulations to  determine who is                                                               
a  permanent  absentee  voter. This  should  provide  information                                                               
regarding  how the  division  would apply  SB  24 in  determining                                                               
eligible remote voters. One of  the criteria the division uses to                                                               
identify permanent absentee  voters is if the voter  resides in a                                                               
remote area in  Alaska where distance, terrain,  or other natural                                                               
conditions  deny a  voter reasonable  access to  a voting  place.                                                               
Because   the  definition   of  "remote"   is  inherent   in  the                                                               
regulations, for SB  24 a remote area is one  in which reasonable                                                               
access to a  polling place is denied by  the conditions outlined.                                                               
The  key phrase  is  reasonable access;  legislative legal  found                                                               
that courts have  interpreted "reasonable" as a  matter of degree                                                               
dependent  upon the  specific facts  of the  case and  is usually                                                               
determined by the  agency. The Division of  Elections does review                                                               
the specific conditions of all  permanent absentee voters and the                                                               
voters that  would benefit from  SB 24 are already  identified in                                                               
the division's voter registration system.                                                                                       
                                                                                                                                
SENATOR GUESS  asked her to  confirm that the words  "remote" and                                                               
"reasonable" are  established in regulation and  that individuals                                                               
would have  to apply  for the  special ballot  just as  they must                                                               
apply for any other absentee ballot.                                                                                            
                                                                                                                                
MS. BOARIO agreed.                                                                                                              
                                                                                                                                
SENATOR  GUESS  then  asked  whether  eligible  voters  would  be                                                               
notified that this option is available.                                                                                         
                                                                                                                                
MS.  VIRGINIA BREEZE,  legislative  liaison for  the Division  of                                                               
Elections,  affirmed that  voters  would have  to  apply for  the                                                               
special ballot. Because  this would be a new  option, there would                                                               
be a method to inform voters.                                                                                                   
                                                                                                                                
CHAIR GARY  STEVENS asked Ms.  Breeze about the letter  dated May                                                               
9, 2002  and signed by  Election Administrative  Supervisor, Gail                                                               
Fenumiai where she stated, "The  division believes it would be an                                                               
unnecessary  expense to  expand  the use  of  the 60-day  special                                                               
advance ballot  to all Alaskan  voters." He was  confused because                                                               
all other  correspondence from the division  indicates this would                                                               
be a good idea.                                                                                                                 
                                                                                                                                
MS. BREEZE  agreed the letter  did cause some confusion,  but she                                                               
thought the  answer lay  in the last  paragraph. It  stated, "The                                                               
only way for a permanent absentee  voter to vote is by mail. They                                                               
do not have  access to any other options to  exercise their right                                                               
to vote. The  division feels it is in the  best interest of these                                                               
voters  that they  be extended  another  alternative for  voting,                                                               
such  as  is   the  case  with  voters  in   urban  Alaska."  She                                                               
interpreted this to mean the division  does not intend to do this                                                               
for every  voter in the  State of  Alaska. Just voters  living in                                                               
remote locations would be eligible.                                                                                             
                                                                                                                                
There were no further questions.                                                                                                
                                                                                                                                
CHAIR GARY STEVENS asked for a motion.                                                                                          
                                                                                                                                
SENATOR GUESS  made a motion  to move  SB 24 from  committee with                                                               
individual recommendations  and zero fiscal note.  There being no                                                               
objection, it was so ordered.