Legislature(1993 - 1994)
03/04/1994 01:36 PM House FIN
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 49 "An Act relating to facsimile absentee ballot application and facsimile absentee voting." On 2/15/94, HB 49 was assigned to a subcommittee consisting of Representative Parnell as Chair and Representatives Brown and Martin. Representative Parnell provided members with a proposed committee substitute, work draft 8-LS0359\I, dated 3/3/94 (copy on file). He also provided members with a sectional analysis of changes incorporated by the committee substitute (copy on file). He discussed the changes made by the committee substitute. He noted that the committee substitute would apply a phased in approach to allow all absentee voters to vote by fax. He noted that the Division of Elections would be unable to implement the provisions by the next primary election. Under the committee substitute ballots could not be cast by fax during the primary election. Absentee ballots could be requested during the primary election. Ballots could be cast in the general election if the voter was residing outside of the state. In two years all absentee voters would be able to vote by fax. Representative Parnell stressed that the Subcommittee presumed that voters utilizing a facsimile machine to submit their ballot would waive their confidentiality. A waiver provision would be added to the ballot. Representative Parnell MOVED to ADOPT work draft 8-LS0359\I, dated 3/3/94. There being NO OBJECTION, it was so ordered. Representative Brown expressed concern that the phase in approach does not allow all citizens to have the same opportunity to vote. (Tape Change, HFC 94-48, Side 2) Representative Brown felt that the the committee substitute improved the legislation. 9 Co-Chair Larson asked if the originals of the faxed ballots would be mailed. Representative Brown clarified that faxed ballots would be in leu of a written ballot. She noted that ballots would have to arrive before or on the day of the election. She observed that the legislation would allow the possibility of data transfers. Representative Brown expressed concern that possibilities for fraud exist. She acknowledged that opportunities for ballot fraud exist in the current written ballot system. Representative Parnell asked if the phased in approach would change the Division of Elections' fiscal note. TERRY ELDER, DIVISION OF ELECTIONS, OFFICE OF THE GOVERNOR stated that the Division's fiscal note would not be changed. Representative Navarre stressed that procedures must be implemented to assure that transmittal of faxed ballot information is processed correctly. He asked if the statement of oath is the same as currently utilized on absentee ballots. Mr. Elder noted that current absentee ballots require that the ballot is witnessed by any two persons over the age of 18 or a individual authorized to give oaths. A commissioned or non commissioned officer, notary or an election official may also witness the ballot. In response to a question by Representative Navarre, Mr. Elder noted that the age requirement was not included in the committee substitute. Representative Parnell MOVED to insert a conceptual amendment to require that witnesses be United States citizens "over the age of 18." There being NO OBJECTION, it was so ordered. Representative Martin MOVED to report CSHB 49 (FIN) out of Committee with individual recommendations and with the accompanying fiscal note. There being NO OBJECTION, it was so ordered. CSHB 49 (FIN) was reported out of Committee with a "do pass" recommendation and with a fiscal impact note by the Office of the Governor.
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