02/23/1995 01:40 PM House FIN

  HB 42     An Act relating to absentee  voting, to electronic                 
            transmission of absentee ballot  applications, and                 
            to  delivery   of  ballots   to  absentee   ballot                 
            applicants   by   electronic   transmission,   and                 
            enacting a definition of the term 'state election'                 
            for purposes of absentee voting.                                   
                                                                               
            CS HB 42 (STA) was  reported out of Committee with                 
            a "do pass" recommendation and  with a fiscal note                 
            by the Office of the Governor.                                     
  HOUSE BILL 42                                                                
                                                                               
       "An  Act  relating to  absentee  voting,  to electronic                 
       transmission of  absentee ballot  applications, and  to                 
       delivery  of ballots to  absentee ballot  applicants by                 
       electronic transmission,  and enacting a  definition of                 
       the  term 'state  election'  for purposes  of  absentee                 
       voting."                                                                
                                                                               
  JOHN ANDERSON, STAFF, REPRESENTATIVE TERRY MARTIN, explained                 
  that HB 42 would  allow residents of Alaska who  were voting                 
  absentee to  utilize electronic transmission  (fax), whether                 
  in-state, out-of-state in  the United States, or  outside of                 
  the United States.                                                           
                                                                               
  He  added  that  the  national  trend is  to  expand  voting                 
  practices and allow  those individuals  voting absentee  the                 
  most expeditious means  by which to  cast their ballot.   In                 
  terms of Alaska's  requirements, there is a 36-45 day ballot                 
  transmission  time.    Ballots would  be  mailed  21-30 days                 
  before the election.  Marked ballots mailed by voters within                 
  the United States would be counted  if postmarked by the day                 
  of the election.                                                             
                                                                               
  Mr. Anderson concluded, the purpose of the legislation would                 
  be to decrease lost, delayed, or denied absentee ballots due                 
  to  time  restraints.   The  use of  electronic transmission                 
  maintains   confidentiality   while  furthering   speed  and                 
  efficiency.    In  essence,  it  would  expand  the  use  of                 
  alternative  voting procedures which, if not utilized, might                 
  otherwise disenfranchise an Alaskan resident voting absentee                 
  when time is important.                                                      
                                                                               
  Representative Brown  asked if  a definition  of "electronic                 
                                                                               
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  transmission" existed at this time.   Mr. Anderson commented                 
  that currently there is not a definition in the legislation,                 
  although he thought one could be added.  He added, that  the                 
  former  Division  of  Elections  Director Swanson  requested                 
  changing "facsimile"  to  "electronic  transmission"  in  an                 
  attempt  to address  monitorization.   Representative  Brown                 
  asked other means of voting would be used.                                   
  DAVE  KOIVUNEMEI, ACTING  DIRECTOR,  DIVISION OF  ELECTIONS,                 
  OFFICE OF THE  LT. GOVERNOR, advised that the  Division will                 
  be  handling  the  elections   primarily  by  fax,  although                 
  applications  can be  sent by  other electronic  means.   He                 
  added, the proposed  legislation supports transmission being                 
  accomplished  as  securely  as  possible.    Mr.  Koivunemei                 
  pointed out that a specific fax line would be established as                 
  a dedicated line.                                                            
                                                                               
  Representative Brown  questioned which  section of  the bill                 
  clarified  that  the voting  process must be  secured.   Mr.                 
  Koivunemei  noted  that  Section 1  spoke  to  that concern.                 
  Representative  Brown recommended adding language to Page 2,                 
  Line   18,   following   "electronic  transmission   number"                 
  inserting "or address".   She  asserted that language  would                 
  clarify how  the ballot would  be returned.   Mr. Koivunemei                 
  interjected that applications are  accepted by fax, although                 
  if  an  address was  provided, the  ballot could  be mailed.                 
  Representative   Brown   recommended   that  inserting   the                 
  additional language would clarify the intent.                                
                                                                               
  Co-Chair Hanley suggested as the  legislation is now written                 
  the intent could read either way.  Mr. Koivunemei noted that                 
  no one  would be  denied  a ballot  without the  recommended                 
  language change.                                                             
                                                                               
  Representative Therriault questioned language  in Section 3,                 
  Page 2, the switch from [4] to [7] days  before the election                 
  in which the absentee  ballot could legally be sought.   Mr.                 
  Koivunemei  explained  that  the  change  resulted from  the                 
  unpredictability weather conditions and  other interferences                 
  in  the   non  urban  communities   which  would   interrupt                 
  applications arriving on time.                                               
                                                                               
  Representative Kohring  suggested adding a  fax transmission                 
  for voter registration.   Mr. Koivunemei did not  think that                 
  would  be  a problem.   Mr.  Anderson  pointed out  that the                 
  Senate  Judiciary  Committee  had  added  that  language  to                 
  similar  legislation  last  year.     Representative  Martin                 
  thought  that legislators  might be  uncomfortable with  the                 
  addition of that language and  that he would not want  it to                 
  complicate the passage of HB 42.                                             
                                                                               
  Representative   Mulder   questioned    the   fiscal    note                 
  expenditures referencing the purchase  of three fax machines                 
                                                                               
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  every two years.   He urged a  one time purchase.   Co-Chair                 
  Hanley recommended  removing  the $8  thousand  dollars  for                 
  remaining years.   Mr. Koivunemei commented that  the fiscal                 
  note  had been  difficult to project  with no  past evidence                 
  from which to base it.                                                       
                                                                               
  Representative  Brown  suggested returning  to  the original                 
  bill  language which  would  make it  easier  for people  to                 
  register  to  vote.    Representative  Mulder  reminded  the                 
  Committee that last  year, the same legislation did not pass                 
  the Senate because  of concerns  with privacy and  security.                 
  Representative  Brown  emphasized  that  voter  registration                 
  would not have any relationship to privacy or security.  She                 
  reiterated that voter registration should be public.                         
                                                                               
  Representative Brown MOVED to adopt the original language of                 
  HB 42, and  not use the language adopted by  the House State                 
  Affairs Committee.  Representative Mulder OBJECTED.                          
                                                                               
  A roll call was taken on the MOTION.                                         
                                                                               
       IN FAVOR:      Brown                                                    
       OPPOSED:       Martin,  Mulder,   Parnell,  Therriault,                 
                      Grussendorf,  Kelly,   Kohring,  Hanley,                 
                      Foster                                                   
                                                                               
  Representative Navarre was not present for the vote.                         
                                                                               
  The MOTION FAILED (1-9).                                                     
                                                                               
  Representative Mulder MOVED to report CS  HB 42 (STA) out of                 
  Committee  with  individual  recommendations  and  with  the                 
  revised fiscal note.   There being  NO OBJECTION, it was  so                 
  ordered.                                                                     
                                                                               
  CS HB  42 (STA)  was reported out  of Committee  with a  "do                 
  pass"  recommendation and with a  revised fiscal note by the                 
  Office of the Governor.