02/08/1995 01:05 PM House JUD

 HJUD - 02/08/95                                                               
 CSHB 42 - ABSENTEE VOTING BY FAX                                            
                                                                               
 Number 600                                                                    
                                                                               
 TOM ANDERSON, AIDE TO REPRESENTATIVE TERRY MARTIN, sponsor of CSHB
, introduced the bill.  He said the bill allows absentee voters             
 who apply within four days of an election, to receive a ballot by             
 fax, and vote, sending it back by fax (electronic transmission).              
                                                                               
 Number 640                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN felt the word "or" on page 2, line 16              
 ought to be "and".  Everyone submitting an absentee ballot has to             
 include their address, but the implication with the "or" is that if           
 they send in the absentee ballot, they actually do not have to                
 include the address, just whatever fax number they happen to be               
 using that day.                                                               
                                                                               
 Number 654                                                                    
                                                                               
 REPRESENTATIVE GREEN read it to say you will give the address                 
 where you want the ballot sent.                                               
                                                                               
 MR. ANDERSON thought the reason behind that was an individual may             
 be traveling and not have an address.                                         
                                                                               
 Number 675                                                                    
                                                                               
 DAVID KOIVUNIEMI, ACTING DIRECTOR, DIVISION OF ELECTIONS, OFFICE OF           
 THE LIEUTENANT GOVERNOR, answered Representative Finkelstein's                
 question about where in law we require the same information on the            
 face of the ballot request and on the ballot jacket, that we do for           
 a fax ballot.  He said on an absentee ballot, they have to give the           
 information, including a resident address and things like that.               
                                                                               
 CHAIRMAN PORTER asked him to look at page 2, line 14.  He said they           
 are hoping this does not mean that if you vote by fax, you do not             
 have to provide your address on the face of the ballot itself.  We            
 presume this means that if you want your absentee ballot mailed to            
 you, you have to give the address to mail it to.  If you want it              
 faxed to you, you have to give the fax number in which to fax it              
 to, and that is all that means; it does not change the requirements           
 for providing information on the face of the absentee ballot.                 
                                                                               
 Number 725                                                                    
                                                                               
 MR. KOIVUNIEMI was not sure how they were going to do that yet.  He           
 presumed they would still require that they give a resident address           
 in order to identify who they are, that they are qualified, and               
 what portion of the ballot would be counted; based upon the address           
 they gave us, and the district they registered at.                            
                                                                               
 REPRESENTATIVE FINKELSTEIN noted that it currently states on the              
 absentee ballot that you must include your out of state address.              
                                                                               
 Number 750                                                                    
                                                                               
 MR. KOIVUNIEMI said all this was saying is that if you do request             
 your application by fax, that you also give them a fax number where           
 it is supposed to be transmitted.  That is the intent.                        
                                                                               
 Number 760                                                                    
                                                                               
 CHAIRMAN PORTER thought there was probably a lot of unnecessary               
 language in the statute.  If they ask for fax ballots, you are                
 going to have to have a number to send it to.                                 
                                                                               
 Number 800                                                                    
                                                                               
 REPRESENTATIVE BUNDE asked what district they would vote in.                  
                                                                               
 MR. ANDERSON said they would just vote in the district they last              
 voted in, until they change their residence.                                  
                                                                               
 REPRESENTATIVE VEZEY mentioned that you have to change your address           
 30 days before an election in order to vote in the new district.              
                                                                               
 There was some concern about the lack of privacy in a faxed vote.             
                                                                               
 TAPE 95-9, SIDE A                                                             
 Number 000                                                                    
                                                                               
 REPRESENTATIVE TOOHEY said that is a person's right to give up                
 their privacy in how they voted.  The ability to vote absentee                
 outweighs the inconvenience of another person seeing your ballot.             
                                                                               
 Number 075                                                                    
                                                                               
 REPRESENTATIVE BUNDE said the Pioneer Homes Advisory Board was                
 concerned about those who had been declared legally incompetent,              
 and therefore represented by others.                                          
                                                                               
 Number 084                                                                    
                                                                               
 MR. ANDERSON did not know how to prevent someone from being                   
 fraudulent in that case.  It is no different than someone voting              
 absentee by mail.                                                             
                                                                               
 Number 130                                                                    
                                                                               
 REPRESENTATIVE FINKELSTEIN offered an amendment to delete the                 
 portion of the bill that would allow the actual ballot to be faxed            
 back to the Division of Elections.                                            
                                                                               
 There was objection and a roll call vote was taken. Representatives           
 Davis, Bunde and Finkelstein voted yes.  Representatives Toohey,              
 Vezey, Green and Porter voted no.  The motion failed four to three.           
                                                                               
 Number 230                                                                    
                                                                               
 REPRESENTATIVE VEZEY made a motion to move the committee substitute           
 for HB 42, with individual recommendations and fiscal notes                   
 attached.                                                                     
                                                                               
 Hearing no objection, committee substitute for HB 42 passed out of            
 committee.                                                                    
                                                                               
 ADJOURNMENT                                                                   
                                                                               
 The House Judiciary Committee adjourned at 3 p.m.