Legislature(1995 - 1996)
02/22/1996 09:43 AM Senate FIN
| Audio | Topic |
|---|
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE BILL NO. 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."
Testimony was given by Representative Terry Martin, sponsor
of the bill. He stated the intent of his bill is to make
use of modern technology in order to get people to vote.
Alaska is the largest state in the union and has many
travellers in a given day. Many of them may unexpectedly
have to leave with the intent to vote on election day but at
the last minute, due to some emergency some normal everyday
unexpected things happen and one finds they want to vote.
Approximately ten states participate in electronic voting.
During the Gulf War Alaska accepted over 200 applications
from Alascom personnel and military personnel. The U.S.
Justice Department on behalf of the U.S. Defense Department
upgraded the rules where military people could have access
to voting by electronic means. Alascom, which are leaders
in their field, helped work out the system nation-wide
giving military people the right to vote. Before we were
only talking about fax and now the Division of Elections
wants other electronic means because it is all moving so
fast with e-mail, cc mail and internet. It is so easy and
so quick to get people the right to vote.
Senator Phillips inquired as to how it would be enforced to
keep people from cheating. Representative Martin indicated
that it would now be more difficult for someone to cheat by
electronic mail. They have to request to vote at least four
days in advance; they have to be identified in the office
before a ballot is even sent out to them. The Division of
Election still worries about people walking into the local
precincts who are not clearly identified all the time.
There will be more screening on the individual now. Senator
Phillips posed a hypothetical case for voting in April.
Representative Martin said that this bill would allow a
request to the city clerks' office for an absentee ballot
within four days of the election. This can be done by mail,
fax or e-mail. A ballot would be returned for where the
individual is qualified for. It is all taken care of
electronically. It began with fax but they did not want to
limit it because now there are so many quicker ways;
internet, e-mail, cc mail.
Mr. Tom Anderson, aide to Representative Terry Martin,
advised that one could use mail or electronic transmission
at any stage as long as the seven-day rule for mail and the
four-day rule for electronic transmission is abided by in
terms of applying for the ballot. Senator Phillips asked if
this could be done twice and Representative Terry Miller
advised that this is very well scrutinized. All absentee
ballots are kept in a separate area. There is always a
cross reference. Absentees are checked out by voter
registration number, precinct and district. They get only
one vote.
Senator Donley wanted to know how it was verified that the
person who faxed or transmitted the vote in was the same
person who was sent the absentee ballot. Representative
Martin said that verification is first, by voter
registration number. That is the same number that is sent
out to you when you request the ballot. Second, that number
is your code number to come back in. It could also be done
by signature. The department if very conscientious. That
is part of the reason for the fiscal note of $38,000 so an
individual can be trained in electronic means and the method
can be double-checked. There will be more scrutiny than
walk-ins. Mr. Anderson stated the Division of Elections is
still formulating at what level they will operate the
electronically transmitted reception. There will be one
person, hence the fiscal note, and they will be located in
Juneau. They will adopt procedures that will allow
transmission by fax only, by computer or a cc mail version.
It will all be matched by code, voter ID and signature.
Senator Donley asked about the two witnesses for absentee
ballots and how would this work. Representative Martin
advised that the same would still apply.
Senator Zharoff stated that after faxing in ones tabulation
the hard copy then could be mailed in. Representative
Martin said that it could be done but at this time the most
important thing is that the electronic ballot be in by
election night. Mr. Anderson further advised that this is
not a substitute for absentee voting nor is it a substitute
for voting. Hopefully people could mail in a timely fashion
however, there are numerous problems that could occur and
this is merely an option.
Diane Shriner, Division of Elections, was invited to join
the committee. The Division does not stand in support or
opposition to this bill. She explained that when the bill
was first introduced electronic transmission was limited to
fax. It was requested that the Department of Law clarify
the term "electronic transmission". There is no problem
requesting ballots by cc mail, electronic mail or other
modern means, but the witnessing and certification of the
ballot is important. It may not be possible at this point
to provide that verification by cc mail. Co-chairman
Halford asked if this was in regards to the actual voting
and not in getting the ballot. Mrs. Shriner indicated that
their understanding was that the vote would be made by fax
machine. She also referred to the waiver of some secrecy
but indicated they would still try to protect the voter.
Senator Phillips related a hypothetical case. Mrs. Shriner
advised that they would provide instructions on anything
sent that could be returned by fax that the person should
provide us with, information on how to reach them and the
person should wait for and receive the notice of
transmission. Senator Phillips asked what would happen in
the case of a power outage. Mrs. Shriner said it could be
checked with other states using this method and see how they
were handling it. She will research the matter and provide
a report back to the committee. Co-chairman Halford and Mrs.
Shriner discussed regulatory authority to come up with a
system designed to provide security using e-mail and other
computer transmissions. At present the fax machine meets
all security criteria.
Senator Zharoff asked how it would be determined which
ballot would be valid if a person voted more than one time.
Mrs. Shriner advised that this matter was covered by statute
and there is a process for dealing with duplicate ballots.
Senator Zharoff discussed amending the bill to include an
immediate effective date. Senator Donley would rather the
department have enough time to set up proper procedures.
Co-chairman Halford comments on regulations. Tom Anderson
advised that Representative Martin's intent was to get this
into effect as soon as possible. Senator Donley indicated
that there was no specific time frame indicated and the
division should be allowed some flexibility in case of any
problems. Co-chairman Halford advised that if the bill is
left without an effective date it will take effect ninety
days after signature. That would still be in time for the
primary election. Senator Zharoff felt that there would be
less confusion if there were an effective date on the bill.
Senator Zharoff MOVED to amend the bill to include an
effective date. Mr. Anderson agreed to the amendment.
Without objection the amendment to include an effective date
was ADOPTED.
Senator Sharp MOVED S CSHB 42(FIN) out of committee with
individual recommendations and accompanying fiscal note and
without objection it was REPORTED OUT with individual
recommendations and accompanying fiscal note of $37.6 from
the Division of Elections.
| Document Name | Date/Time | Subjects |
|---|