Legislature(1993 - 1994)
03/23/1994 09:08 AM Senate STA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
CHAIRMAN LEMAN brings up HB 49 (ABSENTEE VOTING & USE OF FAX) as the next order of business before the Senate State Affairs Committee. The chairman invites the prime sponsor to join the committee at the table to testify. Number 180 REPRESENTATIVE TERRY MARTIN, prime sponsor of HB 49, states the idea of the bill is to catch up with modern times. Alaska is the largest state in the union, and probably has more travel problems, for numerous reasons. Representative Martin thinks those problems disenfranchise some people from the right to vote, and having modern means at their disposal to use in voting would help solve the problem. Using fax machines to vote was allowed by emergency regulation during the Persian Gulf Crisis and War. Representative Martin states he was told 54 people voted by fax machine at that time. Voting by fax can work; it can remain confidential. REPRESENTATIVE MARTIN says the U.S. Justice Department has analyzed the confidentiality laws in many states, and says the minor chance of losing confidentiality in voting is minimal compared to the loss of the right to vote. Many states are getting involved in voting by electronic means. HB 49 goes a lot further than what was originally intended. In the House Finance Committee, Representative Brown proposed some good amendments, which were added. The original intent was to start off on a smaller scale, but the majority of people wanted to go for the program completely. At this point, HB 49 would allow anyone to vote electronically by the time of the general election. REPRESENTATIVE MARTIN thinks HB 49 is a good bill. He introduces Mr. Swanson from the Division of Elections to fill in the details of the process. Representative Martin informs the committee he needs to go to another meeting, and that his aide, Mr. Anderson, will speak for the bill. Number 239 TOM ANDERSON, Aide to Representative Martin, states HB 49 will allow the faxing of a request for an absentee ballot application, for the Division of Elections to fax the application to the requestor, for the requestor to fax the filled out application back to the Division of Elections, for the ballot to be faxed to the requestor, and then for the voter (requestor) to fax the ballot back to the Division of Elections. MR. ANDERSON says there are two provisions the requestor must fulfill to vote via fax: one, they must sign a secrecy waiver, which basically states they are giving up their right to secrecy and one person will see their ballot, and secondly, the absentee voter must take an oath. The faxed absentee ballot application must be received four days before the election, compared to seven days before the election for a mailed request. HB 49 does not allow for electronic voter registration. HB 49 defines "state election", so that it is clear the electronic transmission of absentee ballots will not be used in state-run REAA (Regional Education Attendance Area) elections, coastal resource area board elections, or local option elections. Finally, persons eligible to vote absentee by electronic ballot would be anyone within the state who is not in their respective election districts, anyone in another part of the U.S., and anyone outside the U.S. So basically, anyone who is outside their election district could vote by electronic transmission if they follow the guidelines and parameters set up in HB 49. If passed, persons could begin voting by electronic transmission in the 1994 general election. Number 278 CHAIRMAN LEMAN thanks Mr. Anderson and notes the existence of a memorandum from Legislative Counsel Jack Chenoweth regarding a proposed technical amendment. According to the memo, an amendment made on the floor of the House of Representatives was not reflected in the title, and this technical amendment would simply change the title to reflect the change made on the house floor. The only change between the version passed in the house and the Senate State Affairs committee substitute adds Mr. Chenoweth's proposed technical amendment. Number 299 SENATOR ELLIS makes a motion to adopt SCS CSHB 49(STA) in lieu of CSHB 49(FIN) AM. Number 300 CHAIRMAN LEMAN, hearing no objection, notes SCS CSHB 49(STA) has been adopted in lieu of CSHB 49(FIN) AM. The chairman asks Mr. Swanson if he has any testimony he would like to add. Number 303 JOE SWANSON, Director, Division of Elections says the division supports HB 49. The division feels strongly that the state has entered modern times and voting by electronic transmission should be allowed. He feels this would give some people an advantage in voting that they may not have had before. There were some early concerns regarding confidentiality, but the division feels it can preserve as much of the confidentiality process as possible through regulations. MR. SWANSON states there was also some discussion of potentiality for fraud. However, the division did not see any opening in HB 49 allowing the potential for fraud in the voting process. Number 316 CHAIRMAN LEMAN says his main concern would be ballot security and the potential for fraud. If the division can be sure of ballot security, he thinks HB 49 is a good idea. Number 320 MR. SWANSON replies the intent is to have two people in the Division of Elections Anchorage office assigned to this program. All absentee voting by fax would be done through one office. An individual in the Division of Elections would receive the fax, make sure everything on the ballot was clear, remove the name, and put the ballot in the ballot box. The faxed document would be put in an envelope, sealed, and kept for records for seven years. Number 330 CHAIRMAN LEMAN asks how the division will ensure that the person who voted by fax isn't going to vote again. Number 333 MR. SWANSON responds all absentee voting is done by number, by individual. When a faxed ballot comes in, that ballot is checked in the division's computer and voter registration system. It would be virtually impossible for someone to vote twice and the division not catch it. Number 344 SENATOR DUNCAN asks if people will be able to register to vote by fax. Number 350 MR. SWANSON replies there is nothing currently in statute prohibiting the Division of Elections to allow persons to vote by fax. If someone faxed the division a registration form, the division would accept it if it was properly filled out and notarized. There is nothing in regulation or statute addressing registration by electronic transmission. Number 357 SENATOR DUNCAN asks Mr. Swanson if the motor-voter bill will address electronic registration. MR. SWANSON says the motor-voter bill does not address electronic voter registration. However, electronic registration is not prohibited. Number 376 SENATOR ELLIS asks if there is any requirement under HB 49 for confirmation of receipt of the fax by the Division of Elections. MR. SWANSON says the intent was to put provision in regulation to send notices of receipt. He agrees whole-heartedly with Senator Ellis that receipt of faxes received should be made. Number 388 SENATOR ELLIS asks Mr. Swanson what he thinks about addressing receipt of faxes in the legislation. MR. SWANSON responds he would have no problem with that. Number 393 MR. ANDERSON states, in response to Senator Duncan's question on registering to vote by electronic transmission, that at the top of page three of the bill is a provision that he may want deleted. CHAIRMAN LEMAN asks Mr. Anderson what the discussion in the house was regarding the provision on page three disallowing registering to vote by electronic transmission. MR. ANDERSON says no one raised the issue, that he can recall. He certainly is not opposed to deleting that provision. Number 402 SENATOR DUNCAN asks if, in Mr. Swanson's opinion, that provision prohibits registering to vote by electronic transmission. Number 405 MR. SWANSON responds that provision only prohibits registration by electronic transmission at the same time a person applies for a ballot by electronic transmission. CHAIRMAN LEMAN thinks that is probably a valid concern for the time being, just to help maintain security of the election process. MR. SWANSON again states that the provision on page three addressing electronic transmission of registration does not prohibit electronic transmission of registration. Number 409 SENATOR ELLIS comments that many other nations, including a number of European nations allow same-day registration and voting, and do not have problems with fraud. He is not proposing that, but does not want people to have the impression that it would be an impossible or unreasonable thing to do. Number 425 SENATOR ELLIS asks if all steps must be done by fax, or if someone could, for example, request the absentee ballot in person, but vote by fax. MR. SWANSON responds a person does not have to do all steps in the process by fax, but could mix and match any of the steps. SENATOR ELLIS asks if there are other states that currently do what HB 49 proposes to do. Number 432 MR. ANDERSON replies seven other states allow some form of fax. HB 49 is modeled on the Montana law. They allow faxing for the complete process. He believes one other state allows faxing for the entire process also. He does not believe any other state other than Montana allows the faxing of the marked ballot itself. Number 436 SENATOR ELLIS remarks that there have been several high-profile election fraud cases in the country recently, and a number of those involved absentee ballots. SENATOR ELLIS asks if the bill was originally intended to address the needs of overseas military personnel. MR. ANDERSON says HB 49 was not drafted to address the particular needs of overseas military personnel. Representative Martin received some calls from Peace Corps volunteers and some other individuals, military included, but it was not designed primarily to answer the needs of military personnel. The intent was to implement the program in segments, starting first with people outside the United States. But Representative Brown had the foresight to suggest opening it up to everyone outside their own district. SENATOR ELLIS agrees that everyone should have equal access to voting by fax, rather than just overseas Peace Corps volunteers and military personnel. He asks if Representative Martin agrees that the program should be open to everyone. MR. ANDERSON confirms that Representative Martin agrees 100% that the program be available to everyone who might need to utilize it. Representative Martin assumed it might be too difficult to implement on a large scale, but was happy to change the bill. Number 456 CHAIRMAN LEMAN asks if there is further committee discussion. Hearing none, he announces HB 49 will be held in order to work on it. He expects the committee will move the bill on Monday.
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