03/15/2001 03:35 PM Senate STA

                                                                                                                              
         HB 109-ABSENTEE & QUESTIONED BALLOT CERTIFICATES                                                                   
                                                                                                                                
RYNNIEVA  MOSS,   legislative  aide   for  Representative   Coghill,                                                            
introduced HB 109 as the  result of an incident that occurred during                                                            
municipal elections  in Fairbanks. A resident from  outside the City                                                            
of North  Pole went  to the  city hall  to vote  a question  ballot.                                                            
Several weeks  later, he  received a letter  informing him  that his                                                            
ballot  hadn't  been  counted  because  the  election  official  had                                                            
neglected to sign the certification on the question ballot.                                                                     
                                                                                                                                
HB 109 is a  secure measure that does  nothing more than  protect an                                                            
individual's right to vote.  It addresses both absentee and question                                                            
ballots that are  voted at a poling station and it  says that errors                                                            
made by election  officials at the polling station  won't invalidate                                                            
the ballot.                                                                                                                     
                                                                                                                                
CHAIRMAN THERRIAULT  said initially, he wondered whether  this would                                                            
remove  the witnessing  requirement  on absentee  ballots but,  upon                                                            
closer inspection, he realized it would not.                                                                                    
                                                                                                                                
SENATOR  PHILLIPS   asked  for  clarification  on   the  issue  that                                                            
precipitated the legislation.                                                                                                   
                                                                                                                                
MS. MOSS said that this  legislation amends AS 15.20.207(b) to read:                                                            
"A questioned  ballot may not be counted if the voter  has failed to                                                            
properly execute  the certificate."  It removes the portion  stating                                                            
that a ballot  may not be  counted if an  official or the  witnesses                                                            
fails to sign  the ballot. This is  what happened in Fairbanks  when                                                            
an election  worker failed to sign  the question ballot.  No one can                                                            
say for  certain why the  ballot wasn't validated.  Last year  there                                                            
were just two  absentee, in person  ballots and one question  ballot                                                            
that were discarded  due to election official error  so this isn't a                                                            
common  occurrence.  However,  Representative  Coghill  feels  those                                                            
three individual's votes should have been counted.                                                                              
                                                                                                                                
SENATOR PHILLIPS  asked whether the voter knew immediately  that his                                                            
vote didn't count.                                                                                                              
                                                                                                                                
MS.  MOSS said  he  was notified  in  writing  two weeks  after  the                                                            
election and started calling legislative offices immediately.                                                                   
                                                                                                                                
CHAIRMAN THERRIAULT  said the individual  had contacted his  office.                                                            
                                                                                                                                
He asked Gail  Fenumiai to give the  Division of Election's  opinion                                                            
and give  her assurance that  there isn't  an opportunity for  voter                                                            
fraud with the passage of this legislation.                                                                                     
                                                                                                                                
GAIL FENUMIAI,  Election  Program  Specialist with  the Division  of                                                            
Elections,  said the division supports  the bill because  they don't                                                            
want to have to  reject a vote simply because the  election official                                                            
made a mistake.  Although there were only three votes  affected this                                                            
last  year, elections  have  been won  or lost  with  just one  vote                                                            
margins here in Alaska so one vote does make a difference.                                                                      
                                                                                                                                
There is significant  ballot accountability  at all polls;  a record                                                            
is kept  of the  number of  ballots received  at each  poll and  the                                                            
number used  throughout the day. A  ballot accountability  report is                                                            
filled out  before the polls close  to account for each ballot  that                                                            
was used.                                                                                                                       
                                                                                                                                
None   of  the   other  requirements   such   as   having  to   show                                                            
identification  before voting or having the voter  sign the envelope                                                            
have  changed, so  there are  still enough  checks  and balances  in                                                            
place that this legislation won't, in any way, promote fraud.                                                                   
                                                                                                                                
CHAIRMAN THERRIAULT  said there is a zero fiscal note  for the bill.                                                            
He asked  whether  there were  any questions  or  others wanting  to                                                            
testify. There were none.                                                                                                       
                                                                                                                                
There was no CS and no amendments.                                                                                              
                                                                                                                                
SENATOR PHILLIPS  moved HB 109 and  zero fiscal note from  committee                                                            
with individual recommendations. There were no objections.