Legislature(2001 - 2002)
02/07/2002 03:35 PM Senate STA
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* first hearing in first committee of referral
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+ teleconferenced
= bill was previously heard/scheduled
ALASKA STATE LEGISLATURE
SENATE STATE AFFAIRS COMMITTEE
February 7, 2002
3:35 p.m.
MEMBERS PRESENT
Senator Gene Therriault, Chair
Senator Ben Stevens
Senator Bettye Davis
MEMBERS ABSENT
Senator Randy Phillips, Vice Chair
Senator Rick Halford
COMMITTEE CALENDAR
SENATE BILL NO. 258
"An Act relating to the use of electronic ballots."
MOVED CSSB 258 OUT OF COMMITTEE
SENATE CONCURRENT RESOLUTION NO. 22
Relating to declaring March 2002 as Sobriety Awareness Month.
SCHEDULED BUT NOT HEARD
SENATE JOINT RESOLUTION NO. 31
Urging the United States Congress to permit the use of tax exempt
bonds to fund loans for veterans who served after 1976.
SCHEDULED BUT NOT HEARD
PREVIOUS COMMITTEE ACTION
No previous action to record
WITNESS REGISTER
Russ Kelly
Legislative Intern to Senator Leman
Alaska State Capitol room 516
Juneau, AK 99801-1182
POSITION STATEMENT: Introduced CSSB 258
Gail Fenumiai
Office of the Lieutenant Governor
Division of Elections
P.O. Box 110017
Juneau, AK 99811-0017
POSITION STATEMENT: Answered questions on SB 258
Jim Dickson
Washington D.C.
POSITION STATEMENT: Testified via teleconference in support of
SB 258
Tony Sirvello
Harris County Clerks Office
Harris County, Texas
POSITION STATEMENT: Testified via teleconference in support of SB
258
Sandy Sanderson
Palmer, AK
POSITION STATEMENT: Testified via teleconference in support of SB
258
June Haas
Haines, AK
POSITION STATEMENT: Testified via teleconference in support of SB
258
Daryll Nelson
No address given
POSITION STATEMENT: Testified via teleconference on SB 258
Lynne Koral
1102 W. International Airport Road
Anchorage, AK 99518
POSITION STATEMENT: Testified via teleconference in support of SB
258
Bill Craig
613 De Groff Street
Sitka, AK 99835
POSITION STATEMENT: Testified via teleconference in support of
SB 258
ACTION NARRATIVE
TAPE 02-6, SIDE A
CHAIRMAN GENE THERRIAULT called the Senate State Affairs
Committee meeting to order at 3:35 p.m. Present were Senators
Davis and Stevens and Chairman Therriault.
He announced the following update on bills previously heard.
SB 236 has a potential CS that separates 2003 fiscal
considerations from those for fiscal year 2002.
The Alaska Medical Association has yet to respond to the
privacy issues that were raised in SB 237.
Section 3 of SB 238 exempts orders from the Alaska
Administrative Procedures Act and research is ongoing to
determine whether that section is needed.
The Department of Law is working with the legislative legal
counsel to determine whether the new crime dealing with
terroristic threatening/pipeline damage should be in a
separate section or incorporated into criminal mischief
statutes.
He announced SB 258 would be the only item heard today.
SB 258-AUTHORIZING ELECTRONIC BALLOTS
CHAIRMAN THERRIAULT informed members of a proposed committee
substitute (CS). He called the spokesperson for the prime sponsor
forward to present the bill. He noted the zero fiscal note.
RUSS KELLY, legislative intern to Senator Leman, said he would
address his comments to the CS. He opened his testimony with a
quote from a New York Times article written by Jim Dickson that
said, "The fact that the nation's elections are not quite state
of the art may have come as a surprise to many Americans…"
Unfortunately, this comes as no surprise to those with
disabilities. It is the spirit and intent of the Frank Haas Act,
SB 258, to provide those with disabilities the opportunity to
cast a ballot with privacy and accuracy by the incorporating
electronic, paperless balloting equipment into the system.
There is no intent to force the Division of Elections to buy all
new equipment immediately; this would be a phase in process with
future voting equipment purchases made with wide accessibility in
mind. He asked that Gail Fenumiai follow his testimony to give
it more clarity. He also introduced the individuals that would
give supporting testimony on CSSB 258.
CHAIRMAN THERRIAULT asked for questions from committee members.
He asked the Division of Elections representative to come
forward.
GAIL FENUMIAI, Division of Elections, stated she had no prepared
comments but was available to answer questions on the technology
and how the division would implement the bill if passed.
CHAIRMAN THERRIAULT said his primary reason for asking her to
step forward was to have it on record that she has worked with
the prime sponsor on the committee substitute.
GAIL FENUMIAI said they have been working with Senator Leman's
office in the expansion of the bill to include a broader term of
disabilities rather than limiting it to just one specific type of
disability. The division is comfortable with the CS.
CHAIRMAN THERRIAULT asked who would be accommodated under current
wording.
MS. FENUMIAI replied the technology they recently reviewed
provides for a wide variety of disabilities. Although the
visually impaired and those using wheel chairs are accommodated
most frequently, the technology is evolving. For instance, people
that have no hand mobility are able to use a straw to "sip and
puff" their voting preferences.
SENATOR STEVENS asked how many people in Alaska would have the
opportunity to use the new technology.
MS. FENUMIAI said the division would implement the changes in
small stages. They have made a capital improvement project
request and if the money is made available, they are considering
implementing the new equipment into the regional absentee voting
stations in Juneau, Anchorage and Fairbanks. These stations would
accommodate voters from across the state voting district ballots
1 through 40.
CHAIRMAN THERRIAULT established that instead of a large fiscal
note, implementation would occur over time as new equipment is
purchased.
MS. FENUMIAI agreed.
CHAIRMAN THERRIAULT called for teleconferenced testimony.
JIM DICKSON testified from Washington D.C. in support of SB 258.
He works full time on voting issues related to individuals with
disabilities. Alaska is joining Maryland, Georgia, Texas and
Florida in recognizing the importance of this issue. He said he
has never been able to cast a secret ballot in Washington D.C.
and that right is precious and what makes this the greatest
country in the world.
TONY SERVILLO testified that Houston, Texas is at the forefront
for addressing disabled voter needs. Harris County has recently
purchased a direct recording electronic voting system called the
Hart InterCivic's Slate. It accommodates a range of disabilities
and was used successfully for the first time last November. This
system will be available for all voting precincts throughout the
county in the upcoming November 5 general election.
SENATOR STEVENS asked how many counties in Texas use this system.
MR. SERVILLO said it is confined to the larger counties at this
time.
SENATOR STEVENS then asked what percentage of the disabled
population would have this system available to them.
MR. SERVILLO acknowledged the validity of the question. They have
asked advocacy groups in Houston and Harris County to help get
the word out to blind voters in particular about the new system.
Part of their job is doing the outreach but they really don't
know how many people in Harris County would be able to use this
system because of their type of disability. Judging from the
increased number of calls inquiring about the system, the word is
spreading.
JUNE HAAS testified from Haines and said she was in Juneau
recently to testify on HB 320 relating to electronic ballots. She
explained SB 258, the Frank Haas Act, is a project her late
husband did not finish before he passed away. In the mid 1980's
he became legally blind due to diabetic retinopathy and as a
result became a vocal advocate for the blind. He thought it was
of paramount importance to be able to go into the voting booth to
vote his own ballot. Races can hinge on just one vote so it is
important that no one is discouraged from exercising that right.
JIM DICKSON said he could provide Senator Stevens with numbers of
blind and visually impaired individuals from the most recent U.S.
census figures for Alaska.
SENATOR STEVENS said he was curious about how many of the voters
that need to use this type of voting machine are using them. The
challenge is to get the word out that this equipment is
available. He also questioned the availability of funding to
launch such a campaign.
CHAIRMAN THERRIAULT asked that anyone with suggestions on how to
meet that challenge should step forward and be heard.
SANDY SANDERSON testified from Palmer and said they have worked
toward this legislation since 1995 and there are a number of good
reasons for its passage. He said the importance of a secret
ballot is significant, but it is also important to understand
that this is also for other disabilities. Individuals with
dyslexia, literacy difficulties and those who don't read or write
English would be helped. He has needed assistance to vote in
every election for the last 43 years. This equipment would allow
him to go into the voting booth and vote and know he is voting
the way he wants to vote.
CHAIRMAN THERRIAULT asked for comments regarding how to get word
to the disabled community about the availability of the new
machines and how they work.
MR. SANDERSON replied they have an organization of about 500
blind individuals in the state and they can help a lot to get
that information out.
DARYLL NELSON testified he is representing two positions. First
he is speaking as the community coordinator for Access Alaska and
they would like to go on record in support of the un-amended
bill. As a constituent of Senator Halford, he likes the amended
plan that talks about visually impaired as well as people with
other disabilities. He wanted members to think about secret,
independent and verifiable ballots that are counted correctly.
The original bill spoke about visually impaired and some people
would like other people that have multiple disabilities. He
commended the Senator and Russ Kelly for making it more clear.
LYNN KORAL, Alaska Independent Blind representative, thanked
everyone who has worked in support of the bill and said it has
broad range support. Before the CS, they had support from the
Kenai Independent Living Center, Southeast Alaska Independent
Living, State Independent Living Council, Committee on Employment
and Rehabilitation in addition to 14 Representatives and 8
Senators.
Although she has no problem with the CS and has always supported
the broadest disability access machine, she cautioned that
blindness is a low incidence disability that sometimes gets lost
in the shuffle. The genesis of the bill was when Frank Haas spoke
with Sandy Sanderson in 1994 about large print ballots. Although
she knew large print ballots wouldn't help her, she also knew it
was a way in the door. Blind people have been at the forefront of
almost every initiative that has eventually helped people with
disabilities.
She then quoted from an article of Jim Dickson's regarding a
report conducted during the November 2000 election. It found that
at least 84 percent of the polling places in America had at least
one barrier to persons using wheel chairs and no polling place
offered persons that are blind or visually impaired the
opportunity to cast a vote privately. She urged members to pass
the bill and said many disability groups have newsletters and
advocacy groups that would be of great help in getting the word
out regarding new equipment.
WILLIAM CRAIG, Alaska Independent Blind representative, testified
in support of SB 258. He said it would open up voting to the
blind and other disabilities as well. According to the Division
of Vocational Rehabilitation, there are about 12,500 blind people
in Alaska and as the population ages that number will increase.
There was no additional testimony.
CHAIRMAN THERRIAULT asked for a motion to adopt the \J version as
the working document.
SENATOR DAVIS moved the \J version as the working document.
There was no objection.
CHAIRMAN THERRIAULT called for amendments from committee members
and there were none.
He noted the zero fiscal note from the Office of the Governor
then asked for the will of the committee.
SENATOR DAVIS moved CSSB 258 and attached fiscal note from
committee with individual recommendations.
There being no objection, CSSB 258 moved from committee.
SJR 31-TAX EXEMPT BONDS TO FUND VETERANS LOANS
CHAIRMAN THERRIAULT announced Senator Phillips requested the
resolution be held until the following week.
SCR 22-SOBRIETY AWARENESS MONTH
CHAIRMAN THERRIAULT announced Senator Ward requested the
resolution be held until the following week.
CHAIRMAN THERRIAULT adjourned the meeting at 4:25 p.m.
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