01/24/1995 08:05 AM House STA

 HSTA - 01/24/95                                                               
 Number 693                                                                    
                                                                               
 HB 42 - ABSENTEE VOTING BY FAX                                              
                                                                               
 REPRESENTATIVE MARTIN presented HB 42, regarding absentee voting by           
 fax.  He said it is important for Alaska to get up to date with the           
 concept of encouraging more people and making it possible for them            
 to vote in the process of elections.  We have more people per                 
 capita in any given day and any given week, having to travel within           
 the state, much less outside.  We learned through the Gulf War how            
 easy it would be for Alaska citizens to vote by fax.                          
                                                                               
 TAPE 95-2, SIDE A                                                             
 Number 000                                                                    
                                                                               
 REPRESENTATIVE MARTIN said they had to change the word even though            
 it is called the "Fax Bill" and we are now talking about electronic           
 media, because there are other ways of getting the message through            
 to request information.  So, the latest bill, over the last two               
 years, has changed the word "fax" to use the word "electronic                 
 transmission."  It will allow the division of elections to use                
 whatever is modern and available.  The whole purpose of this bill             
 is to encourage more participation in the voting process.  It is              
 estimated that maybe 20 percent of the people decide to vote in the           
 last week, because they had to leave their district.  By faxing,              
 they can request an absentee ballot.                                          
                                                                               
 Number 110                                                                    
                                                                               
 REPRESENTATIVE PORTER commented that the amendment seems to                   
 eliminate on page 2, section C, "promptly after receiving absentee            
 ballot that has been complete and returned under this section, the            
 director shall acknowledge receipt of the completed ballot by                 
 electronic transmission to the voter."  This would say the division           
 does not have to notify the voter that his fax was received.  He              
 wondered if that was the intent.                                              
                                                                               
 REPRESENTATIVE MARTIN said that it eliminates the voting.                     
                                                                               
 REPRESENTATIVE GREEN commented that it only eliminates the fact               
 that it has been received.  Basically, what the division needs, but           
 he just hoped to open it up and use electronic means for voting.              
                                                                               
 Number 135                                                                    
                                                                               
 DAVID KOIVUNIEMI, ACTING DIRECTOR OF ELECTIONS, stated first that             
 they have taken a neutral stand on this bill.  They are leaving it            
 up to the legislature.  Regarding Representative Porter's question            
 regarding the request to remove the notification of a received fax,           
 it was simply economic.  He did not have a fiscal note, but he has            
 been in contact with Representative Martin's office to determine              
 the costs.  What the fiscal note is will be dictated by what is               
 included or excluded in this bill.  The cost of faxing to Japan is            
 $2.04; to Saudi Arabia, $3.66; to Germany, $1.04.  If they receive            
 an application by mail soon enough, they send a postcard to                   
 acknowledge receipt of an absentee application.  In 1992, they sent           
 10,212 absentee ballots for the primary and 36,588 for the general            
 election.  If they sent them priority mail it would have come to              
 $140,000.  First class mail is $14,976.  He said that priority                
 mail, at the present rate, is ten times more and there isn't much             
 better service.                                                               
                                                                               
 CHAIR JAMES said she received a number of complaints from her                 
 district about the length of time it took for them to get their               
 ballots back.  Mail may have been the problem.  Faxes could be a              
 solution.  There was a problem about how to inform the voters if              
 their ballot was counted.                                                     
                                                                               
 MR. KOIVUNIEMI said the Administration procedures will account for            
 all ballots by number.                                                        
                                                                               
 CHAIR JAMES said to put the onus on the voter to mail the ballot              
 after faxing.   More people will be able to vote, so there will be            
 an increase in postage.                                                       
                                                                               
 Number 311                                                                    
                                                                               
 REPRESENTATIVE GREEN asked how to safeguard against fraud.                    
                                                                               
 MR. KOIVUNIEMI said there is no method of guaranteeing anything,              
 but the Administration will require voters to fill out a ballot and           
 require information on the envelope, just like they do now.  There            
 will still be a witnessing requirement on a separate form.  If                
 there is a challenge, they can go back to check signatures and                
 compare the registration and sworn statement.  There are some                 
 things they cannot control.  Mr. Koivuniemi said he would provide             
 a fiscal note.                                                                
                                                                               
 Number 375                                                                    
                                                                               
 STAN RINGMAN, LEGISLATIVE AIDE, REPRESENTATIVE OGAN, wished to add            
 a comment about mailing.  He said that priority mail is a postal              
 service marketing gimmick.  What you are buying is two pounds of              
 first class mail service.  It receives no different handling than             
 first Class mail service.  You are only buying more than you need,            
 generally, if you are under two pounds.  It would be a good way to            
 save the state some money.  There would be no difference in service           
 to the absentee voters.                                                       
                                                                               
 Number 399                                                                    
                                                                               
 MR. CHENOWETH, testified that this bill does not apply to municipal           
 elections or to Rural Education Administrative Area (REAA)                    
 elections.  This bill does not apply to things committed from this            
 list.  If there is a need for this kind of faxing in conjunction              
 with those elections, it needs to be built into the bill.  Special            
 federal elections are not embraced in this bill either.  Another              
 thing, for the record, is based on a Montana rule.  In judiciary              
 the right of privacy came up.  Article 5, Section 3 deals with                
 right of secrecy, picked up from the Hawaii constitution.  Language           
 draws from there.                                                             
                                                                               
 Number 493                                                                    
                                                                               
 REPRESENTATIVE MARTIN said that during the Gulf War, the Department           
 of Defense was also concerned about confidentiality.  Since then              
 the Supreme Court and U.S. Justice Department have ruled that the             
 confidentiality should not be of concern when a person may be                 
 denied the right to vote.                                                     
                                                                               
 Number 520                                                                    
                                                                               
 CHAIR JAMES asked if anyone would be interested in submitting this            
 amendment to this bill.                                                       
                                                                               
 REPRESENTATIVE ROBINSON moved to accept the amendment brought                 
 forward, which is:  Page 2, lines 14 through 16, that we delete all           
 materials.  Second would be page 3, line 11, that we delete                   
 "priority mail" and insert "the most expeditious mail service."  On           
 page 3, line 15 through 16, delete the "most expeditious mail                 
 service" and insert "the."                                                    
                                                                               
 CHAIR JAMES asked if there was any objection.  There being no                 
 objection, the amendment to HB 42 was passed.                                 
                                                                               
 REPRESENTATIVE PORTER asked a question regarding Section III, page            
 2, about the days for receiving absentee ballots.  If they are                
 mailed they must be received seven days before; if they're faxed              
 they must be received four days before. If they're mailed they must           
 provide for the allowance of simultaneous registration.                       
                                                                               
 MR. KOIVUNIEMI said this bill does not tinker with the thirty-day             
 registration requirement.                                                     
                                                                               
 Number 608                                                                    
                                                                               
 REPRESENTATIVE GREEN moved and asked unanimous consent that HB 42             
 move out of committee.                                                        
                                                                               
 There being no objection, the bill was moved.  CHAIR JAMES said               
 they will do a committee substitute.