04/22/1995 10:05 AM Senate JUD

              HB  42 ABSENTEE VOTING & USE OF FAX                             
                                                                              
 TOM ANDERSON, legislative aide to Representative Martin, sponsor of           
 HB 42, testified before the committee.  HB 42 is a reintroduction             
 of HB 49, which was introduced in 1992.  HB 42 has not changed                
 significantly through the committee process.  HB 42 attempts to               
 open up the constrained and sometimes disenfranchising electronic             
 absentee voting standards.  Many absentee voters have been unable             
 to vote due to problems with the mail system.  HB 42 allows people            
 to apply, receive and complete a ballot by electronic transmission,           
 either by fax or modem.  The fiscal costs are low, and include the            
 purchase of several fax machines and the costs of an operator.                
 ACCESS of Alaska supports the measure, as well as several senior              
 citizens, out-of-state students, and business persons travelling              
 abroad.  Jack Chenoweth of the Division of Legal Services, and John           
 Gaguine of the Department of Law have prepared legal opinions on              
 the measure.  Mr. Chenoweth's opinion compares other states'                  
 constitutional mandates and conflicts in states that currently                
 allow electronic ballot transmission.  Mr. Gaguine's opinion                  
 focussed on the right to privacy issue, and purports the minor                
 infringement of ballot secrecy would be outweighed by the bill's              
 affect in enfranchising voters.  The bill would not replace mail-in           
 ballots, it would add an alternative method.                                  
                                                                               
 Number 194                                                                    
                                                                               
 SENATOR ADAMS questioned the constitutionality of the measure and             
 asked for further clarification of Mr. Chenoweth's legal opinion.             
                                                                               
 MR. ANDERSON explained Mr. Chenoweth's opinion was that if a voter            
 fails to adhere to a deadline, the voluntary waiving of ballot                
 secrecy is justified in light of the importance of voting.                    
                                                                               
 Number 214                                                                    
                                                                               
 SENATOR MILLER clarified the voter who uses a fax machine knows the           
 ballot will be viewed by the operator receiving the fax, and is               
 therefore voluntarily waiving the right to privacy.                           
                                                                               
 Number 223                                                                    
                                                                               
 SENATOR ADAMS asked if the voter waives the legal ability to sue              
 the Division of Elections if a human error occurs, such as                    
 inaccurate reporting, or in the case of an electronic transmission            
 failure or phone line failure.                                                
                                                                               
 MR. ANDERSON believed that is unlikely to happen, but if it did he            
 assumed the voter would waive that right.                                     
                                                                               
 SENATOR ADAMS discussed the unreliability of fax and phone lines in           
 villages such as Anatuvuk Pass.                                               
                                                                               
 MR. ANDERSON believed most people would be able to vote in ample              
 time to prevent such problems.                                                
                                                                               
 Number 247                                                                    
                                                                               
 SENATOR GREEN asked about the participation level in states that              
 use electronic ballot transmission.  MR. GREEN replied                        
 participation is limited because most people mail their ballots in            
 ahead of time.                                                                
                                                                               
 SENATOR GREEN asked if this is an additional alternative for                  
 unforeseen last minute problems.  MR. ANDERSON replied                        
 affirmatively.  SENATOR GREEN asked for a description of electronic           
 transmission methods.  MR. ANDERSON responded that would include              
 the facsimile machine and computer modem.  The Division of                    
 Elections would have to develop a program to use the modem, and he            
 did not foresee that happening in time for the next election.                 
                                                                               
 Number 270                                                                    
                                                                               
 SENATOR TAYLOR asked who the Election Transition Team members are.            
 SENATOR ADAMS believed they would be the same people appointed by             
 Lt. Governor Ulmer.  SENATOR TAYLOR noted they expressed concern              
 about the constitutionality of the measure and technical                      
 implementation.                                                               
                                                                               
 SENATOR TAYLOR felt the committee should further review those                 
 concerns, and stated the bill would be rescheduled the following              
 week.  SENATOR ADAMS requested Mr. Gaguine reply to the committee's           
 concerns about the constitutionality of the measure.