04/29/1995 02:30 PM Senate JUD

              HB  42 ABSENTEE VOTING & USE OF FAX                             
                                                                              
 TOM ANDERSON, legislative aide to Representative Martin, stated the           
 bill was held in committee at the request of Senator Ellis to                 
 review the question of the potential for fraud.                               
                                                                               
 SENATOR TAYLOR asked if Senator Ellis had received the information            
 he requested.  MR. ANDERSON believed Senator Ellis' staff had                 
 discussed the matter with the Division of Election.  MR. ANDERSON             
 explained the Division of Elections has procedures and policies in            
 place designed to prevent fraud.                                              
                                                                               
 SENATOR TAYLOR noted he had a discussion with an individual who was           
 concerned that by allowing others to waive their right to ballot              
 privacy, his right to ballot privacy could also be eliminated.  He            
 illustrated his point by recounting the Roosevelt election results            
 from the town of Douglas.  All but two residents voted for                    
 Roosevelt, and other voters spent considerable time trying to                 
 influence the two voters to change their votes.  He noted Senator             
 Adams concern about the lack of privacy in small villages.                    
                                                                               
 Number 414                                                                    
                                                                               
 MR. ANDERSON explained the individual faxes the ballot; only one              
 person on the receiving end would see the ballot, therefore he did            
 not feel that concern was valid.                                              
                                                                               
 SENATOR GREEN asked Senator Taylor if he was assuming that fax                
 results would show up differently in the total.  SENATOR TAYLOR               
 thought that could happen in a very small, town such as Meyers                
 Chuck.                                                                        
                                                                               
 SENATOR MILLER commented the faxed ballots would be tallied with              
 the other ballots from the precinct, and not separately.                      
 MR. ANDERSON clarified a person voting by electronic transmission             
 must apply four days in advance.  He added eight states have this             
 function and there have been no problems.                                     
                                                                               
 SENATOR GREEN  moved CSHB 42 (STA)am with individual                          
 recommendations.  There being no objections, the motion carried.