03/28/1995 03:35 PM Senate STA

 SSTA - 3/28/95                                                                
                                                                               
             HB  42 ABSENTEE VOTING & USE OF FAX                             
                                                                               
 SENATOR SHARP brings up HB 42 as the next order of business before            
 the Senate State Affairs Committee and calls the first witness.               
                                                                               
 Number 177                                                                    
                                                                               
 TOM ANDERSON, Aide to Representative Martin, informs the committee            
 that HB 42 is very similar to HB 49 from the previous legislature.            
 The bill allows for the electronic transmission of absentee                   
 ballots.  There are some very minor differences between the two               
 bills: some cost saving measures for the Division of Elections, and           
 an extension of the secrecy waiver statement.  Mr. Anderson states            
 the major concern with the bill in the past has been the waiver of            
 secrecy.  Legislative Legal Services and the Attorney General's               
 Office have both written letters of support for HB 49, stating that           
 the right and ability to vote is a more significant concern than              
 the right to vote in secret.  Mr. Anderson states the subject has             
 had support from disabled groups, the military, and AFN, among                
 others.                                                                       
                                                                               
 Number 115                                                                    
                                                                               
 RUPE ANDREWS, League of Women Voters in Alaska, states the league             
 does not specifically support or oppose HB 42.  However, the league           
 agrees with the overall intent to improve the efficiency of voting.           
 Mr. Andrews states the two concerns he has with the bill are: the             
 constitutionality of the bill in regards to the potential for                 
 coercion and secrecy, and the implementation of the bill.  He sees            
 equipment failure, lack of equipment, and 24 hour monitoring by               
 staff as potential problems in implementation.                                
                                                                               
 Number 090                                                                    
                                                                               
 SENATOR LEMAN asks how electronic transmission could enhance the              
 opportunity for coercion any more than current standard absentee              
 ballots could.  He doesn't know how electronic transmission changes           
 that.                                                                         
                                                                               
 MR. ANDREWS is not sure either, but thinks that somewhere along the           
 transmission line, there could be a problem with coercion.  He also           
 questions whether the press could obtain copies of ballots cast in            
 this manner under the freedom of information act, since a secrecy             
 waiver will be signed by the voter giving up the right to secrecy.            
                                                                               
 SENATOR LEMAN thinks it would be a stretch to consider these type             
 of ballots information available to the public.  It would certainly           
 not be his intent that these ballots be considered public                     
 information.                                                                  
                                                                               
 MR. ANDERSON adds that has never been a point of contention.                  
                                                                               
 GAYE VAUGHAN, Clerk, Kenai Peninsula Borough, states she is                   
 testifying as clerk, and not on behalf of the assembly.  She states           
 the Kenai Peninsula Borough did adopt a variation of HB 42 over a             
 year ago for municipal elections.  Many people took advantage of              
 the program.  However, the program did not allow the fax of the               
 voted ballot.  Ms. Vaughan supports HB 42, and sees it as an                  
 assistance in increasing voter turnout.                                       
                                                                               
 Number 027                                                                    
                                                                               
 SENATOR RANDY PHILLIPS states he has a natural fear of cheating,              
 and asks Ms. Vaughan if there has been any attempted fraud relating           
 to faxing ballots.                                                            
                                                                               
 MS. VAUGHAN responds this is Alaska, this isn't Chicago.  She                 
 states she has been a municipal clerk for almost 18 years.  She has           
 caught people who have voted twice: people who didn't understand              
 that you can't go to every polling place, or that you can't vote              
 two weeks ahead of time and the day of the election.  Ms. Vaughan             
 does not see fraud as a problem at this time.  She supports HB 42.            
                                                                               
 TAPE 95-14, SIDE A                                                            
                                                                               
 CHAIRMAN SHARP comments he had several complaints regarding                   
 absentee ballots during the last election.  The complaints were               
 that people had applied for absentee ballots, but never received              
 them.  HB 42 would help solve that problem.                                   
                                                                               
 Number 024                                                                    
                                                                               
 MS. VAUGHAN adds that a lot of people think the elections are                 
 always held in November, which isn't the case; so absentee voting             
 by fax really helps in municipal elections, because all of a sudden           
 someone gets a reminder that there is an election coming up, and              
 can apply for a ballot with shorter notice.                                   
                                                                               
 Number 040                                                                    
                                                                               
 DAVE KOIVUNIEMI, Acting Director, Division of Elections, states the           
 division is taking a neutral stance on HB 42.                                 
                                                                               
 CHAIRMAN SHARP thinks the biggest thing is to be able to receive an           
 absentee ballot from the division by fax.  If an individual doesn't           
 want to lose the secrecy, then they can always mail the ballot back           
 to the division.  It doesn't need to be faxed both ways.                      
                                                                               
 SENATOR RANDY PHILLIPS asks Mr. Koivuniemi what the concerns of the           
 division are regarding HB 42.                                                 
                                                                               
 Number 061                                                                    
                                                                               
 MR. KOIVUNIEMI replies the biggest concerns are technical, and                
 relate to implementation.  How often will the division have to try            
 to fax the ballot, if transmission keeps failing?  His personal               
 opinion is that the state has some of the most liberal absentee               
 methods of voting in the country.  But it is mainly questions                 
 regarding implementation, rather than any philosophical problem.              
 The division already accepts applications for absentee ballots by             
 fax.                                                                          
                                                                               
 Number 095                                                                    
                                                                               
 SENATOR LEMAN makes a motion to discharge HB 42 from the Senate               
 State Affairs Committee with individual recommendations.                      
                                                                               
 CHAIRMAN SHARP, hearing no objection, orders HB 42 released from              
 committee with individual recommendations.