03/04/1994 01:36 PM House FIN

  HOUSE BILL NO. 49                                                            
                                                                               
       "An   Act   relating  to   facsimile   absentee  ballot                 
       application and facsimile absentee voting."                             
                                                                               
  On 2/15/94, HB 49 was assigned  to a subcommittee consisting                 
  of Representative Parnell as Chair and Representatives Brown                 
  and Martin.                                                                  
                                                                               
  Representative Parnell  provided  members  with  a  proposed                 
  committee  substitute, work  draft 8-LS0359\I,  dated 3/3/94                 
  (copy on file).   He also provided members with  a sectional                 
  analysis of changes incorporated by the committee substitute                 
  (copy  on file).     He  discussed the  changes made  by the                 
  committee  substitute.     He  noted   that  the   committee                 
  substitute would  apply a phased  in approach  to allow  all                 
  absentee voters to vote  by fax.  He noted that the Division                 
  of Elections would  be unable to implement the provisions by                 
  the next primary  election.  Under the  committee substitute                 
  ballots  could  not  be  cast  by  fax  during  the  primary                 
  election.  Absentee  ballots could  be requested during  the                 
  primary election.   Ballots  could be  cast  in the  general                 
  election if the voter was residing outside of the state.  In                 
  two years all absentee voters would be  able to vote by fax.                 
                                                                               
                                                                               
  Representative  Parnell  stressed   that  the   Subcommittee                 
  presumed that voters utilizing a facsimile machine to submit                 
  their ballot would  waive their  confidentiality.  A  waiver                 
  provision would be added to the ballot.                                      
                                                                               
  Representative Parnell MOVED to ADOPT work draft 8-LS0359\I,                 
  dated 3/3/94.  There being NO OBJECTION, it was so ordered.                  
                                                                               
  Representative  Brown expressed  concern that  the phase  in                 
  approach does  not  allow  all citizens  to  have  the  same                 
  opportunity to vote.                                                         
                                                                               
  (Tape Change, HFC 94-48, Side 2)                                             
                                                                               
  Representative Brown felt that the the  committee substitute                 
  improved the legislation.                                                    
                                                                               
                                9                                              
                                                                               
                                                                               
  Co-Chair Larson asked if the  originals of the faxed ballots                 
  would be mailed.  Representative  Brown clarified that faxed                 
  ballots would be in leu of a written ballot.  She noted that                 
  ballots would have  to arrive  before or on  the day of  the                 
  election.  She observed that the legislation would allow the                 
  possibility of data transfers.                                               
                                                                               
  Representative  Brown  expressed concern  that possibilities                 
  for fraud exist.   She  acknowledged that opportunities  for                 
  ballot fraud exist in the current written ballot system.                     
                                                                               
  Representative Parnell asked if the phased in approach would                 
  change the Division of Elections' fiscal note.                               
                                                                               
  TERRY ELDER, DIVISION  OF ELECTIONS, OFFICE OF  THE GOVERNOR                 
  stated that the Division's fiscal note would not be changed.                 
                                                                               
                                                                               
  Representative Navarre  stressed  that  procedures  must  be                 
  implemented  to  assure  that  transmittal of  faxed  ballot                 
  information  is  processed  correctly.    He  asked  if  the                 
  statement  of oath  is  the same  as  currently utilized  on                 
  absentee ballots.                                                            
                                                                               
  Mr. Elder noted  that current absentee ballots  require that                 
  the  ballot is witnessed by any two  persons over the age of                 
  18 or a individual authorized to give oaths.  A commissioned                 
  or non commissioned officer, notary  or an election official                 
  may also witness the ballot.                                                 
                                                                               
  In response  to a  question by  Representative Navarre,  Mr.                 
  Elder noted that the age requirement was not included in the                 
  committee substitute.                                                        
                                                                               
  Representative   Parnell  MOVED   to  insert   a  conceptual                 
  amendment  to  require  that  witnesses  be   United  States                 
  citizens "over the age of 18."  There being NO OBJECTION, it                 
  was so ordered.                                                              
                                                                               
  Representative Martin MOVED to  report CSHB 49 (FIN) out  of                 
  Committee  with  individual  recommendations  and  with  the                 
  accompanying fiscal note.  There being  NO OBJECTION, it was                 
  so ordered.                                                                  
                                                                               
  CSHB 49 (FIN) was reported out of Committee with a "do pass"                 
  recommendation and with  a fiscal impact note  by the Office                 
  of the Governor.