04/19/1994 05:40 PM Senate FIN

                                                                               
  CS FOR HOUSE BILL NO. 49(FIN) am                                             
                                                                               
       An  Act  relating  to absentee  voting,  to  electronic                 
       transmission  of  absentee   ballot  applications,   to                 
       delivery of  ballots to  absentee ballot  applicants by                 
                                                                               
                                                                               
       electronic transmission, and  enacting a definition  of                 
       the term  `state  election' for  purposes  of  absentee                 
       voting; and providing for an effective date.                            
                                                                               
  Co-chair Pearce directed  that CSHB 49(Fin)am be  brought on                 
  for discussion and referenced file materials.                                
                                                                               
  TOM  ANDERSON,   aide  to  Representative  Martin,  and  JOE                 
  SWANSON, Director of Elections, Office of the Governor, came                 
  before  committee.     Mr.   Anderson  explained   that  the                 
  legislation results from numerous constituent requests  from                 
  out-of-state  peace  corps  workers,   traveling  residents,                 
  disabled individuals, and  members of  the military who  are                 
  disenfranchised  by  postal service  in that  their election                 
  ballots  are  not timely.    The  conceptual intent  of  the                 
  original bill was  to allow everyone  to vote by  electronic                 
  transmission if a time crunch was involved.  There was heavy                 
  opposition  from  the   former  head  of  the   division  of                 
  elections.   The  bill  was then  limited  to  those  voting                 
  outside of the United States.  It has since reverted back to                 
  the original target to allow all individuals voting absentee                 
  to use electronic transmission if they desire.  The approach                 
  is  not   to  replace  the   mail  but  to   alleviate  time                 
  consumption.  The  legislation is supported by  the Division                 
  of Elections as well as the Alaska Federation of Natives and                 
  the Dept. of Defense Federal Voting Assistance Program.                      
                                                                               
  Under HB 49,  the individual desiring to  utilize electronic                 
  transmission or fax  could request,  receive, and return  an                 
  application by  fax.   Application  would  have to  be  made                 
  within four days of the election.  The voter may then return                 
  a marked ballot by fax.  The ballot must be accompanied by a                 
  signed waiver stating the voter  recognizes that an election                 
  official will be reviewing the ballot and recording it.  The                 
  absentee voter must also take an oath before a member of the                 
  armed  services or two U.S. citizens eighteen years or older                 
  or  an  individual  in  any  of  the fifty  states  who  can                 
  administer an oath.                                                          
                                                                               
  Senate State Affairs  amended the bill  to provide that  the                 
  voter receive faxed  confirmation of Division  of Election's                 
  receipt of the  ballot.   The proposed bill  does not  cover                 
  municipal   or   borough  elections,   REAA,   coastal  zone                 
  management board elections,  or local option elections.   It                 
  would not go into effect until the 1994 general election.                    
                                                                               
  Senator Rieger directed attention to page 3, lines 5, 6, and                 
  7 and asked for an explanation.  Mr. Anderson explained that                 
  an  individual  could not  register  to  vote by  fax.   Mr.                 
  Swanson noted that  the division currently allows  those who                 
  request an absentee ballot  by mail to register at  the same                 
  time.  The sentence in question prohibits that by fax.                       
                                                                               
  Senator Rieger  inquired regarding the potential  for fraud.                 
                                                                               
                                                                               
  Mr.  Anderson referenced  House Judiciary  testimony  by the                 
  Dept. of Law indicating that the choice may be either voting                 
  electronically  with  the  understanding  that  an  election                 
  official will be  privy to  your ballot or  being unable  to                 
  timely vote at  all.   The number of  voters utilizing  this                 
  process is expected to be relatively small.                                  
                                                                               
  Senator Kelly pointed to language  within the bill requiring                 
  that the Division  of Elections adopt regulations  to ensure                 
  the integrity of the ballot box.                                             
                                                                               
  Responding to concerns relating to  potential for fraud, Mr.                 
  Swanson said that the proposed bill opens no new avenues for                 
  fraud that  do not already  exist through the  normal voting                 
  process.   Processing  of faxed  ballots will  be even  more                 
  stringent   than   current   absentee   ballots  which   are                 
  individually numbered  and traced.   The  individual's voter                 
  registration  will be  checked  and two  identifiers  (birth                 
  date, social security  number, voter identification  number)                 
  will have to  be provided for cross-check  before the ballot                 
  will be accepted.   The process is almost identical  to that                 
  for absentee balloting by mail.                                              
                                                                               
  Discussion  followed  regarding  ballot  secrecy  under  the                 
  proposed  process.    Mr. Swanson  explained  that  only one                 
  person  would  be privy  to the  ballot  to ensure  that fax                 
  transmission is readable.                                                    
                                                                               
  Senator Kerttula voiced skepticism concerning the  proposal.                 
                                                                               
                                                                               
  Co-chair Pearce called  for additional testimony.   None was                 
  forthcoming.      She   then   queried   members   regarding                 
  disposition.  Senator  Kelly MOVED  that SCS  CSHB 49  (STA)                 
  pass   from   committee  with   individual  recommendations.                 
  Senator Kerttula voiced  his OPPOSITION.  SCS CSHB  49 (STA)                 
  was REPORTED OUT of committee with  a $23.4 fiscal note from                 
  the Division of Elections, Office of the Governor.  Senators                 
  Kelly and Sharp signed the committee report with a "do pass"                 
  recommendation.   Co-chairs  Pearce  and  Frank and  Senator                 
  Rieger  signed "no recommendation."  Senator Kerttula signed                 
  "Do not pass."