04/09/2003 01:30 PM Senate JUD

                SB  24-SPECIAL ABSENTEE BALLOTS                                                                             
                                                                                                                                
CHAIR SEEKINS announced SB 24 to be up for consideration.                                                                       
                                                                                                                                
SENATOR LINCOLN, sponsor  of SB 24, said she  had another meeting                                                               
to attend,  but her chief  of staff, Sarah Boraio,  was available                                                               
to answer  questions. She explained  that this was  introduced in                                                               
the last session  and made it through the system,  but didn't get                                                               
passed.  She hopes  it will  make it  through this  time so  that                                                               
people in remote areas will have the opportunity to vote.                                                                       
                                                                                                                                
2:00 p.m.                                                                                                                     
                                                                                                                                
MS.  SARAH BORAIO,  staff to  Senator  Lincoln, said  that SB  24                                                               
offers voters  living in  a remote area  the opportunity  to vote                                                               
using  the 60-day  special advance  absentee  ballot. In  current                                                               
statute, only voters living, working  or traveling outside of the                                                               
United  States are  eligible for  that  special advance  absentee                                                               
ballot. However,  distance, terrain  and natural  conditions have                                                               
prevented voters in  remote areas from reaching  a community with                                                               
a polling  place or from  receiving by-mail ballots.  The current                                                               
absentee  ballot  is  mailed  out  14-15  days  in  advance.  The                                                               
Division  of  Elections  supports   the  bill  and  they  already                                                               
distribute  the  60-day  ballots  to those  out  of  state.  This                                                               
legislation would not impose  any administrative difficulties and                                                               
there is a zero fiscal note.                                                                                                    
                                                                                                                                
She  said there  were  some concerns  about  definitions and  she                                                               
wanted  to  clarify  that  Legislative Legal  said  the  way  the                                                               
Division  of  Elections  applies  their  current  regulations  in                                                               
determining  absentee voters  would  apply  in determining  those                                                               
eligible for  this special  advance absentee  ballot. One  of the                                                               
criteria the division uses to  identify absentee voters is if the                                                               
voter  resides in  a remote  area  in Alaska  or where  distance,                                                               
terrain  or other  natural conditions  deny the  voter reasonable                                                               
access  to  the  polling  place.  The  definition  of  remote  is                                                               
inherent in  the regulations and in  this bill; a remote  area is                                                               
one  where reasonable  access to  a  polling place  is denied  by                                                               
those criteria. A key phrase  is "reasonable access". Legislative                                                               
Legal found that in the past,  courts have interpreted that to be                                                               
a matter  of degree, which depends  on the specific facts  of the                                                               
case,  which   are  usually  determined   by  the   division  and                                                               
identified in their system.                                                                                                     
                                                                                                                                
SENATOR  OGAN  said  he  could  see 60  days  for  someone  on  a                                                               
sailboat, but  it seemed long for  someone in state and  asked if                                                               
there was any  place in state where mail wasn't  delivered for 14                                                               
days.                                                                                                                           
                                                                                                                                
MS. BORAIO said  right now there is an absentee  ballot that goes                                                               
out  15  days  in  advance   and  there  is  the  60-day  ballot.                                                               
Establishing a 30-day ballot might add more overhead.                                                                           
                                                                                                                                
MS. VIRGINIA BREEZE, Legislative  Liaison, Division of Elections,                                                               
agreed with  Ms. Boraio and  said that the division  supports the                                                               
bill.  They do  everything they  can  to make  it convenient  for                                                               
voters.  Those  in  remote  areas often  have  a  difficult  time                                                               
getting their ballots back in time.                                                                                             
                                                                                                                                
SENATOR  OGAN asked  if she  had statistics  on how  many ballots                                                               
they get back after the deadline  and since they now mail ballots                                                               
14 days in advance,  what is the longest it takes  to get mail in                                                               
a remote location in Alaska.                                                                                                    
                                                                                                                                
MS. BREEZE said she couldn't answer that.                                                                                       
                                                                                                                                
SENATOR  THERRIAULT said  he  knows that  some  mail systems  are                                                               
notoriously slow, but he didn't know if 60 days was necessary.                                                                  
                                                                                                                                
CHAIR  SEEKINS said  he knows  some  people that  live in  remote                                                               
areas and the election season  is difficult for them because they                                                               
have access only by air.  Some elections are scheduled when their                                                               
plane can't  be on floats and  can't be on wheels  either. Unless                                                               
there is  some undue  hardship on  the division,  he would  be as                                                               
lenient  as  he could  be  to  make  sure  that people  have  the                                                               
opportunity  to  participate  in  elections. He  didn't  want  to                                                               
create a special group, but he  also wouldn't want to do anything                                                               
that would preclude anyone from voting.                                                                                         
                                                                                                                                
He  said that  they  would bring  the bill  back  up under  bills                                                               
already  heard   and  provide  anyone  the   opportunity  to  ask                                                               
questions of the sponsor in the meantime.