02/15/1994 03:15 PM House FIN

  HOUSE BILL NO. 49                                                            
                                                                               
       "An   Act  relating   to   facsimile  absentee   ballot                 
       application and facsimile absentee voting."                             
                                                                               
  TOM ANDERSON,  STAFF, REPRESENTATIVE  MARTIN explained  that                 
  the legislation  would allow  the Division  of Elections  to                 
  issue a facsimile  ballot to an individual  residing outside                 
                                                                               
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  of the state of  Alaska.  The voter would then  return their                 
  ballot by mail.   If the voter is residing out of the United                 
  States  they  could  receive  and  return  their  ballot  by                 
  facsimile.                                                                   
                                                                               
  Mr.   Anderson  noted  that  during  the  1988  presidential                 
  election,  200,000  military personnel,  who  tried  to vote                 
  absentee were  unable to do  so because they  didn't receive                 
  their  ballot on  time or  at all.   He observed  that seven                 
  states permit ballots by electronic  transmission.  He added                 
  that  140  individuals voted  by  facsimile during  the 1992                 
  election.                                                                    
                                                                               
  Mr. Anderson stressed that the intent of CSHB 49 (JUD) is to                 
  accommodate those absentee  voters who  may not be  afforded                 
  the same expeditious response that local voters receive, due                 
  to postal service limitations.                                               
                                                                               
  Mr. Anderson observed that a waiver of privacy would need to                 
  be signed by those voting via  facsimile.  He clarified that                 
  the legislation is not applicable to municipal elections.                    
                                                                               
  Members were provided with AMENDMENT 1  (copy on file).  Mr.                 
  Anderson stressed that  the amendment would assure  that the                 
  legislation does  not apply  to any  state-run election  for                 
  regional   educational   attendance  area   boards,  coastal                 
  resource service  area  boards  or  state-run  local  option                 
  elections.                                                                   
                                                                               
  In  response  to  a question  by  Representative  Brown, Mr.                 
  Anderson reiterated that a voter residing out of the  United                 
  States could receive  and return their ballot  by facsimile,                 
  while a voter residing out-of-state could only receive their                 
  ballot by facsimile.                                                         
                                                                               
  Representative Brown  asked for further clarification of the                 
  privacy provision.    Mr. Anderson  expounded  that  privacy                 
  waivers would be addressed through regulation.                               
                                                                               
  JOE SWANSON, DIRECTOR, DIVISION OF  ELECTIONS, OFFICE OF THE                 
  GOVERNOR testified in support of CSHB 49 (JUD).  He referred                 
  to the Division's fiscal  note.  He noted that  the Division                 
  has reevaluation the  need for  a temporary  position.   The                 
  Division has decided to resubmit their fiscal note minus the                 
  $7.7 thousand dollar request for a temporary position.                       
                                                                               
  Representative  Brown  expressed  concern that  voting    by                 
  facsimile be  protected  from  fraudulent  practices.    Mr.                 
  Swanson stressed that there is no  way that the Division can                 
  guarantee  that  a  vote will  not  be  seen  by the  person                 
  removing it from the facsimile machine.  He anticipated that                 
  the privacy waiver  would be sent  with the ballot.   He did                 
                                                                               
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  not  think  that   ballots  by   facsimile  would  be   more                 
  susceptible  to  fraud  than  other  voting processes.    He                 
  clarified that ballots are traced  by number until they  are                 
  placed in the ballot box.                                                    
                                                                               
  Representative Parnell tried to demonstrate that it would be                 
  possible to request and return  fraudulent absentee ballots.                 
  Mr. Swanson acknowledged that it  is impossible to guarantee                 
  that  there are no fraudulent absentee ballots.  He stressed                 
  that in-state fraud is more likely to occur.                                 
                                                                               
  Representative   Martin   pointed   out    that   electronic                 
  transmission                                                                 
  of absentee ballot  application has  previously taken  place                 
  through emergency regulations.                                               
                                                                               
  Representative    Brown     questioned    if     "electronic                 
  transmissions"  should   be  replaced  with   more  specific                 
  language.    Mr.  Anderson  observed  that the  House  State                 
  Affairs   Committee   changed  "facsimile"   to  "electronic                 
  transmission".     Mr.   Swanson   noted  that   "electronic                 
  transmission" would  allow the  Division to  respond to  new                 
  technology.                                                                  
                                                                               
  Co-Chair Larson  assigned CSHB  49 (JUD)  to a  subcommittee                 
  consisting  of   Representative   Parnell   as   Chair   and                 
  Representatives Brown and Martin.