03/09/2004 08:01 AM House STA

HB 459-PAPER TRAIL FOR ELECTRONIC VOTING MACHINE                                                                              
                                                                                                                                
Number 0575                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  announced that  the last  order of  business was                                                               
HOUSE BILL  NO. 459, "An  Act requiring an auditable  paper trail                                                               
for electronic  voting machines;  and providing for  an effective                                                               
date."                                                                                                                          
                                                                                                                                
Number 0598                                                                                                                     
                                                                                                                                
REPRESENTATIVE LES GARA, Alaska  State Legislature, testifying as                                                               
sponsor of HB 459, stated  that the proposed legislation provides                                                               
a very  easy solution to  a potentially significant problem.   In                                                               
the wake of the 2000 [presidential]  election, he noted, a lot of                                                               
debate  began  regarding  how  votes should  be  counted  in  the                                                               
future.   He  mentioned  unfair treatment  of handicapped  voters                                                               
because of  the voting machines  used [that were  not handicapped                                                               
accessible].   He  said  there  currently is  a  move across  the                                                               
country to  adopt digital  voting machines;  the State  of Alaska                                                               
has purchased, roughly, 55 of them.                                                                                             
                                                                                                                                
REPRESENTATIVE GARA  stated that  these machines opened  the door                                                               
to  potential fraud  and abuse.    He mentioned  there have  been                                                               
accidental  vote  counts  around the  country.    Notwithstanding                                                               
that, he expressed that the machines  will read the ballot to the                                                               
voter and they are voice activated.   Also, the voter can touch a                                                               
screen to  cast his/her  ballot.  Referring  back to  the problem                                                               
with  the  digital voting  machines,  he  explained that  because                                                               
there is no paper trail, the  person's vote is sent elsewhere and                                                               
is never seen again.                                                                                                            
                                                                                                                                
Number 0781                                                                                                                     
                                                                                                                                
CHAIR  WEYHRAUCH  offered  his  understanding  that  there  is  a                                                               
machine  called  "AccuVote,"  into  which a  voter  puts  his/her                                                               
"card."  That card is never seen again, he said.                                                                                
                                                                                                                                
REPRESENTATIVE  GARA explained  the  difference between  AccuVote                                                               
and "this next step of electronic voting" as follows:                                                                           
                                                                                                                                
     At  the end  of the  day, with  AccuVote, or  any other                                                                    
     voting  mechanism we've  used for  the last  200 years,                                                                    
     ... there's a piece of  paper that shows how you voted.                                                                    
     And if anybody  has any questions as to  whether or not                                                                    
     the vote count  was accurate, you can go  look at those                                                                    
     pieces of paper  and see what the actual  vote was, and                                                                    
     you can demand a recount.                                                                                                  
                                                                                                                                
REPRESENTATIVE   GARA  revealed   that   "this   next  level   of                                                               
technology" leaves  no paper trail; a  vote is cast and  there is                                                               
nothing left in the system to prove that vote.                                                                                  
                                                                                                                                
CHAIR WEYHRAUCH stated  that implicit in a bill like  [HB 459] is                                                               
a mistrust of the  system.  He opined that voting  is "one of the                                                               
most  important  and  sacred  things  we do  as  citizens."    He                                                               
expressed  that there  is a  trust  placed in  people who  handle                                                               
ballots and do recounts, for example.                                                                                           
                                                                                                                                
REPRESENTATIVE GARA said  that is true.  He  posited that, across                                                               
the  country,  voting  officials  have  done  an  admirable  job.                                                               
However, he  pointed out that if  there is ever a  question, "you                                                               
always  get to  go  back to  a  paper record  to  see how  people                                                               
voted."     Representative  Gara  stated  that   although  he  is                                                               
uncomfortable with "this  next level of technology,"  there is an                                                               
easy fix to it.                                                                                                                 
                                                                                                                                
REPRESENTATIVE GARA, returning to  the problem again, offered the                                                               
following example:  In Fairfax,  Virginia, a couple of candidates                                                               
in  a  school  board  election questioned  the  results  of  that                                                               
election  so much  that  they got  a court  to  require that  the                                                               
division  of  elections  analyze  what  happened  to  the  voting                                                               
machines.    It was  discovered  that  because of  a  programming                                                               
error, one  out of every one  hundred ballots "were given  to the                                                               
opposing candidate when they were  cast for the first candidate."                                                               
The only  reason that could  be proved,  he said, is  because the                                                               
software  glitch  was  discovered.     Representative  Gara  also                                                               
offered an example of a glitch that happened in California.                                                                     
                                                                                                                                
Number 0923                                                                                                                     
                                                                                                                                
REPRESENTATIVE BERKOWITZ noted  that Representative Sharon Cissna                                                               
once  lost an  election by  one  vote, and  he said  he wants  to                                                               
underscore the importance of having some way to recount votes.                                                                  
                                                                                                                                
Number 0998                                                                                                                     
                                                                                                                                
REPRESENTATIVE SEATON asked  how difficult it would  be to [find]                                                               
a paper  trail on the  machines that  have been purchased  by the                                                               
State of Alaska.                                                                                                                
                                                                                                                                
Number 1006                                                                                                                     
                                                                                                                                
LEONARD  JONES,  Elections  Special  Assistant,  Central  Office,                                                               
Division of Elections, Office of  the Lieutenant Governor, turned                                                               
to the fiscal  note provided by the division.   He indicated that                                                               
the  paper trail  is still  "in  research and  development."   He                                                               
mentioned an estimated cost of  $500-$1,000 per unit.  Currently,                                                               
he noted,  there are 441  precincts, and [the division]  plans to                                                               
purchase 441  touch-screen machines, totaling $441,000.   He said                                                               
there would  also be the  cost of  the special paper  the machine                                                               
takes,  which would  be  $1,800 [per  roll].   Approximately  two                                                               
rolls  per precinct  would be  needed.   The total  amount needed                                                               
from HAVA [Help America Vote Act] funds would be $442,000.                                                                      
                                                                                                                                
MR.  JONES,   in  response  to   a  question   by  Representative                                                               
Berkowitz, confirmed  that HAVA  funds [are]  federal funds.   In                                                               
response to  a question  from Chair  Weyhrauch, he  reported that                                                               
HAVA passed in October 2002.                                                                                                    
                                                                                                                                
Number 1060                                                                                                                     
                                                                                                                                
REPRESENTATIVE   BERKOWITZ   asked  what   the   administration's                                                               
position is on the bill.                                                                                                        
                                                                                                                                
MR.  JONES offered  his understanding  that  [the division]  will                                                               
follow  the direction  of the  legislature.   He added  that [the                                                               
division]  wants to  give the  touch-screens it  has purchased  a                                                               
chance.    He said  [the  division]  understands that  there  are                                                               
potentials for problems; however, it  is confident its staff will                                                               
try to  avoid those  glitches, should they  occur.   He indicated                                                               
that a  proposed pilot project  [which would incorporate  the new                                                               
equipment] may or may not take place in the upcoming elections.                                                                 
                                                                                                                                
Number 1135                                                                                                                     
                                                                                                                                
REPRESENTATIVE HOLM  said he is "wondering  how this specifically                                                               
works."   He pointed out that  a paper trail could  be abused, as                                                               
well.    Part of  the  abuse,  he  explained,  could be  how  the                                                               
database is  accessed.  He said,  "And so, I would  be curious as                                                               
to  how we  would have  a  protection that  voters' votes  aren't                                                               
passed on to  others through this type of a  scenario."  He asked                                                               
Mr.  Jones to  think about  that and  provide the  committee with                                                               
"some better information" [at the next hearing on HB 459].                                                                      
                                                                                                                                
Number 1215                                                                                                                     
                                                                                                                                
MR. JONES agreed to do so.                                                                                                      
                                                                                                                                
Number 1220                                                                                                                     
                                                                                                                                
CHAIR WEYHRAUCH  told Mr.  Jones that  he would  like information                                                               
from  the department  regarding hackers  and how  secure Alaska's                                                               
electronic voting system  is going to be.  He  said he also wants                                                               
to know if a paper trail will actually offer more protection.                                                                   
                                                                                                                                
[HB 459 was heard and held.]