Legislature(2005 - 2006)CAPITOL 106

04/20/2006 08:00 AM House STATE AFFAIRS


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08:05:52 AM Start
08:06:59 AM Overview || Division of Elections, Electronic Voting
09:33:02 AM Confirmation Hearing(s) || Alaska Public Offices Commission
09:44:40 AM Adjourn
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ Overview: TELECONFERENCED
Division of Elections, Electronic Voting
+ Confirmation Hearing: TELECONFERENCED
Alaska Public Offices Commission
+ Bills Previously Heard/Scheduled TELECONFERENCED
                    ALASKA STATE LEGISLATURE                                                                                  
             HOUSE STATE AFFAIRS STANDING COMMITTEE                                                                           
                         April 20, 2006                                                                                         
                           8:05 a.m.                                                                                            
                                                                                                                                
MEMBERS PRESENT                                                                                                               
                                                                                                                                
Representative Paul Seaton, Chair                                                                                               
Representative Carl Gatto, Vice Chair                                                                                           
Representative Jim Elkins                                                                                                       
Representative Bob Lynn                                                                                                         
Representative Jay Ramras                                                                                                       
Representative Berta Gardner                                                                                                    
Representative Max Gruenberg                                                                                                    
                                                                                                                                
MEMBERS ABSENT                                                                                                                
                                                                                                                                
All members present                                                                                                             
                                                                                                                                
COMMITTEE CALENDAR                                                                                                            
                                                                                                                                
OVERVIEW(S):  DIVISION OF ELECTIONS, ELECTRONIC VOTING                                                                          
                                                                                                                                
     - HEARD                                                                                                                    
                                                                                                                                
CONFIRMATION HEARING(S)                                                                                                         
                                                                                                                                
Alaska Public Offices Commission                                                                                              
                                                                                                                                
     Claire VanSciver Hall - Fairbanks                                                                                          
                                                                                                                                
     - CONFIRMATION(S) ADVANCED                                                                                                 
                                                                                                                                
PREVIOUS COMMITTEE ACTION                                                                                                     
                                                                                                                                
No previous action to record                                                                                                    
                                                                                                                                
WITNESS REGISTER                                                                                                              
                                                                                                                                
WHITNEY H. BREWSTER, Director                                                                                                   
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Presented an overview of the touch-screen                                                                  
voting machines.                                                                                                                
                                                                                                                                
SHELLY GROWDEN, Elections Supervisor                                                                                            
Central Region                                                                                                                  
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   Answered questions  during the  overview by                                                               
the Division of Elections.                                                                                                      
                                                                                                                                
ELLEN KELLY, HAVA Systems Manager                                                                                               
Division of Elections                                                                                                           
Office of the Lieutenant Governor                                                                                               
Juneau, Alaska                                                                                                                  
POSITION STATEMENT:  Demonstrated  the voting machines during the                                                               
overview by the Division of Elections.                                                                                          
                                                                                                                                
CLAIRE VanSCIVER HALL, Appointee                                                                                                
to the Alaska Public Offices Commission (APOC)                                                                                  
Fairbanks, Alaska                                                                                                               
POSITION STATEMENT:   As appointee  to APOC,  provided background                                                               
and answered questions.                                                                                                         
                                                                                                                                
ACTION NARRATIVE                                                                                                              
                                                                                                                                
CHAIR  PAUL  SEATON  called  the  House  State  Affairs  Standing                                                             
Committee  meeting  to  order at  8:05:52  AM.    Representatives                                                             
Gatto, Elkins,  Gardner, and Seaton  were present at the  call to                                                               
order.   Representatives Lynn, Ramras,  and Gruenberg  arrived as                                                               
the meeting was in progress.                                                                                                    
                                                                                                                                
^OVERVIEW                                                                                                                     
^DIVISION OF ELECTIONS, ELECTRONIC VOTING                                                                                     
                                                                                                                                
8:06:59 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON announced  that the first order of  business was the                                                               
overview  by  the  Division  of  Elections  regarding  electronic                                                               
voting.                                                                                                                         
                                                                                                                                
8:07:00 AM                                                                                                                    
                                                                                                                                
WHITNEY H.  BREWSTER, Director, Division of  Elections, Office of                                                               
the  Lieutenant  Governor, presented  an  overview  of the  touch                                                               
screen  voting machines.    She said  the  division is  currently                                                               
developing its procedures  on how it will  begin implementing the                                                               
touch  screen voting  machines, and  she will  provide a  copy of                                                               
those provisions when they are completed.                                                                                       
                                                                                                                                
8:09:03 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER  offered  a  background  on  what  happens  before,                                                               
during, and  after election  day.   She noted  that the  State of                                                               
Alaska  has used  the Diebold  Global Election  Management System                                                               
and Accuvote  optical scan  machines to  collect and  tally votes                                                               
since 1998.   Five  recounts have taken  place during  that time,                                                               
which  she said  have  verified the  accuracy  of the  electronic                                                               
voting machines.   She said the Accuvote system is  used by local                                                               
jurisdictions, most recently by the Municipality of Anchorage.                                                                  
                                                                                                                                
MS. BREWSTER reviewed the basis of  the focus on the 2004 general                                                               
election results.   She said  there are two reports  generated on                                                               
election day:  the statement of  votes cast report, which shows a                                                               
breakdown of  the results,  and the  summary report,  which shows                                                               
the total  counts.  In response  to a request from  Chair Seaton,                                                               
she  said  she  would  provide  copies  of  the  reports  to  the                                                               
committee, and  she noted that they  can also be obtained  off of                                                               
the Division  of Election's web  site.  The reason  the statement                                                               
of  votes  cast report  total  is  different than  the  statewide                                                               
summary,  she  explained, is  that  it  totaled early  voters  by                                                               
region  for the  top four  races and  ballot measures  - in  each                                                               
district.  She offered an example.  She stated:                                                                                 
                                                                                                                                
     The  early voting  results are  only  reported once  in                                                                    
     this summary.  However, in  the statement of votes cast                                                                    
     report, the result for each  House district are skewed,                                                                    
     because that regional total is  listed in each of those                                                                    
     House districts.                                                                                                           
                                                                                                                                
MS.  BREWSTER said  the regional  numbers are  correct, but  they                                                               
are, throughout  the report, listed  in each House district  as a                                                               
regional result,  which makes the  report extremely  difficult to                                                               
read.  In  the 2004 election, she noted,  the division programmed                                                               
the early  voting memory cards  by region, and staff  was unaware                                                               
that creating  the memory  cards in  that fashion  would prohibit                                                               
the individual vote  totals for U.S. President,  U.S. Senate, and                                                               
state Senate  candidates, and ballot  measures to be  broken down                                                               
by individual House district.  She  said the vote totals for each                                                               
region  appear  on  each  individual   district's  report.    She                                                               
indicated that  the problem that  occurred was not a  software or                                                               
hardware problem, but was an oversight of the division.                                                                         
                                                                                                                                
8:15:19 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER,  in response  to Chair  Seaton, confirmed  that the                                                               
summary report is "the official vote."                                                                                          
                                                                                                                                
8:15:29 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER addressed  the issue of early voting.   She said the                                                               
old method  was to  have the  individual go  to the  early voting                                                               
site, vote the ballot, and place  it in an absentee voting ballot                                                               
envelop,  which  would  be  counted  after  the  polls  close  on                                                               
election day.  Using the new  method implemented in 2004, a voter                                                               
who was properly registered in  the correct House district and in                                                               
the correct  region to vote  early, would walk into  the regional                                                               
office, cast  a ballot,  and the  ballot would  be scanned  in at                                                               
that very  moment.   She indicated  that in  order to  allow that                                                               
instant  vote, "the  programming of  the memory  cards for  those                                                               
regional offices  ... combined the  early votes for  races higher                                                               
than a House  district."  In House district  16-32, she reported,                                                               
some of the  precincts show more than 100  percent voter turnout.                                                               
She  explained, "This  is  because  the State  of  Alaska held  a                                                               
special election  for the Municipality of  Anchorage concurrently                                                               
with  the general  election,  and ...  in  these districts  16-32                                                               
there were two ballots."  She offered further details.                                                                          
                                                                                                                                
8:18:11 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER   asked,  "So,  if  you   know  how  many                                                               
municipal ballots  were cast, you  could deduct that  number from                                                               
the total, and then it should be correct?"                                                                                      
                                                                                                                                
8:18:20 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER deferred the question to her election supervisor.                                                                  
                                                                                                                                
8:18:35 AM                                                                                                                    
                                                                                                                                
SHELLY  GROWDEN, Elections  Supervisor, Central  Region, Division                                                               
of  Elections,  Office  of  the  Lieutenant  Governor,  confirmed                                                               
Representative  Gardner's  supposition.     She  offered  further                                                               
details.    She  concluded,  "So,  you can  clearly  see  on  our                                                               
statement of  votes cast, the  total number of ballots  that went                                                               
through the Accuvote unit for  those districts that included both                                                               
the state ballot and the municipal ballot."                                                                                     
                                                                                                                                
8:20:31 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  asked,  "Then  if   you  subtract  the  number  of                                                               
municipal ballots  that were cast from  the total, you do  end up                                                               
with the  number of  ballots that were  cast for  statewide race.                                                               
Is that correct?"                                                                                                               
                                                                                                                                
8:20:52 AM                                                                                                                    
                                                                                                                                
MS. GROWDEN confirmed that's correct.                                                                                           
                                                                                                                                
8:21:06 AM                                                                                                                    
                                                                                                                                
MS.  GROWDEN,  in  response to  a  question  from  Representative                                                               
Gatto, said  municipal and state ballots  are tracked separately.                                                               
She offered further details.                                                                                                    
                                                                                                                                
8:22:12 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER,  in response to  questions from Chair  Seaton, said                                                               
the  information and  explanations appear  on the  division's web                                                               
site.  She  confirmed that the problems  associated with regional                                                               
elections  have been  solved.   She  emphasized that  all of  the                                                               
ballots from  the 2004  general election  were counted  again for                                                               
the U.S.  Senate race,  and that  recount confirmed  the original                                                               
election  results  reported and  certified  by  the state  review                                                               
board.   She relayed  that the  division is  looking for  ways to                                                               
improve  reporting, and  it will  be reaching  out to  interested                                                               
political  groups, parties,  and  individuals to  explain how  to                                                               
read the  reports.   She added,  "Because if  you can't  read the                                                               
reports, what's the point of  having them available to the public                                                               
to look  at?"  In response  to a question from  Chair Seaton, she                                                               
confirmed  that   early  voting  will  be   handled  within  each                                                               
individual  House district,  and she  said  there will  not be  a                                                               
repeat of what happened in 2004.                                                                                                
                                                                                                                                
8:25:18 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GATTO  said  Ms. Brewster's  statement  that  the                                                               
recount  vote  in   2004  resulted  in  an   unchanged  count  is                                                               
believable.    However,  after mentioning  the  comparison  of  a                                                               
visual count  to that of the  optical scanner used back  then, he                                                               
asked  if the  vote count  was merely  unchanged or  was actually                                                               
"exactly correct."                                                                                                              
                                                                                                                                
8:25:57 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER replied that there was  a change of 0.3 percent, due                                                               
primarily  to the  requirement of  the  division to  count, in  a                                                               
recount,  those  absentee, by-mail  ballots  that  come in  after                                                               
election day.                                                                                                                   
                                                                                                                                
8:26:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN asked  how the  0.3 percent  translates into                                                               
actual votes.                                                                                                                   
                                                                                                                                
8:27:10 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER deferred the question to Ms. Growden.                                                                              
                                                                                                                                
8:27:25 AM                                                                                                                    
                                                                                                                                
MS.  GROWDEN confirmed  Ms. Brewster's  statements regarding  the                                                               
0.3  percent difference  between  the  actual certified  election                                                               
results and the certified recount results.   She said that is not                                                               
an  unusual difference.   She  stated that  another reason  votes                                                               
change  is because  people  sometimes  do not  fill  in the  oval                                                               
completely on  the ballot, and  the division's policy is  that if                                                               
for  any reason  a mark  cannot be  detected, a  determination is                                                               
made whether or not the voter's intent was clear.                                                                               
                                                                                                                                
8:29:44 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  LYNN  asked  again   how  many  votes  equal  0.3                                                               
percent.                                                                                                                        
                                                                                                                                
8:29:50 AM                                                                                                                    
                                                                                                                                
MS. GROWDEN said  she doesn't remember, but the  number is posted                                                               
on the division's web site.                                                                                                     
                                                                                                                                
8:30:49 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  said the media  has mistakenly reported  that touch                                                               
screens  were somehow  involved  in the  recount  issue, but  she                                                               
stated for the record that  touch screens were not used anywhere,                                                               
statewide, in the 2004 general election.                                                                                        
                                                                                                                                
8:31:08 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  confirmed, "I think  the legislature had  said that                                                               
until you  have the paper  backup, you couldn't use  the machines                                                               
that ... you had in your possession."                                                                                           
                                                                                                                                
8:31:13 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER reported  that the  Help America  Vote Act  of 2002                                                               
(HAVA)  requires that  in each  polling place  there be  a voting                                                               
unit  accessible to  the visually  impaired and  disabled voters.                                                               
She said House  Bill 320, which passed out of  the legislature in                                                               
2002,  directed the  division to  provide balloting  equipment to                                                               
the visually  impaired and  disabled voters,  so that  they would                                                               
have an  opportunity to vote  an independent ballot.   House Bill                                                               
459,  which passed  in  2004,  required the  voting  units to  be                                                               
capable  of providing  a paper  record that  can be  reviewed and                                                               
corrected at the time the voter  casts his/her ballot, as well as                                                               
required  that the  paper  receipt be  available  for a  recount.                                                               
Another  bill,  HB  94,  [which  passed  in  2005],  directs  the                                                               
Division of Elections to do a  hand count in one precinct in each                                                               
of the  40 House  districts before certifying  an election.   She                                                               
added,  "That will  be  new this  year."   Although  it does  not                                                               
relate  directly to  electronic voting,  [HB 94]  allows for  one                                                               
additional check by  the division.  Furthermore, she  said, HB 94                                                               
also  allows for  the director  to  approve a  voting system  and                                                               
software that is certified by the federal election commission.                                                                  
                                                                                                                                
MS.  BREWSTER explained  that  the touch  screen  units that  the                                                               
state   has  purchased   were  chosen   because  they   meet  the                                                               
requirements of  HAVA, as  well as state  law.   Furthermore, the                                                               
units  have been  certified, with  all their  components, by  the                                                               
federal  election   commission.    She  explained   that  federal                                                               
certification  means that  that system  meets certain  functional                                                               
requirements,    performance    characteristics,    documentation                                                               
requirements,  and  test  evaluation   criteria.    Ms.  Brewster                                                               
related  that the  touch  screen units  are  compatible with  the                                                               
division's current system,  which has also been  certified by the                                                               
Federal Election Commission.                                                                                                    
                                                                                                                                
MS. BREWSTER stated  that although the touch  screen machines are                                                               
provided for the  visually impaired and disabled  voter, no voter                                                               
will be  turned away  who requests  to use  them.   She announced                                                               
that the  Division of Elections  will hold  demonstrations across                                                               
the state for the blind and  disabled community, so that they can                                                               
become familiar  with the machines.   The division will  use this                                                               
opportunity to  listen to feedback,  particularly with  regard to                                                               
how the  division can train its  poll workers to best  assist the                                                               
disabled  community to  use the  machines.   She said  there will                                                               
also  be a  poster by  the touch  screen unit,  with instructions                                                               
listed on it.                                                                                                                   
                                                                                                                                
8:35:28 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER  said the  state  has  purchased 505  touch  screen                                                               
units.   She emphasized that  the machines will not  be replacing                                                               
Alaska's  current system  of  voting; the  optical  scan and  the                                                               
paper  ballot  "in those  hand  count  precincts" will  still  be                                                               
available.   As per  state law,  there will  be one  touch screen                                                               
unit  in each  of Alaska's  439 polling  places, she  said.   The                                                               
units were  purchased, using HAVA  funds.  Each unit  alone costs                                                               
$3,150.   Each unit is  equipped with a  printer, to allow  for a                                                               
paper trail,  and that component  adds an additional $350  to the                                                               
unit.                                                                                                                           
                                                                                                                                
8:36:28 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  outlined the process  of security and  testing done                                                               
before an election.   She stated that the process  is designed in                                                               
such a  way that no  single group or  person can tamper  with the                                                               
results  or the  system.   The state  of Alaska  uses an  instate                                                               
printer to  produce the ballots,  rather than using  the Accuvote                                                               
software vendor.   A printout  of each voter's selection  will be                                                               
made  available  to him/her  for  review.    At that  point,  she                                                               
explained, the voter can either  accept the ballot, reject it and                                                               
vote again, or reject it  and choose another option available for                                                               
voting in the polling place.                                                                                                    
                                                                                                                                
MS.  BREWSTER  relayed that  each  touch  screen machine  uses  a                                                               
memory  card, which  is  programmed by  a  Division of  Elections                                                               
employee.  At no time during  the programming of the memory cards                                                               
is the unit connected to the Internet  or "land" - it is a stand-                                                               
alone  computer that  programs the  cards,  she said.   Once  the                                                               
cards  are programmed,  they  are tested  by  a bipartisan  state                                                               
review  board.   The  test  results  are  printed from  both  the                                                               
optical  scan and  touch  screen machines,  and  compared to  the                                                               
actual test  ballots for the  optical scan and the  paper ballots                                                               
produced by the touch screen  machines.  The tested and certified                                                               
memory  cards   are  then  sent   to  the   appropriate  regional                                                               
supervisors,  where  a separate  test  is  done by  a  bipartisan                                                               
regional Accuvote review board to  certify that the results match                                                               
those results certified by the state review board.                                                                              
                                                                                                                                
MS. BREWSTER  said each optical  scan and touch screen  unit also                                                               
undergoes a functionality test within  the regional offices.  She                                                               
said the  board seals the memory  card into the unit  and records                                                               
the  seal and  serial number  of the  units, at  which point  the                                                               
units  are ready  to be  sent to  the polling  place.   The final                                                               
test, she stated, is completed  on election day by the bipartisan                                                               
election  board, who  prints out  a "zero  totals report"  on the                                                               
unit to  ensure that no  ballots or results have  been registered                                                               
on the machine.  Those zero  totals reports are then secured into                                                               
the unit, she concluded.                                                                                                        
                                                                                                                                
8:41:34 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  asked for  volunteers to come  test the  two voting                                                               
machines.                                                                                                                       
                                                                                                                                
8:43:07 AM                                                                                                                    
                                                                                                                                
ELLEN KELLY, HAVA Systems Manager,  Division of Elections, Office                                                               
of  the Lieutenant  Governor, demonstrated  the voting  machines,                                                               
using committee member volunteers.                                                                                              
                                                                                                                                
[The  entire committee  approached  the two  voting machines  and                                                               
were coached through  the voting process by Ms.  Kelly.  Although                                                               
no one was  near the microphones, the recording  was not stopped.                                                               
At  the end  of  the demonstration,  the  committee members  took                                                               
their seats.]                                                                                                                   
                                                                                                                                
8:50:48 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER,  in response  to  a  question from  Representative                                                               
Gardner,  reiterated that  there  will be  one  machine in  every                                                               
polling  place, including  the smaller  precincts,  and she  said                                                               
concerns about  keeping the ballot  secret when there are  only a                                                               
handful of voters using the touch  screen machine is a valid one.                                                               
She stated that the division  will encourage its poll workers "to                                                               
vote that  machine so that there  are more votes and  more voters                                                               
using  the  machine."    She  stated  that  there  will  also  be                                                               
observers allowed  in the polling  place and,  if at any  time it                                                               
appears that someone  is tracking how the machine  is being used,                                                               
those observers can watch for that.  She continued:                                                                             
                                                                                                                                
     There's no place that the  division assigns a number or                                                                    
     designates  a  ballot  to a  voter  during  the  voting                                                                    
     process.    There is  no  number  associated with  that                                                                    
     paper ballot printed on the machine.                                                                                       
                                                                                                                                
8:53:11 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON noted  that poll  watchers see  how many  people go                                                               
into a voting booth, and in  what sequence.  He indicated that if                                                               
there is  "a challenge" and  "that tape is reviewed  by political                                                               
parties  and   by  everyone  else   who's  reviewing   that  vote                                                               
sequence," that  could be  problematic.   Therefore, he  said, he                                                               
has asked  the division to  have the poll  workers intermittently                                                               
go into  the enclosed polling  booth, "so that people  won't know                                                               
who voted when."  He stated the  reason for this is "just so that                                                               
we get away from any appearance  from someone being able to know,                                                               
'Okay,  you voted  number  three,  and now  I  can  tell how  you                                                               
voted,' if there's a manual recount."                                                                                           
                                                                                                                                
8:54:47 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GATTO  said when  he used  the machine  during the                                                               
demonstration time, he was looking for  a way to cheat, but could                                                               
not see a  way to do so  on the touch screen  machine.  Regarding                                                               
the  card  used,  he  asked  if  it  would  be  possible  for  an                                                               
information  technology (IT)  genius to  get the  information off                                                               
the card, leave  the booth, make 500 cards, and  hand them off to                                                               
a friend who would go in  and vote 300 times in different polling                                                               
places.  He indicated that he  wants the division to consider any                                                               
weakest link that may exist.                                                                                                    
                                                                                                                                
8:56:17 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  explained  that Representative  Gatto  is  talking                                                               
about an "encoder  that reactivates the key."  He  asked if it is                                                               
possible for somebody to buy that encoder on the Internet.                                                                      
                                                                                                                                
8:56:28 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  said an encoder  could be purchased from  a vendor;                                                               
however, the encoder that the  division uses is programmed by the                                                               
division  with  specific  information.     She  continued,  "That                                                               
individual  would have  to  have access  to  our global  election                                                               
management computer.  That is in a secured room, locked up."                                                                    
                                                                                                                                
8:58:00 AM                                                                                                                    
                                                                                                                                
MS.   BREWSTER,  in   response   to   Chair  Seaton's   restating                                                               
Representative   Gatto's   aforementioned  scenario,   said   the                                                               
division  will  research  the  issue in  order  to  address  that                                                               
concern.                                                                                                                        
                                                                                                                                
8:58:19 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked if it  would be possible for someone                                                               
to watch a poll  worker to find out how the  card is renewed, and                                                               
then "run around and go to all the precincts and vote again."                                                                   
                                                                                                                                
8:58:36 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER  explained that  the  decoder  will  be worn  on  a                                                               
lanyard  around the  poll worker's  neck,  and it  would be  very                                                               
difficult for someone to take it.                                                                                               
                                                                                                                                
8:59:09 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  asked what kind  of backup plan  is in place  if an                                                               
encoder "dies."                                                                                                                 
                                                                                                                                
8:59:26 AM                                                                                                                    
                                                                                                                                
MS. KELLY  said the card has  to be programmed with  the encoder.                                                               
She offered her  understanding that some of  the larger precincts                                                               
will have two encoders - one as  a backup.  She said the encoders                                                               
are very  reliable, because the  batteries last for  seven years.                                                               
In response  to a  remark by  Chair Seaton,  she agreed  that the                                                               
backup  is the  current voting  system, so  there is  no risk  of                                                               
people not being able to vote.                                                                                                  
                                                                                                                                
9:00:21 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON asked  if the  division  starts with  new rolls  of                                                               
paper  backup  ballots each  time  so  that  the process  is  not                                                               
delayed by a poll worker having to reload the paper.                                                                            
                                                                                                                                
9:00:40 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER said  the  spool of  paper  holds 140-180  ballots,                                                               
depending on the length of ballot  and how many are rejected.  If                                                               
the machine  is popular and  a number of  people want to  use it,                                                               
the paper would  need to be replaced.  She  said, "It will remain                                                               
in the  security canister and will  be sealed and protected  as a                                                               
paper  ballot will  be."   In response  to a  question raised  by                                                               
Representative  David Guttenberg  when he  came by  previously to                                                               
view the  voting machines, Ms.  Brewster said there is  a warning                                                               
screen on  the machine that will  not allow voting when  there is                                                               
an  insufficient amount  of paper  left, until  the canister  has                                                               
been replaced.                                                                                                                  
                                                                                                                                
9:02:21 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER reviewed the steps  taken once the polls are closed.                                                               
She said  the election board prints  a results report on  each of                                                               
the machines  before transmitting  the results  electronically or                                                               
calling them in to the  appropriate division regional office.  In                                                               
response  to Chair  Seaton, she  explained that  two reports  are                                                               
run:  one  that remains with the tape, [and]  the other [that] is                                                               
placed  with the  memory card  after the  election, sealed  in an                                                               
envelope, and  sent to the state  review board.  The  reports are                                                               
sent  prior  to  the  machine's being  connected  to  upload  the                                                               
results, so  that when the  comparison is  done by the  board, it                                                               
can  look  at  what  the  machine  was  recording  and  what  was                                                               
uploaded, to  ensure those  results match.   As  a result  of the                                                               
passage of HB 94, the board  will also be conducting a hand count                                                               
of  one  randomly selected  precinct  in  each  of the  40  House                                                               
districts.   That precinct  must comprise at  least 5  percent of                                                               
the  total ballots  cast  in  its House  district.   She  offered                                                               
examples.   If results  of a hand  count are off  by more  than 1                                                               
percent, the entire House district's votes will be hand counted.                                                                
                                                                                                                                
9:06:55 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER said HB 94  mentions results, and she clarified that                                                               
means both totals, as well as  individual races.  She opined that                                                               
this is the best way to  address any concerns about vote counting                                                               
as intended.                                                                                                                    
                                                                                                                                
9:08:25 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  stated that  compared to the  0.3 percent                                                               
difference in  a statewide  race, a  1 percent  discrepancy would                                                               
indicate a serious problem.                                                                                                     
                                                                                                                                
9:08:57 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER said  she would like Ms. Growden to  respond to that                                                               
observation.   In response to  a question from Chair  Seaton, she                                                               
listed  some  of the  numbers  related  to  voting in  his  House                                                               
district.                                                                                                                       
                                                                                                                                
9:10:00 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON figured  that  in the  smallest  [precinct] in  his                                                               
district, 1  percent would  equal 2 votes,  while in  the largest                                                               
[precinct], 1 percent would equal a difference of 10 votes.                                                                     
                                                                                                                                
MS. BREWSTER confirmed that's correct.                                                                                          
                                                                                                                                
9:10:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER opined,  "The  tolerances  ... should  be                                                               
very small, given that everything  is automated and not generally                                                               
touched by people.  So, it should be either right or not right."                                                                
                                                                                                                                
9:10:56 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER  responded,  "This  was the  standard  set  by  the                                                               
legislature."                                                                                                                   
                                                                                                                                
9:11:09 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON said he wants to  committee to think about what kind                                                               
of criteria to develop regarding the standard of rejection.                                                                     
                                                                                                                                
9:12:15 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER noted, "We're not  just looking at total votes cast,                                                               
... we're  looking at each individual  race, as well."   She said                                                               
she thinks that was the legislature's intent in passing HB 94.                                                                  
                                                                                                                                
9:13:32 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER, in conclusion of  the overview, said once the state                                                               
review  board   is  confident  that  the   results  reported  are                                                               
accurate, it will certify the election.                                                                                         
                                                                                                                                
9:14:08 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER noted  that  there  have been  challenges                                                               
regarding the Diebold voting system.   She asked what the process                                                               
was in choosing Diebold for the State of Alaska.                                                                                
                                                                                                                                
9:14:33 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  replied that a  request for proposal  (RFP) process                                                               
was used.   One of the  requirements was that the  company had to                                                               
be bonded.   She  noted that  some of  the problems  other states                                                               
have experienced are due to  the procedures those states have set                                                               
up to  test and  program the machines,  which are  different than                                                               
the procedures the State of Alaska use.                                                                                         
                                                                                                                                
9:16:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  asked what  the primary difference  is in                                                               
Alaska's procedure.                                                                                                             
                                                                                                                                
9:16:25 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  said the division  does its  own coding.   She said                                                               
she doesn't  know if  other states  "allow for  the vendor  to do                                                               
their programming."                                                                                                             
                                                                                                                                
9:16:35 AM                                                                                                                    
                                                                                                                                
MS. GROWDEN proffered:                                                                                                          
                                                                                                                                
     There  are some  jurisdictions  that  ... have  vendors                                                                    
     program their elections.  The  same vendor prints their                                                                    
     ballot,  ... troubleshoot[s]  their  election ...,  and                                                                    
     help[s]  with testing  of those  cards.   ... That  has                                                                    
     been an  issue through ... different  security measures                                                                    
     that  the  election   assistance  commission  has  been                                                                    
     looking in  best practices.   Because when you  put all                                                                    
     your eggs  in one  basket like that,  that jurisdiction                                                                    
     then  really gives  up control  of security  over their                                                                    
     elections.  We  have never, in Alaska,  allowed that to                                                                    
     happen with  our election programming.   It  always had                                                                    
     division  staff with  bi-partisan  review boards  doing                                                                    
     the  testing,   and  a   different  vendor   doing  the                                                                    
     printing.                                                                                                                  
                                                                                                                                
9:18:03 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER,  in  response  to  questions  from  Chair  Seaton,                                                               
confirmed that if a  card has been sent out to  a precinct and is                                                               
found to have a  problem, it has to be sent back  to Juneau to be                                                               
reprogrammed.  The  precincts outside of Juneau do  not even have                                                               
the equipment to reprogram cards.                                                                                               
                                                                                                                                
9:18:30 AM                                                                                                                    
                                                                                                                                
MS. GROWDEN  stated that one of  the reasons the state  chose the                                                               
Diebold  system is  that it  had  already invested  in a  ballot-                                                               
counting system for the state,  for which procedures and security                                                               
measures had already been established,  and which had been proven                                                               
to  accurately count  ballots in  Alaska.   When  looking at  the                                                               
purchase of touch  screen voting equipment, to  comply with HAVA,                                                               
one of the  requirements was that the system purchased  had to be                                                               
compatible  with  the existing  software  in  current use.    The                                                               
reason,  she explained,  was that  the division  did not  want to                                                               
have two  different ballot tabulation  systems in the  state that                                                               
did not "talk to each other,"  and where staff would have to take                                                               
both  sets  of  results  and  merge them  together  in  a  manual                                                               
process.   She stated that  there is  not any other  vendor whose                                                               
software  is  compatible  with  the  global  election  management                                                               
system (GEMS) software [produced by Diebold].                                                                                   
                                                                                                                                
9:20:11 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  clarified that  the software  used for  the state's                                                               
Accuvote  system  is  made  by   Diebold,  which  is  why  it  is                                                               
compatible with Diebold's touch screen machine.                                                                                 
                                                                                                                                
9:21:00 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER  observed that Diebold already  "had a leg                                                               
up" in compatibility.                                                                                                           
                                                                                                                                
9:21:16 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  said she was  not involved  in the RFP  process, so                                                               
she would get back to Representative Gardner with a response.                                                                   
                                                                                                                                
9:22:54 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER,  in response  to  a  question from  Representative                                                               
Gruenberg,  reiterated that  the  security  procedures in  Alaska                                                               
will not  allow for  some of  the things  that have  happened [in                                                               
other states].                                                                                                                  
                                                                                                                                
9:23:46 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER  mentioned  $2  million  in  the  federal                                                               
budget.   She  asked if  that  money has  been spent,  if it  was                                                               
adequate  to  meet  the  needs  of the  division,  and  what  the                                                               
projected costs are.                                                                                                            
                                                                                                                                
9:23:59 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER said  the division  has  approximately $16  million                                                               
HAVA funds  in an interest-yielding  account.   Additionally, the                                                               
division  is looking  at other  ways to  improve elections.   For                                                               
example,  the  division has  opened  two  satellite offices  that                                                               
function as  regional offices to  better serve voters  in rapidly                                                               
growing areas.   She  reported that the  division has  also moved                                                               
the  absentee office  from the  director's office  and made  it a                                                               
stand-alone office  in Anchorage, which should  improve the speed                                                               
at which people  receive their absentee ballots and  the speed at                                                               
which  the division  can  process  them.   She  said  the use  of                                                               
absentee ballots is a popular method of voting.                                                                                 
                                                                                                                                
9:25:35 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER,   in  response  to   a  follow-up   question  from                                                               
Representative Gardner, confirmed that  the division has adequate                                                               
funds  for  training and  any  necessary  staff increases.    She                                                               
offered further details.                                                                                                        
                                                                                                                                
9:26:12 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said the  voters of  Anchorage recently                                                               
turned  down   some  school   bonds,  and,   as  a   result,  the                                                               
Municipality of  Anchorage held  a special  election at  the same                                                               
time and place as the general  election.  He indicated that there                                                               
was a cost to the municipality.   He asked Ms. Brewster if she is                                                               
aware of ways to keep costs down in the future.                                                                                 
                                                                                                                                
9:26:57 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER responded  that the  state  actually conducted  the                                                               
special  election  for the  municipality  in  2004; however,  the                                                               
Municipality  did reimburse  the state  for the  cost of  holding                                                               
that special  election.  She  stated, "We  will try to  work with                                                               
municipalities  as much  as possible  to  try to  assist them  in                                                               
their elections, and  if there are ways to cut  down on costs, by                                                               
doing what the Division of  Elections did in 2004, the lieutenant                                                               
governor  has advised  us that  we should  continue to  work with                                                               
municipalities  in  that  way."    In  response  to  a  follow-up                                                               
question  from Representative  Gruenberg, she  said the  division                                                               
has the ability  to do that currently, thus, she  is not aware of                                                               
any legislative changes necessary in this regard.                                                                               
                                                                                                                                
9:28:04 AM                                                                                                                    
                                                                                                                                
CHAIR   SEATON  stated   his  appreciation   of  the   division's                                                               
willingness to work with the municipalities.                                                                                    
                                                                                                                                
9:28:14 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GARDNER asked if there  is any method of notifying                                                               
voters who  vote outside of their  own district that they  do not                                                               
have the full ballot for their district.                                                                                        
                                                                                                                                
9:29:08 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER indicated  that there is some place to  go where the                                                               
ballots for all 40 House districts  are available.  She said that                                                               
information  is  advertised on  the  Division  of Elections'  web                                                               
site, as well as in the newspaper.                                                                                              
                                                                                                                                
9:29:34 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GARDNER said  she thinks  a lot  of people  don't                                                               
understand that  if they don't  vote in their own  district, "the                                                               
vote that they make in  their out-of-district area for candidates                                                               
that  are  local there  won't  count,  and  they don't  have  the                                                               
opportunity to vote for their own."                                                                                             
                                                                                                                                
9:30:10 AM                                                                                                                    
                                                                                                                                
MS. BREWSTER  said it is  printed on a voter's  registration card                                                               
where  he/she is  to vote.    She welcomed  suggestions from  the                                                               
committee regarding how to better  communicate with the public as                                                               
to where they are supposed to or can vote.                                                                                      
                                                                                                                                
CHAIR SEATON  encouraged all committee members  to speak directly                                                               
with  the  division  with  any  suggestions  or  questions.    He                                                               
announced that the touch screen machines  would be set up until 2                                                               
p.m. today for anyone to try.                                                                                                   
                                                                                                                                
9:32:13 AM                                                                                                                    
                                                                                                                                
MS.  BREWSTER,  in response  to  a  question from  Representative                                                               
Gardner, said the  division has made presentations  for the blind                                                               
and  disabled  community  and  will  be  offering  demonstrations                                                               
statewide, beginning  in June, specifically so  that the targeted                                                               
users of the machines can try them out and offer their feedback.                                                                
                                                                                                                                
^CONFIRMATION HEARING(S)                                                                                                      
^Alaska Public Offices Commission                                                                                             
                                                                                                                                
9:33:02 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  announced that the  last order of business  was the                                                               
confirmation hearing for the Alaska Public Offices Commission.                                                                  
                                                                                                                                
9:33:28 AM                                                                                                                    
                                                                                                                                
CLAIRE  VanSCIVER HALL,  Appointee to  the Alaska  Public Offices                                                               
Commission  (APOC), offered  her  background  for the  committee,                                                               
relaying that formerly she was a  teacher, and currently she is a                                                               
paralegal and office manager of  her husband's law practice.  She                                                               
stated she  is interested in  APOC because it plays  an important                                                               
role  in government  oversight -  a role  in which  she said  she                                                               
would like to participate.                                                                                                      
                                                                                                                                
9:34:51 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  RAMRAS  stated  that  Ms.  VanSciver  Hall  shows                                                               
integrity and openness and is the  most fair and decent person in                                                               
Fairbanks.                                                                                                                      
                                                                                                                                
9:37:21 AM                                                                                                                    
                                                                                                                                
MS.   VanSCIVER   HALL,   in   response  to   a   question   from                                                               
Representative   Gruenberg,  offered   some  details   about  her                                                               
husband's law practice.                                                                                                         
                                                                                                                                
9:38:06 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE GRUENBERG  said he  thinks it is  a great  idea to                                                               
get  people  who are  involved  in  family  law into  the  public                                                               
process.                                                                                                                        
                                                                                                                                
9:38:23 AM                                                                                                                    
                                                                                                                                
MS.   VanSCIVER  HALL,   in  response   to  a   remark  made   by                                                               
Representative Gruenberg, confirmed that  APOC is comprised of an                                                               
even number of  Republicans and Democrats, and  although she will                                                               
be filling a Republican seat, she will be fair to both parties.                                                                 
                                                                                                                                
REPRESENTATIVE  GRUENBERG said  the  folks involved  in APOC  are                                                               
overworked and  underpaid, and  he expressed  his support  of the                                                               
commission.                                                                                                                     
                                                                                                                                
9:39:48 AM                                                                                                                    
                                                                                                                                
CHAIR SEATON  stated that APOC  is a commission important  to the                                                               
public, because  it verifies that  the legislature  is fulfilling                                                               
ethical and reporting  standards.  He stated that he  is happy to                                                               
hear the  personal recommendations  from people in  Fairbanks who                                                               
know Ms. VanSciver Hall.                                                                                                        
                                                                                                                                
9:40:21 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG moved  to advance  the confirmation  of                                                               
Claire  VanSciver Hall  to the  joint  session of  the House  and                                                               
Senate.   There  being  no objection,  the  nomination of  Claire                                                               
VanSciver  Hall  to  the Alaska  Public  Offices  Commission  was                                                               
advanced.                                                                                                                       
                                                                                                                                
9:41:14 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON  announced that  an  executive  session would  take                                                               
place next week.   In response to a  question from Representative                                                               
Gardner,  he said  staff will  not  be allowed  at the  executive                                                               
session.                                                                                                                        
                                                                                                                                
9:42:37 AM                                                                                                                    
                                                                                                                                
REPRESENTATIVE  GRUENBERG  talked about  signing  confidentiality                                                               
forms, which would  show the gravity of the  situation and remind                                                               
those who sign it of the confidentiality.                                                                                       
                                                                                                                                
9:43:38 AM                                                                                                                    
                                                                                                                                
CHAIR  SEATON said  he  would check  with  Legislative Legal  and                                                               
Research Services  on that issue.   He said he would  like to let                                                               
those from the Department of  Homeland Security know ahead of the                                                               
executive  session   which  issues   the  committee   would  like                                                               
addressed.                                                                                                                      
                                                                                                                                
ADJOURNMENT                                                                                                                   
                                                                                                                                
There being no  further business before the  committee, the House                                                               
State  Affairs  Standing  Committee   meeting  was  adjourned  at                                                               
9:44:40 AM.                                                                                                                   

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