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