HOUSE BILL NO. 49 "An Act relating to facsimile absentee ballot application and facsimile absentee voting." TOM ANDERSON, STAFF, REPRESENTATIVE MARTIN explained that the legislation would allow the Division of Elections to issue a facsimile ballot to an individual residing outside 2 of the state of Alaska. The voter would then return their ballot by mail. If the voter is residing out of the United States they could receive and return their ballot by facsimile. Mr. Anderson noted that during the 1988 presidential election, 200,000 military personnel, who tried to vote absentee were unable to do so because they didn't receive their ballot on time or at all. He observed that seven states permit ballots by electronic transmission. He added that 140 individuals voted by facsimile during the 1992 election. Mr. Anderson stressed that the intent of CSHB 49 (JUD) is to accommodate those absentee voters who may not be afforded the same expeditious response that local voters receive, due to postal service limitations. Mr. Anderson observed that a waiver of privacy would need to be signed by those voting via facsimile. He clarified that the legislation is not applicable to municipal elections. Members were provided with AMENDMENT 1 (copy on file). Mr. Anderson stressed that the amendment would assure that the legislation does not apply to any state-run election for regional educational attendance area boards, coastal resource service area boards or state-run local option elections. In response to a question by Representative Brown, Mr. Anderson reiterated that a voter residing out of the United States could receive and return their ballot by facsimile, while a voter residing out-of-state could only receive their ballot by facsimile. Representative Brown asked for further clarification of the privacy provision. Mr. Anderson expounded that privacy waivers would be addressed through regulation. JOE SWANSON, DIRECTOR, DIVISION OF ELECTIONS, OFFICE OF THE GOVERNOR testified in support of CSHB 49 (JUD). He referred to the Division's fiscal note. He noted that the Division has reevaluation the need for a temporary position. The Division has decided to resubmit their fiscal note minus the $7.7 thousand dollar request for a temporary position. Representative Brown expressed concern that voting by facsimile be protected from fraudulent practices. Mr. Swanson stressed that there is no way that the Division can guarantee that a vote will not be seen by the person removing it from the facsimile machine. He anticipated that the privacy waiver would be sent with the ballot. He did 3 not think that ballots by facsimile would be more susceptible to fraud than other voting processes. He clarified that ballots are traced by number until they are placed in the ballot box. Representative Parnell tried to demonstrate that it would be possible to request and return fraudulent absentee ballots. Mr. Swanson acknowledged that it is impossible to guarantee that there are no fraudulent absentee ballots. He stressed that in-state fraud is more likely to occur. Representative Martin pointed out that electronic transmission of absentee ballot application has previously taken place through emergency regulations. Representative Brown questioned if "electronic transmissions" should be replaced with more specific language. Mr. Anderson observed that the House State Affairs Committee changed "facsimile" to "electronic transmission". Mr. Swanson noted that "electronic transmission" would allow the Division to respond to new technology. Co-Chair Larson assigned CSHB 49 (JUD) to a subcommittee consisting of Representative Parnell as Chair and Representatives Brown and Martin.