HJUD - 02/08/95 CSHB 42 - ABSENTEE VOTING BY FAX Number 600 TOM ANDERSON, AIDE TO REPRESENTATIVE TERRY MARTIN, sponsor of CSHB 42, introduced the bill. He said the bill allows absentee voters who apply within four days of an election, to receive a ballot by fax, and vote, sending it back by fax (electronic transmission). Number 640 REPRESENTATIVE FINKELSTEIN felt the word "or" on page 2, line 16 ought to be "and". Everyone submitting an absentee ballot has to include their address, but the implication with the "or" is that if they send in the absentee ballot, they actually do not have to include the address, just whatever fax number they happen to be using that day. Number 654 REPRESENTATIVE GREEN read it to say you will give the address where you want the ballot sent. MR. ANDERSON thought the reason behind that was an individual may be traveling and not have an address. Number 675 DAVID KOIVUNIEMI, ACTING DIRECTOR, DIVISION OF ELECTIONS, OFFICE OF THE LIEUTENANT GOVERNOR, answered Representative Finkelstein's question about where in law we require the same information on the face of the ballot request and on the ballot jacket, that we do for a fax ballot. He said on an absentee ballot, they have to give the information, including a resident address and things like that. CHAIRMAN PORTER asked him to look at page 2, line 14. He said they are hoping this does not mean that if you vote by fax, you do not have to provide your address on the face of the ballot itself. We presume this means that if you want your absentee ballot mailed to you, you have to give the address to mail it to. If you want it faxed to you, you have to give the fax number in which to fax it to, and that is all that means; it does not change the requirements for providing information on the face of the absentee ballot. Number 725 MR. KOIVUNIEMI was not sure how they were going to do that yet. He presumed they would still require that they give a resident address in order to identify who they are, that they are qualified, and what portion of the ballot would be counted; based upon the address they gave us, and the district they registered at. REPRESENTATIVE FINKELSTEIN noted that it currently states on the absentee ballot that you must include your out of state address. Number 750 MR. KOIVUNIEMI said all this was saying is that if you do request your application by fax, that you also give them a fax number where it is supposed to be transmitted. That is the intent. Number 760 CHAIRMAN PORTER thought there was probably a lot of unnecessary language in the statute. If they ask for fax ballots, you are going to have to have a number to send it to. Number 800 REPRESENTATIVE BUNDE asked what district they would vote in. MR. ANDERSON said they would just vote in the district they last voted in, until they change their residence. REPRESENTATIVE VEZEY mentioned that you have to change your address 30 days before an election in order to vote in the new district. There was some concern about the lack of privacy in a faxed vote. TAPE 95-9, SIDE A Number 000 REPRESENTATIVE TOOHEY said that is a person's right to give up their privacy in how they voted. The ability to vote absentee outweighs the inconvenience of another person seeing your ballot. Number 075 REPRESENTATIVE BUNDE said the Pioneer Homes Advisory Board was concerned about those who had been declared legally incompetent, and therefore represented by others. Number 084 MR. ANDERSON did not know how to prevent someone from being fraudulent in that case. It is no different than someone voting absentee by mail. Number 130 REPRESENTATIVE FINKELSTEIN offered an amendment to delete the portion of the bill that would allow the actual ballot to be faxed back to the Division of Elections. There was objection and a roll call vote was taken. Representatives Davis, Bunde and Finkelstein voted yes. Representatives Toohey, Vezey, Green and Porter voted no. The motion failed four to three. Number 230 REPRESENTATIVE VEZEY made a motion to move the committee substitute for HB 42, with individual recommendations and fiscal notes attached. Hearing no objection, committee substitute for HB 42 passed out of committee. ADJOURNMENT The House Judiciary Committee adjourned at 3 p.m.