HSTA - 01/24/95 Number 693 HB 42 - ABSENTEE VOTING BY FAX REPRESENTATIVE MARTIN presented HB 42, regarding absentee voting by fax. He said it is important for Alaska to get up to date with the concept of encouraging more people and making it possible for them to vote in the process of elections. We have more people per capita in any given day and any given week, having to travel within the state, much less outside. We learned through the Gulf War how easy it would be for Alaska citizens to vote by fax. TAPE 95-2, SIDE A Number 000 REPRESENTATIVE MARTIN said they had to change the word even though it is called the "Fax Bill" and we are now talking about electronic media, because there are other ways of getting the message through to request information. So, the latest bill, over the last two years, has changed the word "fax" to use the word "electronic transmission." It will allow the division of elections to use whatever is modern and available. The whole purpose of this bill is to encourage more participation in the voting process. It is estimated that maybe 20 percent of the people decide to vote in the last week, because they had to leave their district. By faxing, they can request an absentee ballot. Number 110 REPRESENTATIVE PORTER commented that the amendment seems to eliminate on page 2, section C, "promptly after receiving absentee ballot that has been complete and returned under this section, the director shall acknowledge receipt of the completed ballot by electronic transmission to the voter." This would say the division does not have to notify the voter that his fax was received. He wondered if that was the intent. REPRESENTATIVE MARTIN said that it eliminates the voting. REPRESENTATIVE GREEN commented that it only eliminates the fact that it has been received. Basically, what the division needs, but he just hoped to open it up and use electronic means for voting. Number 135 DAVID KOIVUNIEMI, ACTING DIRECTOR OF ELECTIONS, stated first that they have taken a neutral stand on this bill. They are leaving it up to the legislature. Regarding Representative Porter's question regarding the request to remove the notification of a received fax, it was simply economic. He did not have a fiscal note, but he has been in contact with Representative Martin's office to determine the costs. What the fiscal note is will be dictated by what is included or excluded in this bill. The cost of faxing to Japan is $2.04; to Saudi Arabia, $3.66; to Germany, $1.04. If they receive an application by mail soon enough, they send a postcard to acknowledge receipt of an absentee application. In 1992, they sent 10,212 absentee ballots for the primary and 36,588 for the general election. If they sent them priority mail it would have come to $140,000. First class mail is $14,976. He said that priority mail, at the present rate, is ten times more and there isn't much better service. CHAIR JAMES said she received a number of complaints from her district about the length of time it took for them to get their ballots back. Mail may have been the problem. Faxes could be a solution. There was a problem about how to inform the voters if their ballot was counted. MR. KOIVUNIEMI said the Administration procedures will account for all ballots by number. CHAIR JAMES said to put the onus on the voter to mail the ballot after faxing. More people will be able to vote, so there will be an increase in postage. Number 311 REPRESENTATIVE GREEN asked how to safeguard against fraud. MR. KOIVUNIEMI said there is no method of guaranteeing anything, but the Administration will require voters to fill out a ballot and require information on the envelope, just like they do now. There will still be a witnessing requirement on a separate form. If there is a challenge, they can go back to check signatures and compare the registration and sworn statement. There are some things they cannot control. Mr. Koivuniemi said he would provide a fiscal note. Number 375 STAN RINGMAN, LEGISLATIVE AIDE, REPRESENTATIVE OGAN, wished to add a comment about mailing. He said that priority mail is a postal service marketing gimmick. What you are buying is two pounds of first class mail service. It receives no different handling than first Class mail service. You are only buying more than you need, generally, if you are under two pounds. It would be a good way to save the state some money. There would be no difference in service to the absentee voters. Number 399 MR. CHENOWETH, testified that this bill does not apply to municipal elections or to Rural Education Administrative Area (REAA) elections. This bill does not apply to things committed from this list. If there is a need for this kind of faxing in conjunction with those elections, it needs to be built into the bill. Special federal elections are not embraced in this bill either. Another thing, for the record, is based on a Montana rule. In judiciary the right of privacy came up. Article 5, Section 3 deals with right of secrecy, picked up from the Hawaii constitution. Language draws from there. Number 493 REPRESENTATIVE MARTIN said that during the Gulf War, the Department of Defense was also concerned about confidentiality. Since then the Supreme Court and U.S. Justice Department have ruled that the confidentiality should not be of concern when a person may be denied the right to vote. Number 520 CHAIR JAMES asked if anyone would be interested in submitting this amendment to this bill. REPRESENTATIVE ROBINSON moved to accept the amendment brought forward, which is: Page 2, lines 14 through 16, that we delete all materials. Second would be page 3, line 11, that we delete "priority mail" and insert "the most expeditious mail service." On page 3, line 15 through 16, delete the "most expeditious mail service" and insert "the." CHAIR JAMES asked if there was any objection. There being no objection, the amendment to HB 42 was passed. REPRESENTATIVE PORTER asked a question regarding Section III, page 2, about the days for receiving absentee ballots. If they are mailed they must be received seven days before; if they're faxed they must be received four days before. If they're mailed they must provide for the allowance of simultaneous registration. MR. KOIVUNIEMI said this bill does not tinker with the thirty-day registration requirement. Number 608 REPRESENTATIVE GREEN moved and asked unanimous consent that HB 42 move out of committee. There being no objection, the bill was moved. CHAIR JAMES said they will do a committee substitute.