CS FOR HOUSE BILL NO. 49(FIN) am An Act relating to absentee voting, to electronic transmission of absentee ballot applications, to delivery of ballots to absentee ballot applicants by electronic transmission, and enacting a definition of the term `state election' for purposes of absentee voting; and providing for an effective date. Co-chair Pearce directed that CSHB 49(Fin)am be brought on for discussion and referenced file materials. TOM ANDERSON, aide to Representative Martin, and JOE SWANSON, Director of Elections, Office of the Governor, came before committee. Mr. Anderson explained that the legislation results from numerous constituent requests from out-of-state peace corps workers, traveling residents, disabled individuals, and members of the military who are disenfranchised by postal service in that their election ballots are not timely. The conceptual intent of the original bill was to allow everyone to vote by electronic transmission if a time crunch was involved. There was heavy opposition from the former head of the division of elections. The bill was then limited to those voting outside of the United States. It has since reverted back to the original target to allow all individuals voting absentee to use electronic transmission if they desire. The approach is not to replace the mail but to alleviate time consumption. The legislation is supported by the Division of Elections as well as the Alaska Federation of Natives and the Dept. of Defense Federal Voting Assistance Program. Under HB 49, the individual desiring to utilize electronic transmission or fax could request, receive, and return an application by fax. Application would have to be made within four days of the election. The voter may then return a marked ballot by fax. The ballot must be accompanied by a signed waiver stating the voter recognizes that an election official will be reviewing the ballot and recording it. The absentee voter must also take an oath before a member of the armed services or two U.S. citizens eighteen years or older or an individual in any of the fifty states who can administer an oath. Senate State Affairs amended the bill to provide that the voter receive faxed confirmation of Division of Election's receipt of the ballot. The proposed bill does not cover municipal or borough elections, REAA, coastal zone management board elections, or local option elections. It would not go into effect until the 1994 general election. Senator Rieger directed attention to page 3, lines 5, 6, and 7 and asked for an explanation. Mr. Anderson explained that an individual could not register to vote by fax. Mr. Swanson noted that the division currently allows those who request an absentee ballot by mail to register at the same time. The sentence in question prohibits that by fax. Senator Rieger inquired regarding the potential for fraud. Mr. Anderson referenced House Judiciary testimony by the Dept. of Law indicating that the choice may be either voting electronically with the understanding that an election official will be privy to your ballot or being unable to timely vote at all. The number of voters utilizing this process is expected to be relatively small. Senator Kelly pointed to language within the bill requiring that the Division of Elections adopt regulations to ensure the integrity of the ballot box. Responding to concerns relating to potential for fraud, Mr. Swanson said that the proposed bill opens no new avenues for fraud that do not already exist through the normal voting process. Processing of faxed ballots will be even more stringent than current absentee ballots which are individually numbered and traced. The individual's voter registration will be checked and two identifiers (birth date, social security number, voter identification number) will have to be provided for cross-check before the ballot will be accepted. The process is almost identical to that for absentee balloting by mail. Discussion followed regarding ballot secrecy under the proposed process. Mr. Swanson explained that only one person would be privy to the ballot to ensure that fax transmission is readable. Senator Kerttula voiced skepticism concerning the proposal. Co-chair Pearce called for additional testimony. None was forthcoming. She then queried members regarding disposition. Senator Kelly MOVED that SCS CSHB 49 (STA) pass from committee with individual recommendations. Senator Kerttula voiced his OPPOSITION. SCS CSHB 49 (STA) was REPORTED OUT of committee with a $23.4 fiscal note from the Division of Elections, Office of the Governor. Senators Kelly and Sharp signed the committee report with a "do pass" recommendation. Co-chairs Pearce and Frank and Senator Rieger signed "no recommendation." Senator Kerttula signed "Do not pass."