HOUSE BILL NO. 42 "An Act relating to absentee voting, to electronic transmission of absentee ballot applications, and 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." Testimony was given by Representative Terry Martin, sponsor of the bill. He stated the intent of his bill is to make use of modern technology in order to get people to vote. Alaska is the largest state in the union and has many travellers in a given day. Many of them may unexpectedly have to leave with the intent to vote on election day but at the last minute, due to some emergency some normal everyday unexpected things happen and one finds they want to vote. Approximately ten states participate in electronic voting. During the Gulf War Alaska accepted over 200 applications from Alascom personnel and military personnel. The U.S. Justice Department on behalf of the U.S. Defense Department upgraded the rules where military people could have access to voting by electronic means. Alascom, which are leaders in their field, helped work out the system nation-wide giving military people the right to vote. Before we were only talking about fax and now the Division of Elections wants other electronic means because it is all moving so fast with e-mail, cc mail and internet. It is so easy and so quick to get people the right to vote. Senator Phillips inquired as to how it would be enforced to keep people from cheating. Representative Martin indicated that it would now be more difficult for someone to cheat by electronic mail. They have to request to vote at least four days in advance; they have to be identified in the office before a ballot is even sent out to them. The Division of Election still worries about people walking into the local precincts who are not clearly identified all the time. There will be more screening on the individual now. Senator Phillips posed a hypothetical case for voting in April. Representative Martin said that this bill would allow a request to the city clerks' office for an absentee ballot within four days of the election. This can be done by mail, fax or e-mail. A ballot would be returned for where the individual is qualified for. It is all taken care of electronically. It began with fax but they did not want to limit it because now there are so many quicker ways; internet, e-mail, cc mail. Mr. Tom Anderson, aide to Representative Terry Martin, advised that one could use mail or electronic transmission at any stage as long as the seven-day rule for mail and the four-day rule for electronic transmission is abided by in terms of applying for the ballot. Senator Phillips asked if this could be done twice and Representative Terry Miller advised that this is very well scrutinized. All absentee ballots are kept in a separate area. There is always a cross reference. Absentees are checked out by voter registration number, precinct and district. They get only one vote. Senator Donley wanted to know how it was verified that the person who faxed or transmitted the vote in was the same person who was sent the absentee ballot. Representative Martin said that verification is first, by voter registration number. That is the same number that is sent out to you when you request the ballot. Second, that number is your code number to come back in. It could also be done by signature. The department if very conscientious. That is part of the reason for the fiscal note of $38,000 so an individual can be trained in electronic means and the method can be double-checked. There will be more scrutiny than walk-ins. Mr. Anderson stated the Division of Elections is still formulating at what level they will operate the electronically transmitted reception. There will be one person, hence the fiscal note, and they will be located in Juneau. They will adopt procedures that will allow transmission by fax only, by computer or a cc mail version. It will all be matched by code, voter ID and signature. Senator Donley asked about the two witnesses for absentee ballots and how would this work. Representative Martin advised that the same would still apply. Senator Zharoff stated that after faxing in ones tabulation the hard copy then could be mailed in. Representative Martin said that it could be done but at this time the most important thing is that the electronic ballot be in by election night. Mr. Anderson further advised that this is not a substitute for absentee voting nor is it a substitute for voting. Hopefully people could mail in a timely fashion however, there are numerous problems that could occur and this is merely an option. Diane Shriner, Division of Elections, was invited to join the committee. The Division does not stand in support or opposition to this bill. She explained that when the bill was first introduced electronic transmission was limited to fax. It was requested that the Department of Law clarify the term "electronic transmission". There is no problem requesting ballots by cc mail, electronic mail or other modern means, but the witnessing and certification of the ballot is important. It may not be possible at this point to provide that verification by cc mail. Co-chairman Halford asked if this was in regards to the actual voting and not in getting the ballot. Mrs. Shriner indicated that their understanding was that the vote would be made by fax machine. She also referred to the waiver of some secrecy but indicated they would still try to protect the voter. Senator Phillips related a hypothetical case. Mrs. Shriner advised that they would provide instructions on anything sent that could be returned by fax that the person should provide us with, information on how to reach them and the person should wait for and receive the notice of transmission. Senator Phillips asked what would happen in the case of a power outage. Mrs. Shriner said it could be checked with other states using this method and see how they were handling it. She will research the matter and provide a report back to the committee. Co-chairman Halford and Mrs. Shriner discussed regulatory authority to come up with a system designed to provide security using e-mail and other computer transmissions. At present the fax machine meets all security criteria. Senator Zharoff asked how it would be determined which ballot would be valid if a person voted more than one time. Mrs. Shriner advised that this matter was covered by statute and there is a process for dealing with duplicate ballots. Senator Zharoff discussed amending the bill to include an immediate effective date. Senator Donley would rather the department have enough time to set up proper procedures. Co-chairman Halford comments on regulations. Tom Anderson advised that Representative Martin's intent was to get this into effect as soon as possible. Senator Donley indicated that there was no specific time frame indicated and the division should be allowed some flexibility in case of any problems. Co-chairman Halford advised that if the bill is left without an effective date it will take effect ninety days after signature. That would still be in time for the primary election. Senator Zharoff felt that there would be less confusion if there were an effective date on the bill. Senator Zharoff MOVED to amend the bill to include an effective date. Mr. Anderson agreed to the amendment. Without objection the amendment to include an effective date was ADOPTED. Senator Sharp MOVED S CSHB 42(FIN) out of committee with individual recommendations and accompanying fiscal note and without objection it was REPORTED OUT with individual recommendations and accompanying fiscal note of $37.6 from the Division of Elections.