HB 42 ABSENTEE VOTING & USE OF FAX  TOM ANDERSON, legislative aide to Representative Martin, sponsor of HB 42, testified before the committee. HB 42 is a reintroduction of HB 49, which was introduced in 1992. HB 42 has not changed significantly through the committee process. HB 42 attempts to open up the constrained and sometimes disenfranchising electronic absentee voting standards. Many absentee voters have been unable to vote due to problems with the mail system. HB 42 allows people to apply, receive and complete a ballot by electronic transmission, either by fax or modem. The fiscal costs are low, and include the purchase of several fax machines and the costs of an operator. ACCESS of Alaska supports the measure, as well as several senior citizens, out-of-state students, and business persons travelling abroad. Jack Chenoweth of the Division of Legal Services, and John Gaguine of the Department of Law have prepared legal opinions on the measure. Mr. Chenoweth's opinion compares other states' constitutional mandates and conflicts in states that currently allow electronic ballot transmission. Mr. Gaguine's opinion focussed on the right to privacy issue, and purports the minor infringement of ballot secrecy would be outweighed by the bill's affect in enfranchising voters. The bill would not replace mail-in ballots, it would add an alternative method. Number 194 SENATOR ADAMS questioned the constitutionality of the measure and asked for further clarification of Mr. Chenoweth's legal opinion. MR. ANDERSON explained Mr. Chenoweth's opinion was that if a voter fails to adhere to a deadline, the voluntary waiving of ballot secrecy is justified in light of the importance of voting. Number 214 SENATOR MILLER clarified the voter who uses a fax machine knows the ballot will be viewed by the operator receiving the fax, and is therefore voluntarily waiving the right to privacy. Number 223 SENATOR ADAMS asked if the voter waives the legal ability to sue the Division of Elections if a human error occurs, such as inaccurate reporting, or in the case of an electronic transmission failure or phone line failure. MR. ANDERSON believed that is unlikely to happen, but if it did he assumed the voter would waive that right. SENATOR ADAMS discussed the unreliability of fax and phone lines in villages such as Anatuvuk Pass. MR. ANDERSON believed most people would be able to vote in ample time to prevent such problems. Number 247 SENATOR GREEN asked about the participation level in states that use electronic ballot transmission. MR. GREEN replied participation is limited because most people mail their ballots in ahead of time. SENATOR GREEN asked if this is an additional alternative for unforeseen last minute problems. MR. ANDERSON replied affirmatively. SENATOR GREEN asked for a description of electronic transmission methods. MR. ANDERSON responded that would include the facsimile machine and computer modem. The Division of Elections would have to develop a program to use the modem, and he did not foresee that happening in time for the next election. Number 270 SENATOR TAYLOR asked who the Election Transition Team members are. SENATOR ADAMS believed they would be the same people appointed by Lt. Governor Ulmer. SENATOR TAYLOR noted they expressed concern about the constitutionality of the measure and technical implementation. SENATOR TAYLOR felt the committee should further review those concerns, and stated the bill would be rescheduled the following week. SENATOR ADAMS requested Mr. Gaguine reply to the committee's concerns about the constitutionality of the measure.