SSTA - 3/28/95 HB 42 ABSENTEE VOTING & USE OF FAX SENATOR SHARP brings up HB 42 as the next order of business before the Senate State Affairs Committee and calls the first witness. Number 177 TOM ANDERSON, Aide to Representative Martin, informs the committee that HB 42 is very similar to HB 49 from the previous legislature. The bill allows for the electronic transmission of absentee ballots. There are some very minor differences between the two bills: some cost saving measures for the Division of Elections, and an extension of the secrecy waiver statement. Mr. Anderson states the major concern with the bill in the past has been the waiver of secrecy. Legislative Legal Services and the Attorney General's Office have both written letters of support for HB 49, stating that the right and ability to vote is a more significant concern than the right to vote in secret. Mr. Anderson states the subject has had support from disabled groups, the military, and AFN, among others. Number 115 RUPE ANDREWS, League of Women Voters in Alaska, states the league does not specifically support or oppose HB 42. However, the league agrees with the overall intent to improve the efficiency of voting. Mr. Andrews states the two concerns he has with the bill are: the constitutionality of the bill in regards to the potential for coercion and secrecy, and the implementation of the bill. He sees equipment failure, lack of equipment, and 24 hour monitoring by staff as potential problems in implementation. Number 090 SENATOR LEMAN asks how electronic transmission could enhance the opportunity for coercion any more than current standard absentee ballots could. He doesn't know how electronic transmission changes that. MR. ANDREWS is not sure either, but thinks that somewhere along the transmission line, there could be a problem with coercion. He also questions whether the press could obtain copies of ballots cast in this manner under the freedom of information act, since a secrecy waiver will be signed by the voter giving up the right to secrecy. SENATOR LEMAN thinks it would be a stretch to consider these type of ballots information available to the public. It would certainly not be his intent that these ballots be considered public information. MR. ANDERSON adds that has never been a point of contention. GAYE VAUGHAN, Clerk, Kenai Peninsula Borough, states she is testifying as clerk, and not on behalf of the assembly. She states the Kenai Peninsula Borough did adopt a variation of HB 42 over a year ago for municipal elections. Many people took advantage of the program. However, the program did not allow the fax of the voted ballot. Ms. Vaughan supports HB 42, and sees it as an assistance in increasing voter turnout. Number 027 SENATOR RANDY PHILLIPS states he has a natural fear of cheating, and asks Ms. Vaughan if there has been any attempted fraud relating to faxing ballots. MS. VAUGHAN responds this is Alaska, this isn't Chicago. She states she has been a municipal clerk for almost 18 years. She has caught people who have voted twice: people who didn't understand that you can't go to every polling place, or that you can't vote two weeks ahead of time and the day of the election. Ms. Vaughan does not see fraud as a problem at this time. She supports HB 42. TAPE 95-14, SIDE A CHAIRMAN SHARP comments he had several complaints regarding absentee ballots during the last election. The complaints were that people had applied for absentee ballots, but never received them. HB 42 would help solve that problem. Number 024 MS. VAUGHAN adds that a lot of people think the elections are always held in November, which isn't the case; so absentee voting by fax really helps in municipal elections, because all of a sudden someone gets a reminder that there is an election coming up, and can apply for a ballot with shorter notice. Number 040 DAVE KOIVUNIEMI, Acting Director, Division of Elections, states the division is taking a neutral stance on HB 42. CHAIRMAN SHARP thinks the biggest thing is to be able to receive an absentee ballot from the division by fax. If an individual doesn't want to lose the secrecy, then they can always mail the ballot back to the division. It doesn't need to be faxed both ways. SENATOR RANDY PHILLIPS asks Mr. Koivuniemi what the concerns of the division are regarding HB 42. Number 061 MR. KOIVUNIEMI replies the biggest concerns are technical, and relate to implementation. How often will the division have to try to fax the ballot, if transmission keeps failing? His personal opinion is that the state has some of the most liberal absentee methods of voting in the country. But it is mainly questions regarding implementation, rather than any philosophical problem. The division already accepts applications for absentee ballots by fax. Number 095 SENATOR LEMAN makes a motion to discharge HB 42 from the Senate State Affairs Committee with individual recommendations. CHAIRMAN SHARP, hearing no objection, orders HB 42 released from committee with individual recommendations.