SB 87-SPECIAL ABSENTEE BALLOTS  SENATOR GEORGIANNA LINCOLN, bill sponsor, thanked the committee for hearing the bill and said Sara Boario would introduce the bill. SARA BOARIO, chief of staff to Senator Lincoln, explained that purpose of the bill is to offer a voter living in a remote location the opportunity to vote using the 60 day, special advance absentee ballot. In current statute, only voters living, working, or traveling outside the United States are eligible to use this type of absentee ballot. However, distance, terrain and natural conditions have prevented voters in remote areas from reaching a community with a polling station or from receiving a ballot by mail. Absentee ballots are now mailed out three weeks prior to an election. The Division of Elections already distributes the special 60 day special advance absentee ballot so this legislation would not impose any administrative difficulties. The bill has a zero fiscal note. During the previous hearing, there were concerns about the interpretation of the words, "remote" and "reasonable." legislative legal advised them to review how the Division of Elections applies their current regulations to determine permanent absentee voters. This should provide a good indication of how they would apply SB 87 to determine which remote voters would be eligible to receive the special ballot. The regulations to review are 6 AAC 25.650. One of the criteria used by the division to identify permanent absentee voters is if the voter "resides in a remote area in Alaska or distance, terrain or other natural conditions deny the voter reasonable access to the polling place." The definition of "remote" is inherent in regulation and in the bill and the key phrase is "reasonable access." In the past, courts have interpreted "reasonable" as a matter or degree, which depends upon the specific facts of the case. The Division of Elections reviews the specific facts of the permanent absentee voters and as Gayle Fenumiai indicated in her follow up letter of January 22, 2002, voters who would benefit from this bill are uniquely identified within the voter registration system. She said Ms. Fenumiai addressed the concern expressed about people taking responsibility to exercise their duty to vote in her recent letter. Voters are taking the necessary steps to apply for the absentee ballot but they don't receive them in time to vote. In more urban areas, additional accommodations have been made for absentee voters. There are now absentee voting stations at international airports and at UAA and UAF so in addition to the regular mail-in absentee ballots absentee voters in urban areas have a back up system to make their vote count. They have also been asked to discuss the by-pass mail system and how that might affect the bill. Some people believe the changes proposed by Senator Ted Stevens and Representative Don Young will hurt mail and passenger service to Bush Alaska and others think it will at least save the system. Under the current structure, the U.S. Postal Service is losing over $100 million per year in Alaska. Without the proposed changes the Postal Service will be forced to eliminate the service altogether, which could have a devastating impact on both mail and passenger service to rural Alaska. Opposing forces have stalled Representative Young's HR. 3444 and the last report from Senator Stevens was not optimistic. CHAIRMAN THERRIAULT asked whether an individual that wants this ballot would make application to the regional election supervisor and be added to the list as a person that qualifies for the special 60 day absentee ballot. SENATOR LINCOLN advised Ms. Fenumiai was on line to answer that type of question. GAYLE FENUMIAI explained voters that are designated as permanent absentee voters in the voter registration system, still need to apply for an absentee by-mail ballot. This bill would allow them to receive the 60 day advance ballot but they would still need to complete an absentee by-mail ballot application. CHAIRMAN THERRIAULT asked how individuals would be cleared to be eligible for permanent absentee voting. MS. FENUMIAI said individuals who are identified as permanent absentee voters are mailed absentee ballot applications at specific times during the year. If the division received a registration form from a voter who lived in one of the areas they have designated as rural due to remoteness or lack of reasonable access to a polling place, their record is flagged, which would trigger their receiving a by-mail application. The voter would still need to complete the application to receive any kind of absentee ballot. CHAIRMAN THERRIAULT asked her if she had any idea how many people might be affected with the passage of the bill. MS. FENUMIAI said she didn't have any numbers to offer and didn't know whether every voter that might qualify would apply for the special 60 day absentee ballot. SENATOR LINCOLN asked Ms. Fenumiai if she hadn't already identified nearly 1,000 people that would qualify to receive the special ballot. MS. FENUMIAI said that is correct; Shelly Growden, the elections supervisor from Fairbanks, reported she has over 1,000 voters living in remote areas that have been classified as permanent absentee voting areas. Any of these individuals that apply to vote would be eligible to receive the special ballot. CHAIRMAN THERRIAULT commented Ms. Growden's move to the Fairbanks Division of Motor Vehicle office is a loss to the Division of Elections. There were no committee substitutes or amendments offered. The bill had a zero fiscal note. He asked for the will of the committee. SENATOR DAVIS made a motion to move SB 87 and attached fiscal note from committee with individual recommendations. There being no objection, SB 87 moved from committee.