SB 24-SPECIAL ABSENTEE BALLOTS  SENATOR GEORGIANNA LINCOLN, prime sponsor, advised Ms. Boario would introduce the bill and Ms. Breeze was available to answer questions. MS. SARA BOARIO, chief of staff to Senator Georgianna Lincoln, summarized the purpose of SB 24. SB 24 offers 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 of the United States are eligible for this special ballot. However, distance, terrain and natural conditions have prevented voters in remote areas from reaching a community with a polling place or from receiving by mail ballots. The current absentee ballot is mailed out 14 to 15 days in advance. The Division of Elections supports this bill as they already distribute the 60-day special advance absentee ballot and this legislation will not impose any administrative difficulties. This bill also has a zero fiscal note. Last session there were a couple of questions regarding 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 who is a permanent absentee voter. This should provide information regarding how the division would apply SB 24 in determining eligible remote voters. One of the criteria the division uses to identify permanent absentee voters is if the voter resides in a remote area in Alaska where distance, terrain, or other natural conditions deny a voter reasonable access to a voting place. Because the definition of "remote" is inherent in the regulations, for SB 24 a remote area is one in which reasonable access to a polling place is denied by the conditions outlined. The key phrase is reasonable access; legislative legal found that courts have interpreted "reasonable" as a matter of degree dependent upon the specific facts of the case and is usually determined by the agency. The Division of Elections does review the specific conditions of all permanent absentee voters and the voters that would benefit from SB 24 are already identified in the division's voter registration system. SENATOR GUESS asked her to confirm that the words "remote" and "reasonable" are established in regulation and that individuals would have to apply for the special ballot just as they must apply for any other absentee ballot. MS. BOARIO agreed. SENATOR GUESS then asked whether eligible voters would be notified that this option is available. MS. VIRGINIA BREEZE, legislative liaison for the Division of Elections, affirmed that voters would have to apply for the special ballot. Because this would be a new option, there would be a method to inform voters. CHAIR GARY STEVENS asked Ms. Breeze about the letter dated May 9, 2002 and signed by Election Administrative Supervisor, Gail Fenumiai where she stated, "The division believes it would be an unnecessary expense to expand the use of the 60-day special advance ballot to all Alaskan voters." He was confused because all other correspondence from the division indicates this would be a good idea. MS. BREEZE agreed the letter did cause some confusion, but she thought the answer lay in the last paragraph. It stated, "The only way for a permanent absentee voter to vote is by mail. They do not have access to any other options to exercise their right to vote. The division feels it is in the best interest of these voters that they be extended another alternative for voting, such as is the case with voters in urban Alaska." She interpreted this to mean the division does not intend to do this for every voter in the State of Alaska. Just voters living in remote locations would be eligible. There were no further questions. CHAIR GARY STEVENS asked for a motion. SENATOR GUESS made a motion to move SB 24 from committee with individual recommendations and zero fiscal note. There being no objection, it was so ordered.