HB 83-PROHIBIT VOTING BY FACSIMILE  3:50:03 PM CHAIR REVAK reconvened the meeting and announced the consideration of CS FOR HOUSE BILL NO. 83(STA) am(efd del), "An Act relating to voting by electronic transmission in a state election." 3:50:48 PM ERIN HARRINGTON, Staff, Representative Jonathan Kreiss-Tomkins, Alaska State Legislature, Juneau, Alaska, introduced HB 83 on behalf of the sponsor, speaking to the following sponsor statement: HB 83 prohibits the return of absentee ballots by facsimile. Currently, fax is an allowable means for a voter to return a completed absentee ballot to the Division of Elections. Most election security experts caution that the electronic transmission of ballots (such as by fax) presents cybersecurity risks. HB 83 seeks to strengthen election security in Alaska. MS. HARRINGTON explained that the legislation was drafted based on recommendations by national election security experts to fortify the integrity of the state's election system. She noted that the Division of Elections has made some security changes through regulation but HB 83 addresses security vulnerability that resides in statute. She said HB 83 specifically addresses electronic return of ballots via fax to the Division of Elections because this type of transmission is susceptible to tampering. She noted that the division has stopped accepting ballots through its online system for the same reason. However, absentee voters may continue to request their ballots be delivered by fax. She highlighted that the bill was amended on the House floor to exempt members of the military who are voting absentee; they may continue to return their voted ballots by fax. 3:55:02 PM CHAIR REVAK asked if the bill allows people to receive a ballot by fax but only military members voting absentee would be able to return the ballot that way. MS. HARRINGTON answered that is correct. The reasoning is that the voter is able to ascertain the validity of the ballot on the receiving end, but that opportunity is not available when the ballot is returned. SENATOR COGHILL asked if there is a way to ascertain that the number of returned absentee ballots is roughly equivalent to the number that are sent out. He commented that this is an area that chain of custody can be very important. MS. HARRINGTON explained that every voted absentee ballot is reviewed by a bipartisan ballot review board. She deferred to Gail Fenumiai to discuss the specifics of chain of custody. 3:58:20 PM GAIL FENUMIAI, Director, Division of Elections, Office of the Lieutenant Governor, Anchorage, Alaska, explained that before somebody can receive a ballot by mail or fax, they must complete an absentee by mail application. This requires the person to provide their voter identification number, the last four digits of their Social Security number or their driver's license number, and their date of birth. The ballot is not sent to the voter until their identity has been verified. When the voted ballot is returned, the division first checks to see if the voter applied for a ballot and then it is reviewed by a bipartisan board to ensure that the ballot has all the required information. It has to be posted on or before Election Day or received by fax by the close of polls on Election Day; it has to be signed by the voter and have an identifier; and the ballot must be witnessed. 3:59:59 PM SENATOR COGHILL asked what the current process is for receiving absentee ballots from members of the military. MS. FENUMIAI replied the only option right now to return a ballot electronically is by fax. Under HB 83, only uniformed overseas military members may return their voted ballot by fax. Everybody else who receives a ballot through the online delivery system or by fax would be required to return their voted ballot by mail. She said the same verification process is in place for ballots received either way. SENATOR COGHILL asked if using other electronic transmission would require unique identifiers and verification MS. FENUMIAI answered yes; the same information is required on an application for either type of voting. 4:01:40 PM SENATOR WILSON asked how many voted ballots have come in by fax in the last few elections and which communities they came from. MS. FENUMIAI replied the division tracks how the ballot is sent to the voter, but the method of return is not logged. In the 2018 election year, seven voters received a ballot by fax; three were military domestic and four were overseas citizens. That same year there were 2,628 Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA) voters who applied to receive a ballot online; 181 were military overseas voters, 1,459 were military domestic, and 988 were overseas voters. 4:03:37 PM SENATOR WILSON asked if this legislation would disenfranchise a small population of voters. MS. FENUMIAI replied she did not believe so because voters will have the opportunity to return their ballots by mail. She said that is best practices according to agencies that work on security issues. SENATOR WILSON questioned why the administration did not introduce legislation to fix this. MS. FENUMIAI replied the administration did not introduce the bill, but the Division of Elections is willing and able to implement it. 4:05:26 PM MS. HARRINGTON informed the committee that the bill was amended on the House floor and the body did not catch that it repeals AS 15.20.066(b), which is a set of attestations and oaths that a voter makes when they return a ballot using electronic transmission. She explained that initially there was no exclusion for UOCAVA voters so no ballots would have been returned electronically. Now there is an exclusion, so the repealed verifiers need to be addressed either in regulation or in the bill. She noted that the 2/17/20 memo from Legal Services in the packets addresses the issue. 4:07:55 PM CHAIR REVAK opened public testimony on HB 83. After ascertaining that none who wished to testify, he closed public testimony. CHAIR REVAK held HB 83 in committee and encouraged people to submit testimony to ssta@akleg.gov.