Legislature(2017 - 2018)

2017-03-01 House Journal

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2017-03-01                     House Journal                      Page 0372
HB 7                                                                                                                          
The following, which was advanced to third reading from the                                                                     
February 27 calendar (page 355), was read the third time:                                                                       
                                                                                                                                
    CS FOR HOUSE BILL NO. 7(CRA)                                                                                                
    "An Act relating to the exhibition of marked ballots and the                                                                
    prohibition on political persuasion near election polls."                                                                   
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
CSHB 7(CRA) be returned to second reading for the specific purpose                                                              
of considering Amendment No. 1.  There being no objection, it was so                                                            
ordered.                                                                                                                        
                                                                                                                                
The Speaker stated that, without objection, CSHB 7(CRA) would be                                                                
returned to second reading for all amendments.                                                                                  
                                                                                                                                
Amendment No. 1 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1 (title amendment):                                                                                               
    Delete "the exhibition of"                                                                                                
    Following "ballots":                                                                                                      

2017-03-01                     House Journal                      Page 0373
         Insert "; relating to penalties for unlawful conduct relating                                                        
    to marked ballots;"                                                                                                       
    Following "and":                                                                                                          
         Insert "relating to"                                                                                                 
                                                                                                                                
Page 2, line 10, following "AS 15.15.170,":                                                                                     
    Insert "and subject to the prohibition on coercing or inducing a                                                            
voter to share an image of the voter's ballot under AS 15.15.295,"                                                              
                                                                                                                                
Page 2, following line 11:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 4. AS 15.15 is amended by adding a new section to read:                                                               
         Sec. 15.15.295. Privacy of marked ballot. A person may not                                                           
             (1)  photograph, film, or otherwise capture an image, or                                                           
    attempt to capture an image, of another person's marked ballot; or                                                          
             (2)  coerce or induce a voter to share a photo, video, or                                                          
    other image of the voter's marked ballot with that person or with                                                           
    the public.                                                                                                                 
   * Sec. 5. AS 15.56.035(a) is amended to read:                                                                              
         (a)  A person commits the crime of unlawful interference with                                                          
    voting in the second degree if the person                                                                                   
             (1)  has an official ballot in possession outside of the                                                           
    voting room unless the person is an election official or other                                                              
    person authorized by law or local ordinance, or by the director or                                                          
    chief municipal elections official in a local election;                                                                     
             (2)  makes, or knowingly has in possession, a counterfeit                                                          
    of an official election ballot;                                                                                             
             (3)  knowingly solicits or encourages, directly or                                                                 
    indirectly, a registered voter who is no longer qualified to vote                                                           
    under AS 15.05.010, to vote in an election;                                                                                 
             (4)  as a registration official                                                                                    
                 (A)  knowingly refuses to register a person who is                                                             
         entitled to register under AS 15.07.030; or                                                                            
                 (B)  accepts a fee from an applicant applying for                                                              
         registration;                                                                                                          
             (5)  violates AS 15.20.081(a) by knowingly supplying or                                                            
    encouraging or assisting another person to supply to a voter an                                                             
    absentee ballot application form with a political party or group                                                            
    affiliation indicated if the voter is not already registered as                                                             
    affiliated with that political party or group;                                                                              

2017-03-01                     House Journal                      Page 0374
             (6)  knowingly designs, marks, or encourages or assists                                                            
    another person to design or mark an absentee ballot application in                                                          
    a manner that suggests choice of one ballot over another as                                                                 
    prohibited by AS 15.20.081(a); [OR]                                                                                         
             (7)  knowingly submits or encourages or assists another                                                            
    person to submit an absentee ballot application to an intermediary                                                          
    who could control or delay the submission of the application to                                                             
    the division of elections or who could gather data from the                                                                 
    application form as prohibited by AS 15.20.081(a); or                                                                   
             (8)  violates AS 15.15.295 by knowingly                                                                        
                 (A)  photographing, filming, or otherwise                                                                  
         capturing an image, or attempting to capture an image, of                                                          
         another person's marked ballot; or                                                                                 
                 (B)  coercing or inducing a voter to share a photo,                                                        
         video, or other image of the voter's marked ballot with                                                            
         that person or with the public."                                                                                   
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 1 be adopted.                                                                                                     
                                                                                                                                
Representative Gara objected.                                                                                                   
                                                                                                                                
The question being:  "Shall Amendment No. 1 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 7(CRA)                                                                                                                     
Second Reading                                                                                                                  
Amendment No. 1                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                
Yeas:  Birch, Chenault, Eastman, Johnston, Knopp, Kopp, Millett,                                                                
Neuman, Pruitt, Saddler, Talerico, Thompson, Tilton, Wilson                                                                     
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Johnson, Josephson, Kawasaki, Kito, Kreiss-Tomkins,                                                                 
LeDoux, Ortiz, Parish, Rauscher, Reinbold, Seaton, Spohnholz, Stutes,                                                           
Sullivan-Leonard, Tarr, Tuck, Westlake, Wool                                                                                    
                                                                                                                                
And so, Amendment No. 1 was not adopted.                                                                                        
                                                                                                                                
                                                                                                                                

2017-03-01                     House Journal                      Page 0375
Amendment No. 2 was offered  by Representative Eastman:                                                                          
                                                                                                                                
Page 1, line 1 (title change):                                                                                                  
    Delete "and"                                                                                                              
    Insert "; relating to"                                                                                                    
                                                                                                                                
Page 1, line 2, following "polls":                                                                                            
    Insert "; establishing a penalty for a person who knowingly                                                               
solicits an image of another person's marked ballot, or knowingly                                                             
provides an image of the person's own marked ballot, as part of an                                                            
agreement between the persons to exchange their votes; and                                                                    
establishing a penalty for election officials who knowingly allow                                                             
unlawfully exhibited ballots to be placed in a ballot box"                                                                    
                                                                                                                                
Page 2, following line 11:                                                                                                      
    Insert new bill sections to read:                                                                                           
"* Sec. 4. AS 15.56.035(a) is amended to read:                                                                                
         (a)  A person commits the crime of unlawful interference with                                                          
    voting in the second degree if the person                                                                                   
             (1)  has an official ballot in possession outside of the                                                           
    voting room unless the person is an election official or other                                                              
    person authorized by law or local ordinance, or by the director or                                                          
    chief municipal elections official in a local election;                                                                     
             (2)  makes, or knowingly has in possession, a counterfeit                                                          
    of an official election ballot;                                                                                             
             (3)  knowingly solicits or encourages, directly or                                                                 
    indirectly, a registered voter who is no longer qualified to vote                                                           
    under AS 15.05.010, to vote in an election;                                                                                 
             (4)  as a registration official                                                                                    
                 (A)  knowingly refuses to register a person who is                                                             
         entitled to register under AS 15.07.030; or                                                                            
                 (B)  accepts a fee from an applicant applying for                                                              
         registration;                                                                                                          
             (5)  violates AS 15.20.081(a) by knowingly supplying or                                                            
    encouraging or assisting another person to supply to a voter an                                                             
    absentee ballot application form with a political party or group                                                            
    affiliation indicated if the voter is not already registered as                                                             
    affiliated with that political party or group;                                                                              
             (6)  knowingly designs, marks, or encourages or assists                                                            
    another person to design or mark an absentee ballot application in                                                          

2017-03-01                     House Journal                      Page 0376
    a manner that suggests choice of one ballot over another as                                                                 
    prohibited by AS 15.20.081(a); [OR]                                                                                         
             (7)  knowingly submits or encourages or assists another                                                            
    person to submit an absentee ballot application to an intermediary                                                          
    who could control or delay the submission of the application to                                                             
    the division of elections or who could gather data from the                                                                 
    application form as prohibited by AS 15.20.081(a); or                                                                   
             (8)  under circumstances not proscribed under                                                                  
    AS 15.56.030, knowingly solicits an image of another person's                                                           
    marked ballot, or knowingly provides an image of the person's                                                           
    own marked ballot, as part of an agreement between the                                                                  
    persons to exchange their votes in the same election or in                                                              
    different elections.                                                                                                    
   * Sec. 5. AS 15.56.080(a) is amended to read:                                                                              
         (a)  A person commits the crime of election official                                                                   
    misconduct in the second degree if while an election official, and                                                          
    while the polls are open, the person                                                                                        
             (1)  opens a ballot received from a voter at an election,                                                          
    unless permitted by ordinance in a local election;                                                                          
             (2)  marks a ballot by folding or otherwise so as to be able                                                       
    to recognize it;                                                                                                            
             (3)  otherwise attempts to learn how a voter marked a                                                              
    ballot; [OR]                                                                                                                
             (4)  knowingly allows a ballot that has been unlawfully                                                        
    exhibited by a voter to be placed in the ballot box; or                                                                 
             (5) allows a person to do one of the acts prescribed by (1),                                                   
    (2), or (3) of this subsection."                                                                                            
                                                                                                                                
Representative Eastman moved and asked unanimous consent that                                                                   
Amendment No. 2 be adopted.                                                                                                     
                                                                                                                                
Representative Kreiss-Tomkins objected.                                                                                         
                                                                                                                                
The question being:  "Shall Amendment No. 2 be adopted?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 7(CRA)                                                                                                                     
Second Reading                                                                                                                  
Amendment No. 2                                                                                                                 
                                                                                                                                
YEAS:  14   NAYS:  26   EXCUSED:  0   ABSENT:  0                                                                              
                                                                                                                                

2017-03-01                     House Journal                      Page 0377
Yeas:  Birch, Chenault, Eastman, Johnson, Johnston, Kopp, Millett,                                                              
Neuman, Pruitt, Saddler, Sullivan-Leonard, Talerico, Tilton, Wilson                                                             
                                                                                                                                
Nays:  Claman, Drummond, Edgmon, Fansler, Foster, Gara, Grenn,                                                                  
Guttenberg, Josephson, Kawasaki, Kito, Knopp, Kreiss-Tomkins,                                                                   
LeDoux, Ortiz, Parish, Rauscher, Reinbold, Seaton, Spohnholz, Stutes,                                                           
Tarr, Thompson, Tuck, Westlake, Wool                                                                                            
                                                                                                                                
And so, Amendment No. 2 was not adopted.                                                                                        
                                                                                                                                
CSHB 7(CRA) was automatically in third reading.                                                                                 
                                                                                                                                
The question being:  "Shall CSHB 7(CRA) pass the House?"  The roll                                                              
was taken with the following result:                                                                                            
                                                                                                                                
CSHB 7(CRA)                                                                                                                     
Third Reading                                                                                                                   
Final Passage                                                                                                                   
                                                                                                                                
YEAS:  32   NAYS:  8   EXCUSED:  0   ABSENT:  0                                                                               
                                                                                                                                
Yeas:  Birch, Chenault, Claman, Drummond, Edgmon, Fansler, Foster,                                                              
Gara, Grenn, Guttenberg, Johnson, Josephson, Kawasaki, Kito,                                                                    
Knopp, Kreiss-Tomkins, LeDoux, Millett, Ortiz, Parish, Pruitt,                                                                  
Rauscher, Reinbold, Seaton, Spohnholz, Stutes, Sullivan-Leonard,                                                                
Tarr, Tuck, Westlake, Wilson, Wool                                                                                              
                                                                                                                                
Nays:  Eastman, Johnston, Kopp, Neuman, Saddler, Talerico,                                                                      
Thompson, Tilton                                                                                                                
                                                                                                                                
And so, CSHB 7(CRA) passed the House and was referred to the                                                                    
Chief Clerk for engrossment.