Legislature(2017 - 2018)
2017-03-01 House Journal
Full Journal pdf2017-03-01 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.