Legislature(2017 - 2018)BARNES 124
02/18/2017 10:00 AM House COMMUNITY & REGIONAL AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB7 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| + | HB 7 | TELECONFERENCED | |
| *+ | HB 84 | TELECONFERENCED | |
HB 7-DISPLAY OF PHOTOS OF MARKED BALLOT
10:01:45 AM
CO-CHAIR FANSLER announced that the only order of business would
be HOUSE BILL NO. 7, "An Act relating to the exhibition of
marked ballots." [Before the committee was CSHB 7(STA).]
10:02:42 AM
ALICIA NORTON, Intern, Representative Jonathan Kreiss Tomkins,
presented HB 7 on behalf of Representative Kreiss-Tomkins, prime
sponsor. She explained that the proposed bill would change
language [in AS 15.15.280 to allow voters to take "ballot
selfies" while at the polling place]. She explained that
although it is currently illegal to share a ballot selfie in
Alaska, the [law] goes unenforced.
10:03:19 AM
REPRESENTATIVE DRUMMOND asked if the sponsor has found any
instance in which the law that currently exists has actually
been enforced.
10:03:43 AM
MS. NORTON clarified that there has not been a single case in
Alaska where the law [prohibiting the sharing of ballot selfies]
was enforced.
10:04:44 AM
REPRESENTATIVE WESTLAKE questioned whether an issues may arise
as a result of HB 7.
10:05:19 AM
ERIC GLATT, Staff Attorney, American Civil Liberties Union of
Alaska (ACLU of Alaska), in response to Representative Westlake,
stated that the ACLU of Alaska does not find anything of concern
regarding HB 7 or "the amendments that have been put forward"
and supports the proposed legislation as a great way in which to
clarify Alaska's election law and ensure that people's
constitutional rights are respected and honored.
10:06:19 AM
LIBBY BAKALAR, Assistant Attorney General, Labor and State
Affairs Section, Civil Division (Juneau), Department of Law
(DOL), responded to Representative Westlake's question by
echoing the response of Mr. Glatt. She said it has been a long-
standing issue for the Division of Elections. She relayed that
DOL receives calls from the division regarding the practice of
taking selfies at the polling place, and she offered her
understanding that it is the Division of Election's position
that HB 7 would "clarify those questions" and give the voting
public confidence that taking a ballot selfie is a protected
First Amendment right, as has been interpreted in the cases that
have come out thus far. She pointed out that the original
statute was made law in the '60s, long before selfies existed.
She said the proposed legislation is clarifying language that
she thinks is consistent with "the direction this is going
around the country."
10:07:56 AM
CO-CHAIR FANSLER asked Ms. Bakalar what reason was behind the
original law.
MS. BAKALAR answered that the law initially was not about
photographs; it was about physical exhibition of the ballot and
persuasion at the polls. In response to a follow-up question,
she said she does not think HB 7 would undo those prohibitions
of the past, because the various iterations of the bill language
all would leave that prohibition intact. She said she thinks
the intent of the proposed legislation is to clarify for the
members of the public that they are not committing a civil or
criminal violation by documenting their own voting experiences.
10:09:59 AM
CO-CHAIR PARISH noted that in Section 2 of HB 7, [AS 15.15.280
would be amended to exclude a voter who] "(1) requests
assistance under AS 15.15.240". He asked if AS 15.15.240 refers
to an individual who is visually impaired.
MS. BAKALAR confirmed that is correct. She read AS 15.15.240,
which relates to voter assistance, as follows:
A qualified voter needing assistance in voting may
request an election official, a person, or not more
than two persons of the voter's choice to assist. If
the election official is requested, the election
official shall assist the voter. If any other person
is requested, the person shall state upon oath before
the election official that the person will not divulge
the vote cast by the person assisted.
MS. BAKALAR said the statute was enacted in 1960 and amended
three times. She stated the purpose of the statute is assist
visually impaired or otherwise disabled voters in casting a
ballot.
10:11:07 AM
REPRESENTATIVE DRUMMOND said she is considering the way people
can physically display a photo, and she noted that the word
"shares" is in HB 7. She offered a scenario in which someone
posts a ballot selfie to his/her Facebook page and someone else
displays that page on his/her cell phone while within the 200-
foot prohibition area of the polling place. She asked Ms.
Bakalar if she anticipates that could be a problem.
MS. BAKALAR deferred to the bill sponsor.
10:12:09 AM
REED MAGDANZ, Staff, Representative Jonathon Kreiss-Tomkins,
Alaska State Legislature, on behalf of Representative Kreiss-
Tomkins, prime sponsor of HB 7, related that the exact scenario
Representative Drummond described was addressed during
discussion by the House State Affairs Standing Committee, the
previous committee of referral for HB 7, and there is an
amendment forthcoming to address that and make clear that within
the 200-foot buffer, a person is not allowed to physically
display a photo of his/her own ballot or that of another person.
10:12:54 AM
CO-CHAIR FANSLER opened public testimony on HB 7.
10:13:26 AM
REPRESENTATIVE WESTLAKE interjected that he thought one result
of HB 7 might be an inducement to vote.
10:13:57 AM
CO-CHAIR FANSLER, after ascertaining that there was no one who
wished to testify, closed public testimony on HB 7.
10:14:29 AM
REPRESENTATIVE WESTLAKE reiterated that he thinks HB 7 would be
a great vehicle for getting people to go vote. He talked about
the influence of the social media posts of older people on
younger people.
10:14:56 AM
REPRESENTATIVE RAUSCHER inquired whether HB 7 would have a
hearing with the House Finance Committee.
10:15:11 AM
CO-CHAIR PARISH pointed out that the proposed legislation has a
zero fiscal note.
10:15:23 AM
MR. MAGDANZ confirmed that there are no further committees of
referral for HB 7.
10:15:44 AM
REPRESENTATIVE DRUMMOND asked if the aforementioned amendment
would be offered today.
10:16:08 AM
CO-CHAIR PARISH moved to adopt Amendment 1 to CSHB 7(STA),
[labeled 30-LS0111\D.2, Bullard, 2/16/17], which read as
follows:
Page 1, line 10, following "person's":
Insert "or another person's"
REPRESENTATIVE DRUMMOND objected for the purpose of discussion.
CO-CHAIR PARISH indicated that the addition of "or another
person's" would address a previously stated concern.
10:16:57 AM
REPRESENTATIVE RAUSCHER questioned the designation of line 10
and asked for the language, as it would be amended by the
proposed Amendment 1, to be read.
CO-CHAIR PARISH read, "physically display a photo, video, or
other image of the person's or another person's marked ballot".
He offered his understanding that even though the language
inserted would flow past line 10, the insertion would begin at
line 10.
10:17:57 AM
CO-CHAIR FANSLER asked if there may be unintended consequences
from the proposed Amendment 1. For example, he said maybe in
the event of a long waiting line to vote, someone may peruse
his/her phone within the aforementioned 200-foot parameter, open
Facebook, and stumble upon a photo of someone else who has
posted a ballot selfie.
10:18:58 AM
MR. MAGDANZ offered his understanding that "it only prohibits
the display if you are displaying that photo within 200 feet in
an attempt to persuade a person to vote for or against a
candidate, proposition, or question." He said seeing a post
accidentally while scrolling through a social media site should
not be a problem. He deferred to Ms. Bakalar for further
insight.
10:19:25 AM
MS. BAKALAR added, "It's a state of mind issue and an intent
issue. Accidentally scrolling through and happening upon
someone else's voted ballot in your Facebook feed doesn't meet
the letter of the statute about ... attempt to persuade." The
intent is to prevent electioneering, and "there's no
electioneering going on if your ... eyeballs just happen to fall
upon someone else's ballot in a Facebook feed."
10:20:24 AM
REPRESENTATIVE DRUMMOND removed her objection to the motion to
adopt Amendment 1. There being no further objection, Amendment
1 was adopted.
10:20:47 AM
CO-CHAIR PARISH directed attention to Section 1(b), which read
as follows:
(b) The election officials shall post warning notices
at the required distance in the form and manner
prescribed by the director.
CO-CHAIR PARISH asked if there would be the option of there
being no warning.
10:21:39 AM
BRIAN JACKSON, Election Programs Manager, Central Office,
Division of Elections, Office of the Lieutenant Governor,
answered that the election officials have, in their materials at
polling places, a kit with a string that is 200 feet long that
they can use to measure the 200-foot distance, and they also
post notices at polling places.
CO-CHAIR PARISH recollected that he had not seen signs regarding
the 200-foot parameter. He asked Mr. Jackson, "In your
interpretation, would this require ... you to do anything that
you're not already doing?"
MR. JACKSON answered, "I do not believe that this would require
any additional work for the election officials."
10:23:29 AM
REPRESENTATIVE DRUMMOND mentioned seeing the municipal clerk in
Anchorage [at work], and she said she thinks it would be "an
enormous amount of work" to "take that radius and post it at 200
feet." She added that she has "seen that kit in action, and
it's quite interesting."
10:24:02 AM
REPRESENTATIVE TALERICO said he has had experience in local
government working with the Division of Elections. He said
there are postings available for doorways, entrances, and
windows. He said it is not uncommon, particularly in rural
communities, for people to walk in [wearing] a [campaign] button
or with a sign on their cars. He said he has never seen anyone
arrested for doing so. He commended the election staff for
being well-trained to politely ask people to remove propaganda
to outside of the polling place area, and he has not seen anyone
challenge that. He said the display of campaign material by
voters at the polling place is accidental, and he thinks "this
will apply here with Facebook posts."
10:25:23 AM
CO-CHAIR PARISH moved to report CSHB 7(STA), as amended, out of
committee with individual recommendations and the attached zero
fiscal note. There being no objection CSHB 7(CRA) was reported
out of the House Community and Regional Affairs Standing
Committee.
| Document Name | Date/Time | Subjects |
|---|---|---|
| HB007 Sponsor Statement 2.7.17.pdf |
HCRA 2/18/2017 10:00:00 AM |
HB 7 |
| HB007 Sectional Analysis ver D 2.7.17 .pdf |
HCRA 2/18/2017 10:00:00 AM |
HB 7 |
| HB007 Summary of Changes ver A to ver D.pdf |
HCRA 2/18/2017 10:00:00 AM |
HB 7 |
| HB007 Supporting Document-Article Denver Post 1.23.17.pdf |
HCRA 2/18/2017 10:00:00 AM HSTA 1/31/2017 3:00:00 PM |
HB 7 |
| HB007 Supporting Document-Article Washington Post 1.23.17.pdf |
HCRA 2/18/2017 10:00:00 AM HSTA 1/31/2017 3:00:00 PM |
HB 7 |
| HB007 Supporting Documents-Article NSCL 1.23.17.pdf |
HCRA 2/18/2017 10:00:00 AM |
HB 7 |
| HB007 ver D 2.7.17.pdf |
HCRA 2/18/2017 10:00:00 AM |
HB 7 |
| HHB007 Supporting Document-Article Columbia University 1.23.17.pdf |
HCRA 2/18/2017 10:00:00 AM HSTA 1/31/2017 3:00:00 PM |
HB 7 |
| HB007 Fiscal Note OOG-DOE 2.9.17.PDF |
HCRA 2/18/2017 10:00:00 AM |
HB 7 |
| HB007 Draft Proposed Amendment ver D 2.16.17.pdf |
HCRA 2/18/2017 10:00:00 AM |
HB 7 |
| HB007 ver A 1.31.17.PDF |
HCRA 2/18/2017 10:00:00 AM HSTA 1/31/2017 3:00:00 PM |
HB 7 |