Legislature(2017 - 2018)GRUENBERG 120
01/31/2017 03:00 PM House STATE AFFAIRS
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| Audio | Topic |
|---|---|
| Start | |
| HB71 | |
| HB7 | |
| HB31 | |
| Adjourn |
* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
| *+ | HB 71 | TELECONFERENCED | |
| *+ | HB 7 | TELECONFERENCED | |
| *+ | HB 31 | TELECONFERENCED | |
| + | TELECONFERENCED |
HB 7-DISPLAY OF PHOTOS OF MARKED BALLOT
3:38:14 PM
CHAIR KREISS-TOMKINS announced that the next order of business
would be HOUSE BILL NO. 7, "An Act relating to the exhibition of
marked ballots."
3:39:08 PM
ALICIA NORTON, Intern, Representative Kreiss-Tomkins, Alaska
State Legislature, presented HB 7 on behalf of Representative
Kreiss-Tomkins, prime sponsor. She stated that "ballot selfies"
are currently illegal in the state of Alaska. She explained
that "ballot selfie" refers to a picture taken of oneself within
the voting booth. She said that the goal of HB 7 is to make
ballot selfies legal. She relayed that ballot selfies could be
an expression of support - for a candidate, a cause, or voting
in general. She said that Alaska's law is not currently
rigorously enforced; therefore, there would not be a dramatic
change to the status quo. She related that bans on ballot
selfies have already been ruled unconstitutional in several
other states, and passage of HB 7 would allow Alaska to follow
the trend across the U.S. She said that the Division of
Elections (DOE) raised concerns regarding the prohibition of
electioneering, and staff is currently working with Legislative
Legal and Research Services to create language to address those
concerns. She mentioned that an amendment will be forthcoming.
3:41:04 PM
REPRESENTATIVE BIRCH asked Ms. Norton if she has identified any
concerted opposition to HB 7.
MS. NORTON mentioned that one person has expressed concern with
vote buying and asked if ballot selfies would be considered
advertising under the Alaska Public Offices Commission (APOC)
regulations. Ms. Norton said she was looking into that
possibility.
3:41:50 PM
REPRESENTATIVE WOOL asked if it is currently against the law to
take a picture of yourself with the ballot or just the ballot
alone. He asked if a ballot selfie was a picture of yourself
with the ballot.
MS. NORTON responded that a ballot selfie is a photo of yourself
with your ballot.
REPRESENTATIVE WOOL asked if it was stated in statute that it is
illegal to take a picture of yourself with your ballot.
MS. NORTON responded that statute does not state that you can't
take a ballot selfie but states you are not allowed to show your
ballot to another person.
REPRESENTATIVE WOOL asked if it is against the law to show a
picture of his completed ballot, without his face in the
picture, to someone else.
MS. NORTON responded yes, but it would be legal if HB 7 becomes
law.
REPRESENTATIVE WOOL asked if anyone has been prosecuted in
Alaska for the crime of showing his/her ballot to another
person.
MS. NORTON answered that she wasn't completely sure, but has no
knowledge of anyone being prosecuted for that crime.
REPRESENTATIVE LEDOUX asked if Ms. Norton knew if anyone had
been prosecuted in another state.
MS. NORTON responded that a Colorado women was prosecuted for a
ballot selfie. The woman filed a suit claiming her right to
free speech was violated.
REPRESENTATIVE LEDOUX asked about the outcome of the suit.
MS. NORTON said the ruling was in the woman's favor. It was
determined to be an infringement of her freedom of speech.
3:44:55 PM
REPRESENTATIVE TUCK stated that the ban of ballot selfies is
currently an electioneering prohibition. He asked if the
original intent of the ban was related to the prohibition on
campaigning and campaign materials within a 200-foot zone of a
polling location.
MS. NORTON responded yes.
3:46:50 PM
REPRESENTATIVE WOOL offered that a ballot selfie could be used
as proof of a vote in the case of vote buying. He asked if
walking around with a picture of your ballot on your phone would
be an electioneering violation or an expression of free speech.
MS. NORTON answered that an amendment will be introduced that
would prevent people from taking photos of their ballots and
presenting them within the polling place or within 200 feet of
the polling place.
3:48:54 PM
REID MAGDANZ, Staff, Representative Kreiss-Tomkins, Alaska State
Legislature, on behalf of Representative Kreiss-Tomkins, prime
sponsor of HB 7, said that the Alaska Division of Elections
suggested that HB 7, as written, allowed for the possibility of
the ballot selfie being shared within the polling place. He
reiterated that the forthcoming amendment would clarify that
showing the ballot selfie within 200 feet of a polling place
would still be prohibited.
3:49:25 PM
REPRESENTATIVE LEDOUX asked how someone within the polling place
with a cell phone could be prevented from seeing a ballot selfie
of someone outside the polling place.
MR. MAGDANZ said that it is certainly a possibility, as are
other possibilities, such as seeing a Facebook post while in the
polling place. He mentioned that the drafters of HB 7
considered those possibilities to be in line with protecting
free speech. He added that if the committee has concerns, HB 7
could be amended accordingly.
3:50:43 PM
REPRESENTATIVE KNOPP asked if it is illegal to display one's
completed ballot while walking across the polling place to the
ballot box.
MR. MAGDANZ confirmed that is illegal and would remain illegal
under HB 7.
[HB 7 was held over.]