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.]