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HB17-1014

Election Offenses Committed By A Voter

Concerning the elimination of the criminal penalty imposed upon an elector for disclosing the contents of the elector's voted ballot.
Session:
2017 Regular Session
Subject:
Elections & Redistricting

For elections conducted under both the 'Uniform Election Code of 1992' (uniform code) and the 'Municipal Election Code of 1965' (municipal code), an elector who shows his or her ballot after it is prepared for voting in such a way as to reveal its contents, commonly known and referred to as a 'ballot selfie', is subject to a criminal misdemeanor penalty.

Section 1 of the bill modifies the ballot selfie prohibition in the uniform code. Specifically, section 1 deletes existing language prohibiting a voter from showing his ballot after it is prepared for voting to any person in such a way as to reveal its contents. Under the bill, any voter may show his or her voted ballot to any other person as long as the disclosure is not undertaken in furtherance of any election violation proscribed in the uniform code. The bill further provides that any voter makes available an image of the voter's own ballot through electronic means after it is prepared for voting is deemed to have consented to the transmittal of that image. The ability of a voter to exercise such right at a voter service and polling center (VSPC) or at any other location at which votes are being tabulated is subject to the power of a county clerk and recorder to monitor activity at such VSPC or other location, including placing reasonable restrictions on the use of photography in such settings or imposing other restrictions on activity in such settings as the county clerk and recorder finds necessary, to ensure the fair and efficient conduct of elections.

Section 2 of the bill makes parallel modifications to the municipal code as section 1 of the bill makes to the uniform code regarding ballot selfie requirements.
(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Passed
Became Law

Bill Text