SB 128

Under existing law, the right to vote a secret ballot is inviolate

This bill would prohibit an individual from taking a picture of another voter's ballot or otherwise revealing the contents of another voter's ballot at any polling place

This bill would provide penalties for violations

This bill would also provide that if a voter has posted an image of his or her own ballot contents electronically, any retransmittal of that image is not a violation

Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, prohibits a general law whose purpose or effect would be to require a new or increased expenditure of local funds from becoming effective with regard to a local governmental entity without enactment by a 2/3 vote unless: it comes within one of a number of specified exceptions; it is approved by the affected entity; or the Legislature appropriates funds, or provides a local source of revenue, to the entity for the purpose

The purpose or effect of this bill would be to require a new or increased expenditure of local funds within the meaning of the amendment. However, the bill does not require approval of a local governmental entity or enactment by a 2/3 vote to become effective because it comes within one of the specified exceptions contained in the amendment

Relating to elections; to add Section 17-9-50.1 to the Code of Alabama 1975; to prohibit an individual from taking a photograph or otherwise revealing the contents of another voter's ballot at any polling place; to provide that a violation is a Class C misdemeanor; and in connection therewith would have as its purpose or effect the requirement of a new or increased expenditure of local funds within the meaning of Amendment 621 of the Constitution of Alabama of 1901, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended.

Section 1

Section 17-9-50.1 is added to the Code of Alabama 1975 to read as follows: §17-9-50.1. (a) At any polling place in any state, county, or municipal election, an individual may not do either of the following: (1) Take a photograph of a ballot, other than the individual's own ballot. (2) Reveal another voter's ballot in a manner that would disclose its contents to anyone other than an individual lawfully assisting the voter. (b) An individual who violates subsection (a), upon conviction, shall be guilty of a Class C misdemeanor. (c) This section does not prohibit a voter from making available a photograph of the voter's own ballot by posting the photograph on the Internet or in some other electronic medium, and any retransmittal of the photograph does not constitute a violation of this section.

Section 2

Although this bill would have as its purpose or effect the requirement of a new or increased expenditure of local funds, the bill is excluded from further requirements and application under Amendment 621, now appearing as Section 111.05 of the Official Recompilation of the Constitution of Alabama of 1901, as amended, because the bill defines a new crime or amends the definition of an existing crime.

Section 3

This act shall become effective on the first day of the third month following its passage and approval by the Governor, or its otherwise becoming law.