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  1. Bama Politics
  2. Alabama
  3. Alabama House & Senate Bills
  4. 2019 Alabama Legislative Regular Session
  5. 2019 Alabama Senate Bills
  6. SB 128

SB 128

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Signed by Governor
Contents hide
  • 1 Bill Summary
  • 2 Bill Text
  • 3 Bill Actions
  • 4 Bill Votes
  • 5 Bill Documents

Bill Summary

Sponsors
  • Chris Elliott
Session
Regular Session 2019
Title
Elections, revealing the contents of another voter's ballot prohibited, violation a Class B misdemeanor, Sec. 17-9-50.1 added
Description

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.

Subjects
Elections

Bill Text

Note: Bills that change current law do not show the amended text correctly below. Please view Original PDF to see amended sections: SB 128 - Enrolled - PDF

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.

Bill Actions

Action Date Chamber Action
May 28, 2019 S Assigned Act No. 2019-370.
May 28, 2019 S Enrolled
May 28, 2019 H Signature Requested
May 28, 2019 S Passed Second House
May 23, 2019 H Motion to Read a Third Time and Pass adopted Roll Call 979
May 23, 2019 H Third Reading Passed
May 15, 2019 H Read for the second time and placed on the calendar
May 8, 2019 H Read for the first time and referred to the House of Representatives committee on Constitution, Campaigns and Elections
May 8, 2019 S Engrossed
May 7, 2019 S Motion to Read a Third Time and Pass adopted Roll Call 638
May 7, 2019 S Third Reading Passed
April 16, 2019 S Elliott motion to Carry Over to the Call of the Chair adopted Voice Vote
April 16, 2019 S Elliott motion to Adopt adopted Roll Call 268
April 16, 2019 S Governmental Affairs first Substitute Offered
April 16, 2019 S Third Reading Carried Over to Call of the Chair
April 9, 2019 S Read for the second time and placed on the calendar with 1 substitute and
March 19, 2019 S Read for the first time and referred to the Senate committee on Governmental Affairs

Bill Votes

Motion to Read a Third Time and Pass
2019-05-23
Chamber: House
Result: Passed
Motion to Read a Third Time and Pass
2019-05-07
Chamber: Senate
Result: Passed
Elliott motion to Adopt
2019-04-16
Chamber: Senate
Result: Passed

Bill Documents

Document Type Document Location
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/SB128-enr.pdf
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/SB128-eng.pdf
Bill Text http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/SB128-int.pdf
Bill Amendments http://alisondb.legislature.state.al.us/ALISON/SearchableInstruments/2019RS/PrintFiles/198907-2.pdf

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