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Minutes for HB2618 - Committee on Federal and State Affairs
Short Title
Requiring specific intent as an element of the crime of false representation of an election official.
Minutes Content for Tue, Mar 12, 2024
Jason Long, Office of the Revisor of Statutes, gave an overview of the bill. HB2618 amends current statute regarding elements of the crime of false representation of an election official. The bill removes the offense of engaging in conduct that gives the "appearance" of being an election official, to a person knowingly misrepresenting themselves as an election official, or engaging in conduct with intent to cause another person to believe they are an election official. (Attachment 1)
After a period of questions and answers, the Chairman called for proponent testimony.
Proponent Oral Testimony
Matt Bingesser, Administrative Counsel, Office of the Kansas Attorney General, spoke as a proponent of the bill. He stated there is a current court case regarding an offense under the current statute, and this bill would help reduce the magnitude and scope of the former language. He also stated the National Association of Secretaries of State indicated there are phone calls currently being made attempting to solicit voter information for the purpose of scams. (Attachment 2)
Clay Barker, Deputy Secretary of State, General Counsel, Office of the Kansas Secretary of State, spoke as a proponent of the bill. He stated this statute originally was added to a larger bill as an amendment, and never went through the Committee process. He said the purpose is to go after people who very cleverly and intentionally try to get people's personal information by presenting themselves as an election officer but never actually say it. This bill simply amends the language that the court has hinted is too broad. He said "intent" is now the key, and must be proven. (Attachment 3)
Following a period of questions and answers, the Chairman called for neutral testimony.
Neutral Oral Testimony
Davis Hammet, Loud Light Civic Action, spoke as neutral on the bill. He stated they are the plaintiffs in the litigation that is at stake in this issue, and this bill still has some ambiguity on what conduct is considered illegal. (Attachment 4)
Neutral Written Only Testimony
Cille King, League of Women Voters (Attachment 5)
Teresa Woody, Kansas Appleseed (Attachment 6)
There was no opponent testimony.
Following a period of questions and answers, the Chairman closed the hearing on HB2618.
