Endorsement Survey for State Offices 2010

Name & Office:

Zachary Knight, Independent, State Representative, House District 46

1.1 Oklahoma Drivers License & Retention of Biometric Data: What is your opinion on requiringOklahomans to provide digital finger prints and a biometric facial recognition picture in order tobe allowed to operate a motor vehicle in Oklahoma? What is your opinion on storing saidinformation in a database?

I think that the state or federal government have no business requesting any such data. The governmenthas no reason to collect any such data without probably cause and a warrant. Requesting a driverslicense is not probable cause.

1.2 What is your opinion on using any automated system to monitor residents of Oklahoma forviolations of law without probably cause? Examples would include the use of ALPR (automaticlicense-plate reading) technology and the use of facial recognition cameras to monitorparticipation in lawful demonstrations.

I lived in Arizona for several years and experienced the automated speed and red light cameras. While Iam sure those systems brought in quite a bit of revenue for the contractors who operated them, but not somuch for the police departments. What is really worrisome about such systems is their inability to make judgment calls and read context of individual situations. The state should avoid such situations as theywould bring on additional burden on the people while not increasing revenue for our underfunded policedepartments.

1.3 What is your opinion on any law that would require electronic communication providers(Example: ISPs, cell phone, TV) to monitor activities of Oklahomans, keep a log/database of thisinformation, and make it available to legislators or law enforcement officials upon request. Shoulda warrant be required to initiate collection of such information, or should companies be requiredto keep logs of all users and pass on collected information after a warrant has been issued?

Such laws are a violation of our fourth amendment right to protection from unreasonable searches andseizures. Any such monitoring should be required to have a warrant with probable cause.

1.4 Please feel free to add any comments regarding your position on issues dealing with privacythat are affecting the people of Oklahoma. If you are running for re-election please includeexamples of bills that you have supported or opposed that would have affected the privacy rightsof Oklahomans.

This coming November, Oklahoma is presenting a question on the ballot for the people to vote on. Thisquestion asks whether voters should be required to present valid government issue ID in order toexercise their right to elect their representatives. This would cause more problems than it would solve. Itwould prevent many poor, elderly and disabled individuals from being able to vote in order to preventfraud that is not currently a problem. Any valid vote we turn away is more valuable than any fraud wemight prevent.

2.1 Should Oklahoma law enforcements agencies be exempt from providing copies of video/audiofootage in response to a Freedom of Information Act request if said footage is currently being

used for “internal

investigations”? What do you

consider a reasonable time frame for complyingwith a FOIA request?

There are cases where releasing such information could be damaging to an investigation. Any suchrequest should be reviewed carefully, but by an independent body such as a judge in the case of policeevidence. But any such video or audio footage should be made available to anyone related to the footageor incident involved.

2.2 What are your thoughts on recent legislation passed by states making it a crime to videotapelaw enforcement officials in public places?

Oklahoma is a one party consent state, meaning that only one side of a conversation being recordedwhether in audio or video is required to consent to the recording. Any attempt to change those laws wouldviolate our rights and a needed protection for the people. Our police force are public servants and theyshould be accountable to the people they serve. Retaining our one party consent status would allow thepeople to protect themselves from corruption and abuse.

“Records of the legislature or of individual legislators are not subject to the [

Open Records] Act except for records kept and maintained on receipt and expenditure of any public funds reflecting all financial and business transactions relating

thereto.” 51 Okla. Stat. Supp. 2005 Art. 14A.3.2

2.3 What is your opinion on the current wording of the Oklahoma Open Records Act and theOklahoma Open Meeting Act and the exception provided for the Legislature of Oklahoma asstated in Oklahoma Statues?

All city, county and school government and agencies are required to comply with the open records act.There is not reason why our Legislative branch should not be held to the exact same standard. In order tohold our legislative members accountable, we need to have an open and accurate record of what they aredoing in office. I can see a need to

protect correspondence with individuals of a legislator’s constituency,

but any correspondence with registered lobbyists, state agencies and other legislators should be open topublic scrutiny.

2.4 What are your opinion regarding current regulations regarding lobbying in the State ofOklahoma? What are your plans for making sure that your time in office will be as transparent aspossible?

The state has made great strides in reducing lobbyist influence in the capital by reducing the amount alobbyist can gift to members of the legislature. But the state should provide protection for legislators whodo not wish to receive any gifts. Such efforts have been blocked in the past. I plan to work with other

members of the Legislative Branch and implement a “No Gift List” that would make it illegal for lobbyists

to give gifts to any legislator who has put their name on that list.

2.5 Please feel free to add any comments regarding your position on issues affectingtransparency that are facing the people of Oklahoma. If you are running for re-election pleaseinclude examples of bills that you have supported or opposed that would have affectedTransparency in Government.

While in office, I plan on writing legislation what would require the rewriting of our current bill trackingsoftware to a more user friendly format and opening the API so that 3

parties can write their ownsoftware to use this information. The information what will be made available would be the bill language,all amendments to a bill, result from committees, and all votes made on the legislation.

3.1 Currently many sources rank Oklahoma as having the worst Ballot Access laws in the nation.What is your opinion on the current status of Ballot Access in Oklahoma? Are you satisfied withthe current Ballot Access status in Oklahoma? If you are not satisfied with the current laws, whatare your goals for improving Ballot Access in our State?