House File 507 HOUSE FILE BY EICHHORN Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to a person's mental capacity to comprehend and 2 exercise the right to vote. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2239YH 80 5 rh/sh/8 PAG LIN 1 1 Section 1. Section 48A.2, subsection 3, Code 2003, is 1 2 amended to read as follows: 1 3 3. "Person who is incompetent to vote" means a person 1 4 described in section 222.2, subsection 4, or section 229.27, 1 5 subsection 2, who has been found to lack the mental capacity 1 6 to vote in a proceeding held pursuant to section 222.31, 1 7 229.27, or 633.556. 1 8 Sec. 2. Section 229.6, subsection 2, Code 2003, is amended 1 9 to read as follows: 1 10 2. State any other pertinent facts, including whether the 1 11 respondent lacks sufficient mental capacity to comprehend and 1 12 exercise the right to vote. 1 13 Sec. 3. Section 229.27, Code 2003, is amended by adding 1 14 the following new subsection: 1 15 NEW SUBSECTION. 5. If, upon completion of the hearing on 1 16 the person's competence pursuant to this section, the court 1 17 finds by clear and convincing evidence that the respondent is 1 18 incompetent, the court shall make a separate determination as 1 19 to the respondent's competency to vote. The court shall find 1 20 a respondent incompetent to vote only upon determining that 1 21 the person lacks sufficient mental capacity to comprehend and 1 22 exercise the right to vote. The clerk of the district court 1 23 shall notify the county commissioner of registration of the 1 24 appropriate county that such a person is incompetent to vote 1 25 as required by section 602.8102, subsection 15. 1 26 Sec. 4. Section 633.552, Code 2003, is amended by adding 1 27 the following new subsection: 1 28 NEW SUBSECTION. 6. Whether the person lacks sufficient 1 29 mental capacity to comprehend and exercise the right to vote. 1 30 Sec. 5. Section 633.556, subsection 1, Code 2003, is 1 31 amended to read as follows: 1 32 1. If the allegations of the petition as to the status of 1 33 the proposed ward and the necessity for the appointment of a 1 34 guardian are proved by clear and convincing evidence, the 1 35 court may appoint a guardian. If the court appoints a 2 1 guardian based upon mental incapacity of the proposed ward 2 2 because the proposed ward is a person described in section 2 3 222.2, subsection 4, or section 229.27, subsection 5, the 2 4 court shall make a separate determination as to the ward's 2 5 competency to vote. The court shall find a ward incompetent 2 6 to vote only upon determining that the person lacks sufficient 2 7 mental capacity to comprehend and exercise the right to vote. 2 8 EXPLANATION 2 9 This bill relates to a person's mental capacity to 2 10 comprehend and exercise the right to vote. 2 11 The bill allows any person who files an application for 2 12 involuntary hospitalization on a respondent's behalf and any 2 13 person who files a petition for appointment of a guardian on a 2 14 proposed ward's behalf to state in the application or petition 2 15 whether the respondent or the ward lacks sufficient mental 2 16 capacity to comprehend and exercise the right to vote. 2 17 The bill further provides that if a court in either 2 18 proceeding finds by clear and convincing evidence that the 2 19 respondent or proposed ward is mentally incompetent, the court 2 20 shall make a separate determination as to the person's 2 21 competency to vote. 2 22 LSB 2239YH 80 2 23 rh/sh/8