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