Senate File 152 - Introduced
SENATE FILE
BY KIBBIE, COURTNEY, QUIRMBACH,
STEWART, CONNOLLY, WOOD,
BEALL, RAGAN, FRAISE, DVORSKY,
DANIELSON, DOTZLER, HORN,
SENG, HANCOCK, DEARDEN, RIELLY,
BOLKCOM, HATCH, KREIMAN,
SCHOENJAHN, BLACK, and GRONSTAL
(COMPANION TO LSB 2158HH
BY MASCHER)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for special late voter registration to enable an
2 eligible elector to vote at the polling place on election day
3 and providing a durational residency requirement for voting.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2158ST 81
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PAG LIN
1 1 Section 1. Section 48A.5, Code 2005, is amended by adding
1 2 the following new subsection:
1 3 NEW SUBSECTION. 3A. If a person is registering under the
1 4 provisions of section 48A.9A, the person shall be a resident
1 5 of the county in which the election is held for ten days
1 6 immediately preceding the election, subject to the provisions
1 7 of subsection 3 and section 48A.27, subsection 2, paragraph
1 8 "a", subparagraph (3).
1 9 Sec. 2. Section 48A.9, subsection 1, Code 2005, is amended
1 10 to read as follows:
1 11 1. Registration closes at five p.m. eleven days before
1 12 each election except primary and general elections. For
1 13 primary and general elections, registration closes at five
1 14 p.m. ten days before the election. An eligible elector may
1 15 register during the time registration is closed in the
1 16 elector's precinct but the registration shall not become
1 17 effective until registration opens again in the elector's
1 18 precinct unless the elector obtains an affidavit of special
1 19 late registration as provided in section 48A.9A.
1 20 Sec. 3. NEW SECTION. 48A.9A SPECIAL LATE REGISTRATION.
1 21 1. Notwithstanding the voter registration deadlines in
1 22 section 48A.9, an eligible elector may register in person to
1 23 vote on any day after registration has closed in the elector's
1 24 precinct, including on election day.
1 25 2. The commissioner shall record the information required
1 26 of an eligible elector on the election register for the county
1 27 precinct of the eligible elector or shall provide a separate
1 28 listing of the information required of an eligible elector to
1 29 the county precinct of the eligible elector who registers in
1 30 person at the commissioner's office or at any alternative
1 31 location designated by the commissioner for special late
1 32 registration on any day after registration has closed in the
1 33 elector's precinct, including on election day.
1 34 3. If the commissioner is unable to make available to a
1 35 county precinct the information required of an eligible
2 1 elector who registers through special late registration
2 2 procedures, on the election register of a county precinct or
2 3 through the provision of a separate listing of the eligible
2 4 electors who register through special late registration
2 5 procedures, an eligible elector may obtain from the
2 6 commissioner of registration a form of affidavit prescribed by
2 7 the state commissioner of elections to serve as evidence of
2 8 special late registration. If the affidavit is completed by
2 9 the elector and notarized by the commissioner of registration,
2 10 the elector is deemed registered under special late
2 11 registration procedures and may present the affidavit at the
2 12 elector's polling place on election day as proof that the
2 13 elector is registered to vote. The election officials of the
2 14 elector's precinct shall accept the elector's affidavit of
2 15 special late registration and shall proceed as if the
2 16 elector's name were listed in the election register.
2 17 The election officials shall preserve all affidavits
2 18 submitted pursuant to this section and forward them to the
2 19 commissioner of registration at the time the election register
2 20 is returned. A registration under this section is subject to
2 21 verification as provided in section 48A.26.
2 22 4. The commissioner may designate alternative locations,
2 23 in addition to the commissioner's office, to provide access to
2 24 special late registration procedures. The commissioner shall
2 25 designate each polling place as a special late registration
2 26 location. At the polling place, the commissioner or an
2 27 employee of the commissioner shall process special late
2 28 registrations at a table separate from the precinct election
2 29 officials, in order to reduce congestion at the polling place
2 30 and to avoid discouraging voters from casting a ballot.
2 31 Sec. 4. Section 48A.11, subsection 1, paragraph c, Code
2 32 2005, is amended to read as follows:
2 33 c. The address at which the registrant resides and claims
2 34 as the registrant's residence for voting purposes. The
2 35 commissioner may require proof of residency if the registrant
3 1 is registering pursuant to section 48A.9A. The state
3 2 commissioner of elections shall designate which documents are
3 3 acceptable to show proof of residency.
3 4 Sec. 5. Section 48A.26, subsections 1 and 6, Code 2005,
3 5 are amended to read as follows:
3 6 1. Within seven working days of receipt of a voter
3 7 registration form or change of information in a voter
3 8 registration record the commissioner shall send an
3 9 acknowledgment to the registrant at the mailing address shown
3 10 on the registration form. However, in the case of special
3 11 late registrations, the commissioner shall send the
3 12 acknowledgment within ten days of receipt of the special late
3 13 registration. The acknowledgment shall be sent by
3 14 nonforwardable mail.
3 15 6. If the acknowledgment is returned as undeliverable by
3 16 the United States postal service, the commissioner shall
3 17 follow the procedure described in section 48A.29, subsection
3 18 1. However, if the acknowledgment mailed for a special late
3 19 registration is returned as undeliverable by the postal
3 20 service, the commissioner shall cancel the registration and
3 21 shall immediately notify the state commissioner of
3 22 registration and the county attorney.
3 23 Sec. 6. Section 48A.26, Code 2005, is amended by adding
3 24 the following new subsection:
3 25 NEW SUBSECTION. 1A. Within ten working days after
3 26 receiving a special late registration pursuant to section
3 27 48A.9A, the commissioner shall send an acknowledgment to the
3 28 registrant at the mailing address shown on the registration
3 29 form. The acknowledgment shall be sent by nonforwardable
3 30 mail.
3 31 Sec. 7. Section 48A.30, subsection 1, Code 2005, is
3 32 amended by adding the following new paragraph:
3 33 NEW PARAGRAPH. g. The acknowledgment of a voter who
3 34 registered to vote under the special late registration
3 35 provisions is returned pursuant to section 48A.29, subsection
4 1 1 or 2.
4 2 Sec. 8. Section 49.77, Code 2005, is amended by adding the
4 3 following new subsection:
4 4 NEW SUBSECTION. 6. A person whose name does not appear on
4 5 the election register of the precinct who registers under
4 6 section 48A.9A shall be allowed to cast a ballot and the
4 7 precinct election official is not under a duty to require that
4 8 the ballot be cast under section 49.81.
4 9 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection
4 10 3, shall not apply to this Act.
4 11 EXPLANATION
4 12 This bill provides for a special late voter registration
4 13 procedure which would enable an eligible elector to vote at
4 14 the polling place on election day. The person is required to
4 15 have been a resident of the county in which the election is
4 16 held for 10 days immediately preceding the election. The
4 17 person is also required to show proof of residency when
4 18 registering. The state commissioner of elections, i.e., the
4 19 secretary of state, shall designate which documents are
4 20 acceptable to show proof of residency.
4 21 The bill provides for the issuance of special late
4 22 registration affidavits to serve as proof of voting
4 23 eligibility if the county commissioner of registration is
4 24 unable to make the information required of an eligible elector
4 25 available on the election register of a county precinct.
4 26 The bill requires the county commissioner to mail
4 27 acknowledgment to the late registrant within 10 days of
4 28 registering. If the acknowledgment is returned as
4 29 undeliverable by the postal service, the commissioner is
4 30 directed to cancel the registration and immediately notify the
4 31 state commissioner of registration and the county attorney.
4 32 The bill may include a state mandate as defined in Code
4 33 section 25B.3. The bill makes inapplicable Code section
4 34 25B.2, subsection 3, which would relieve a political
4 35 subdivision from complying with a state mandate if funding for
5 1 the cost of the state mandate is not provided or specified.
5 2 Therefore, political subdivisions are required to comply with
5 3 any state mandate included in the bill.
5 4 LSB 2158ST 81
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