House File 28 - Introduced HOUSE FILE 28 BY WESSEL-KROESCHELL A BILL FOR An Act permitting electronic voter registration and including 1 penalties and effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1574YH (3) 86 aw/sc
H.F. 28 Section 1. Section 39A.2, subsection 1, paragraph a, 1 subparagraph (2), Code 2015, is amended to read as follows: 2 (2) Falsely swears to an oath required pursuant to section 3 48A.7A or section 48A.8A . 4 Sec. 2. NEW SECTION . 48A.8A Electronic registration. 5 1. An eligible elector may apply to register to vote by 6 electronic means by completing and submitting an electronic 7 voter registration form provided through the state commissioner 8 of elections’ internet site. A county commissioner of 9 registration’s internet site may provide an electronic link 10 to the electronic voter registration form provided under this 11 subsection. 12 2. An electronic voter registration form completed pursuant 13 to this section shall require that a registrant: 14 a. Provide the information as required pursuant to section 15 48A.11. 16 b. Have an Iowa driver’s license, Iowa nonoperator’s 17 identification card, a social security number, or an 18 identification number provided pursuant to section 48A.11, 19 subsection 8. 20 c. Attest to a statement that lists each eligibility 21 requirement, that the registrant meets all of the requirements, 22 and acknowledges that the registrant is required to provide an 23 electronic signature, consistent with electronic signatures as 24 defined in section 554D.103, to complete registration under 25 this section. 26 d. Sign the electronic voter registration form in a manner 27 consistent with electronic signatures as defined in section 28 554D.103. 29 e. Affirmatively authorize the state commissioner of 30 elections to use the registrant’s signature obtained from 31 the department of transportation or from a commissioner of 32 registration for voter registration purposes. 33 f. In order for a registrant to register under this section, 34 the state commissioner of elections shall verify that the Iowa 35 -1- LSB 1574YH (3) 86 aw/sc 1/ 5
H.F. 28 driver’s license number, Iowa nonoperator’s identification card 1 number, last four numerals of the registrant’s social security 2 number, or the unique identifying number, and date of birth 3 provided by the registrant match the information contained in 4 department of transportation records or in commissioner of 5 registration records. 6 3. a. The department of transportation shall, upon 7 request, provide to the state commissioner of elections a copy 8 of the registrant’s signature in electronic format, if the 9 registrant’s signature is on record with the department of 10 transportation. 11 b. A commissioner of registration shall, upon request, 12 provide to the state commissioner of elections a copy of 13 the registrant’s signature in electronic format, if the 14 registrant’s signature is accepted and on record with the 15 commissioner of registration pursuant to section 48A.13. 16 4. a. The state commissioner of elections shall transmit 17 to the appropriate commissioner of registration a registrant’s 18 completed voter registration form and electronic signature not 19 later than five business days after the date of electronic 20 submission of the form by the registrant. 21 b. The state commissioner of elections shall notify the 22 registrant by mail within five business days if a copy of 23 the registrant’s signature cannot be obtained by the state 24 commissioner of elections in electronic format pursuant to 25 subsection 3. The state commissioner of elections shall 26 include a voter registration form with the notice. 27 5. An electronic voter registration form completed under 28 this section shall be accompanied by the following statement 29 featured prominently on the internet site in boldface capital 30 letters: 31 WARNING: I UNDERSTAND THAT ANY FALSE STATEMENT IN THIS OATH 32 IS A CLASS “D” FELONY PUNISHABLE BY NO MORE THAN FIVE YEARS IN 33 CONFINEMENT AND A FINE OF AT LEAST SEVEN HUNDRED FIFTY DOLLARS 34 BUT NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS. 35 -2- LSB 1574YH (3) 86 aw/sc 2/ 5
H.F. 28 6. An eligible elector who registers pursuant to this 1 section and who has not previously voted in an election for 2 federal office in the county of registration shall be treated 3 as a registrant by mail and is subject to the provisions of 4 section 48A.8, subsections 2 through 4. 5 Sec. 3. Section 48A.27, subsection 2, paragraph a, Code 6 2015, is amended by adding the following new subparagraph: 7 NEW SUBPARAGRAPH . (6) A voter registration form submitted 8 as provided in section 48A.8A. 9 Sec. 4. EFFECTIVE DATE. This Act takes effect January 1, 10 2016. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill permits electronic voter registration from the 15 state commissioner of elections’ internet site. 16 The bill allows an eligible elector to apply to register 17 to vote by electronic means by completing and submitting an 18 electronic voter registration form provided on the internet 19 site for the state commissioner of elections (secretary of 20 state). 21 The bill requires that an electronic voter registration 22 form provide all information that is currently required on 23 printed voter registration forms. The bill also requires that 24 a registrant seeking to use the electronic voter registration 25 form have an Iowa driver’s license, Iowa nonoperator’s 26 identification card, a social security number, or a unique 27 identifying number assigned to the registrant for voter 28 registration purposes. 29 The bill requires that a registrant attest to a statement 30 that lists each voter registration eligibility requirement, 31 that the registrant meets all of the requirements, and 32 acknowledges that the registrant must provide an electronic 33 signature, consistent with the definition of that term in Code 34 chapter 554D (electronic transactions —— computer agreements) 35 -3- LSB 1574YH (3) 86 aw/sc 3/ 5
H.F. 28 as part of the uniform electronic transactions Act. The bill 1 further requires that a registrant sign the electronic voter 2 registration form using such an electronic signature. 3 The bill requires that the registrant authorize the 4 state commissioner of elections to use the applicant’s 5 signature obtained from the department of transportation or a 6 commissioner of registration for voter registration purposes. 7 The state commissioner of elections is required to notify a 8 registrant by mail within five business days if a copy of the 9 registrant’s signature cannot be obtained and is required to 10 include a voter registration form with that notice. 11 The bill requires that the state commissioner of elections 12 verify that the Iowa driver’s license, Iowa nonoperator’s 13 identification card, last four numerals of the registrant’s 14 social security number, or unique identifying number, and date 15 of birth provided by the registrant match the information 16 contained in department of transportation records or in 17 commissioner of registration records. The bill requires the 18 state commissioner of elections to transmit to the appropriate 19 commissioner of registration a registrant’s completed voter 20 registration application and electronic signature not later 21 than five business days after the date of submission of the 22 application and signature. 23 The bill requires that the electronic registration form be 24 accompanied by a statement featured prominently in boldface 25 capital letters informing the registrant of the penalty 26 for providing false information on a voter registration 27 application. 28 The bill also requires that an electronic voter registration 29 registrant who has not previously voted in an election for 30 federal office in the county of registration must follow the 31 voting requirements of Code section 48A.8 for registrants 32 submitting applications by mail under current law and who have 33 not previously voted in an election for federal office in the 34 county of registration. These provisions under current law 35 -4- LSB 1574YH (3) 86 aw/sc 4/ 5
H.F. 28 require that a mail registrant who has not previously voted in 1 an election for federal office in the county of registration 2 shall be required to provide identification documents when 3 voting for the first time in the county, unless the registrant 4 provided on the registration form the registrant’s Iowa 5 driver’s license number, the registrant’s Iowa nonoperator’s 6 identification card number, or the last four numerals of the 7 registrant’s social security number and such information 8 provided matches an existing state or federal identification 9 record with the same number, name, and date of birth. Code 10 section 48A.8 also provides that a registrant who votes in 11 person at the polls or by absentee ballot at the commissioner’s 12 office or at a satellite voting station shall provide a form of 13 identification specified in that Code section. Code section 14 48A.8 also requires that if a registrant is voting for the 15 first time following mail registration and votes an absentee 16 ballot by mail, the registrant shall provide a photocopy of the 17 identification document when returning the absentee ballot. 18 Code section 48A.8 allows a registrant voting in person for the 19 first time following submission of a registration form by mail 20 to vote a provisional ballot if the voter does not provide the 21 required identification documents. 22 The bill extends the category for the crime of voter 23 registration fraud to include fraudulent electronic 24 registration. Registration fraud is a class “D” felony. A 25 class “D” felony is punishable by confinement for no more than 26 five years and a fine of at least $750 but not more than $7,500. 27 The bill takes effect January 1, 2016. 28 -5- LSB 1574YH (3) 86 aw/sc 5/ 5