Senate File 387 - Introduced SENATE FILE 387 BY DIX , BEHN , ZUMBACH , SINCLAIR , COSTELLO , GARRETT , BREITBACH , SCHULTZ , SEGEBART , JOHNSON , KAPUCIAN , SMITH , ROZENBOOM , GUTH , CHAPMAN , BERTRAND , SHIPLEY , KRAAYENBRINK , WHITVER , CHELGREN , SCHNEIDER , ZAUN , FEENSTRA , and ANDERSON A BILL FOR An Act relating to proof of identification and proof of 1 residence in order to register to vote or to vote, 2 establishing a criminal offense for falsely swearing 3 certain oaths and affidavits, and including applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1689XS (7) 86 aw/sc

S.F. 387 DIVISION I 1 VOTER IDENTIFICATION REQUIREMENTS 2 Section 1. Section 39A.2, subsection 1, paragraph b, Code 3 2015, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (6) Falsely swears to an oath required 5 pursuant to section 49.77, subsection 3, or an affidavit 6 pursuant to section 49.81, subsection 5, paragraph “b” . 7 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 8 2015, is amended to read as follows: 9 a. A person who is eligible to register to vote and to vote 10 may register on election day by appearing in person at the 11 polling place for the precinct in which the individual resides 12 and completing a voter registration application, making written 13 oath, and providing proof of identity and residence proof of 14 residence pursuant to paragraph “b” . 15 Sec. 3. Section 48A.7A, subsection 1, paragraph b, Code 16 2015, is amended by striking the paragraph and inserting in 17 lieu thereof the following: 18 b. (1) For purposes of this section, a person may establish 19 identity by showing proof of identification as required in 20 section 49.77, subsection 3. 21 (2) For purposes of this section, a person may establish 22 proof of residence using a proof of identification document 23 described in section 49.77, subsection 3, paragraph “b” , if 24 the proof of identification contains the person’s current 25 address in the precinct. If the proof of identification does 26 not contain the person’s current address in the precinct, to 27 establish proof of residence the person shall also present one 28 of the following documents that shows the person’s name and 29 current address in the precinct: 30 (a) Utility bill. 31 (b) Bank statement. 32 (c) Paycheck. 33 (d) Government check. 34 (e) Other government document. 35 -1- LSB 1689XS (7) 86 aw/sc 1/ 14

S.F. 387 Sec. 4. Section 48A.7A, subsections 2 and 3, Code 2015, are 1 amended to read as follows: 2 2. The oath required in subsection 1 , paragraph “a” , and 3 in paragraph “c” , if applicable, shall be executed on the 4 same piece of paper and attached to the voter registration 5 application. 6 3. At any time before election day, and after the deadline 7 for registration in section 48A.9 , a person who appears in 8 person at the commissioner’s office or at a satellite absentee 9 voting station or whose ballot is delivered to a health care 10 facility pursuant to section 53.22 may register to vote and 11 vote an absentee ballot by following the procedure in this 12 section for registering to vote on election day. A person who 13 wishes to vote in person at the polling place on election day 14 and who has not registered to vote before the deadline for 15 registering in section 48A.9 , is required to register to vote 16 at the polling place on election day following the procedure 17 in this section . However, the person may complete the voter 18 registration application at the commissioner’s office and, 19 after the commissioner has reviewed the completed application, 20 may present the application to the appropriate precinct 21 election official along with proof of identity and residency 22 identification and proof of residence . 23 Sec. 5. Section 49.53, subsection 1, Code 2015, is amended 24 to read as follows: 25 1. The commissioner shall not less than four nor more than 26 twenty days before the day of each election, except those for 27 which different publication requirements are prescribed by law, 28 publish notice of the election. The notice shall contain a 29 facsimile of the portion of the ballot containing the first 30 rotation as prescribed by section 49.31, subsection 2 , and 31 shall show the names of all candidates or nominees and the 32 office each seeks, and all public questions, to be voted upon 33 at the election. The sample ballot published as a part of the 34 notice may at the discretion of the commissioner be reduced in 35 -2- LSB 1689XS (7) 86 aw/sc 2/ 14

S.F. 387 size relative to the actual ballot but such reduction shall not 1 cause upper case letters appearing in candidates’ names or in 2 summaries of public measures on the published sample ballot to 3 be less than nine point type. The notice shall also state the 4 date of the election, the hours the polls will be open, that 5 all voters will be required to show proof of identification 6 before casting a ballot, the location of each polling place at 7 which voting is to occur in the election, and the names of the 8 precincts voting at each polling place, but the statement need 9 not set forth any fact which is apparent from the portion of 10 the ballot appearing as a part of the same notice. The notice 11 shall include the full text of all public measures to be voted 12 upon at the election. 13 Sec. 6. Section 49.77, subsection 3, Code 2015, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 3. a. A precinct election official shall require the voter 17 to present for inspection proof of identification before being 18 allowed to vote. 19 b. For purposes of this section, “proof of identification” 20 refers to a document that satisfies all of the following: 21 (1) The document shows the name of the individual to whom 22 the document was issued which shall conform to the name on the 23 election register. 24 (2) The document shows a photograph of the individual to 25 whom it was issued. 26 (3) The document was issued by the government of the 27 United States, the state of Iowa, an Iowa public or private 28 university or college, an Iowa secondary school, or a political 29 subdivision of the state of Iowa. In the case of a document 30 issued by a political subdivision, the document shall be 31 issued not later than the close of voter registration for 32 the applicable election as set forth in section 48A.9 and 33 shall meet all other requirements established by the state 34 commissioner by rule. 35 -3- LSB 1689XS (7) 86 aw/sc 3/ 14

S.F. 387 c. In lieu of paragraph “b” , a person wishing to vote may 1 establish proof of identity by written oath of the person 2 wishing to vote and of an attesting person who provides proof 3 of identification pursuant to paragraph “b” . The oath shall be 4 in the form prescribed by the state commissioner of elections 5 and shall state the identity and attest to the stated identity 6 of the person wishing to vote. The oath must be signed by the 7 attesting person and the person wishing to vote in the presence 8 of the appropriate precinct election official. A person who 9 has signed an oath attesting to a person’s identity as provided 10 in this paragraph is prohibited from signing any further oaths 11 as provided in this paragraph for the same election. The oath 12 shall advise the person wishing to vote and the attesting 13 person that falsely signing such an oath or falsely attesting 14 to a voter’s identity is a class “D” felony. 15 d. The commissioner shall, within forty-five days after 16 each election, review all attestations received under this 17 subsection and if any individual is found to have attested for 18 more than one voter in a particular election, the commissioner 19 shall immediately notify the state commissioner and the county 20 attorney. 21 Sec. 7. Section 49.77, Code 2015, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 3A. a. If proof of identification or proof 24 of identity is established under subsection 3, the person shall 25 be allowed to vote. 26 b. If a person is unable or refuses to present proof of 27 identification, or the precinct election official determines 28 the proof of identification presented by the person does 29 not qualify as proof of identification under subsection 30 3, paragraph “b” , or proof of identity under subsection 3, 31 paragraph “c” , the person shall be offered the option to vote a 32 ballot, but only in accordance with section 49.81. 33 Sec. 8. Section 49.77, subsection 4, paragraph a, Code 2015, 34 is amended to read as follows: 35 -4- LSB 1689XS (7) 86 aw/sc 4/ 14

S.F. 387 a. A person whose name does not appear on the election 1 register of the precinct in which that person claims the right 2 to vote shall not be permitted to vote, unless the person 3 affirms that the person is currently registered in the county 4 and presents proof of identity, or the commissioner informs 5 the precinct election officials that an error has occurred 6 and that the person is a registered voter of that precinct , 7 and the person presents proof of identification pursuant to 8 subsection 3 . If the commissioner finds no record of the 9 person’s registration but the person insists that the person 10 is a registered voter of that precinct, the precinct election 11 officials shall allow the person to cast a ballot in the manner 12 prescribed by section 49.81 . 13 Sec. 9. Section 49.81, subsection 1, Code 2015, is amended 14 to read as follows: 15 1. A prospective voter who is prohibited under section 16 48A.8, subsection 4 , section 49.77, subsection 3A, paragraph 17 “b” , section 49.77, subsection 4 , section 49.80 , or section 18 53.19, subsection 3 , or section 53.22, subsection 1, paragraph 19 “d” , from voting except under this section shall be notified by 20 the appropriate precinct election official that the voter may 21 cast a provisional ballot. The voter shall mark the ballot and 22 immediately seal it in an envelope of the type prescribed by 23 subsection 4 . The voter shall deliver the sealed envelope to a 24 precinct election official who shall deposit it in an envelope 25 marked “provisional ballots”. The ballot shall be considered 26 as having been cast in the special precinct established by 27 section 53.20 for purposes of the postelection canvass. 28 Sec. 10. Section 49.81, subsection 2, paragraph b, Code 29 2015, is amended to read as follows: 30 b. If the person is casting a provisional ballot because 31 the person failed was unable or refused to provide a required 32 form of identification pursuant to section 48A.8, subsection 33 4, section 49.77, subsection 3A, paragraph “b” , section 49.77, 34 subsection 4, or section 53.22, subsection 1, paragraph “d” , a 35 -5- LSB 1689XS (7) 86 aw/sc 5/ 14

S.F. 387 list of the types of acceptable identification and notification 1 that the person must show identification before the ballot can 2 be counted. 3 Sec. 11. Section 49.81, Code 2015, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 5. a. If a voter casts a provisional 6 ballot pursuant to section 49.77, subsection 3A, paragraph 7 “b” , the precinct election official shall indicate on the 8 provisional ballot envelope that the voter is casting a 9 provisional ballot due to the voter’s inability or refusal to 10 present proof of identification. 11 b. At the time a provisional ballot is cast the voter may 12 also execute an affidavit in the form prescribed by the state 13 commissioner which shall be attached to the provisional ballot 14 envelope, affirming that the voter is the person the voter 15 claims to be and further affirming either of the following: 16 (1) The voter is indigent and is unable to obtain proof of 17 identification without the payment of a fee. 18 (2) The voter has a religious objection to being 19 photographed. 20 c. A provisional ballot cast pursuant to section 49.77, 21 subsection 3A, paragraph “b” , which is accompanied by an 22 affidavit executed pursuant to paragraph “b” of this subsection 23 shall be presumed valid by the special precinct board and 24 shall be counted unless additional written statements or 25 documents are delivered to the commissioner’s office prior to 26 the date provisional ballots are considered by the special 27 precinct election board and the special precinct election board 28 determines such additional evidence successfully rebuts the 29 presumption of validity. 30 Sec. 12. Section 53.10, subsection 2, Code 2015, is amended 31 to read as follows: 32 2. Each person who wishes to vote by absentee ballot at 33 the commissioner’s office shall first sign an application for 34 a ballot including the following information: name, current 35 -6- LSB 1689XS (7) 86 aw/sc 6/ 14

S.F. 387 address, and the election for which the ballot is requested. 1 The person may report a change of address or other information 2 on the person’s voter registration record at that time. The 3 person must also provide proof of identification pursuant to 4 section 49.77, subsection 3, or be offered the option to vote 5 a provisional ballot pursuant to section 49.77, subsection 6 3A, paragraph “b” , before receiving an absentee ballot. Upon 7 receipt of the absentee ballot, the registered voter shall 8 immediately mark the ballot; enclose the ballot in a secrecy 9 envelope, if necessary, and seal it in the envelope marked 10 with the affidavit; subscribe to the affidavit on the reverse 11 side of the envelope; and return the absentee ballot to the 12 commissioner. The commissioner shall record the numbers 13 appearing on the application and affidavit envelope along with 14 the name of the registered voter. 15 Sec. 13. Section 53.22, subsection 1, Code 2015, is amended 16 by adding the following new paragraph: 17 NEW PARAGRAPH . d. Before receiving a ballot under 18 this subsection, each applicant shall present proof of 19 identification pursuant to section 49.77, subsection 3, to 20 the special precinct election board members. If an applicant 21 is unable to present proof of identification, the applicant 22 shall have an opportunity to execute an affidavit in the form 23 prescribed by the state commissioner of elections affirming 24 that the voter does not have and is unable to obtain proof of 25 identification and that the voter resides in a hospital or 26 health care facility and is casting a ballot pursuant to this 27 section. If the applicant refuses to execute an affidavit, the 28 voter’s ballot shall be considered a provisional ballot cast 29 pursuant to section 49.81. 30 Sec. 14. Section 321.190, subsection 1, paragraph d, Code 31 2015, is amended to read as follows: 32 d. The fee for a nonoperator’s identification card shall 33 be eight dollars and the card shall be valid for a period of 34 eight years from the date of issuance. If an applicant for 35 -7- LSB 1689XS (7) 86 aw/sc 7/ 14

S.F. 387 a nonoperator’s identification card is a foreign national 1 who is temporarily present in this state, the nonoperator’s 2 identification card shall be issued only for the length of time 3 the foreign national is authorized to be present as determined 4 by the department, not to exceed two years. An issuance fee 5 shall not be charged for a person whose driver’s license or 6 driving privilege has been suspended under section 321.210, 7 subsection 1 , paragraph “a” , subparagraph (3), or voluntarily 8 surrendered by the person in lieu of suspension under section 9 321.210, subsection 1 , paragraph “a” , subparagraph (3), or 10 for a person obtaining an identification card to be used 11 under section 49.77, subsection 3, for voting purposes. 12 Identification cards obtained for voting purposes shall be 13 labeled by the department as “For Voting Purposes Only” . 14 DIVISION II 15 CONFORMING PROVISIONS 16 Sec. 15. Section 48A.8, subsection 2, unnumbered paragraph 17 1, Code 2015, is amended to read as follows: 18 An eligible elector who registers by mail and who has 19 not previously voted in an election for federal office in 20 the county of registration shall be required to provide 21 additional identification documents when voting for the first 22 time in the county, unless the registrant provided on the 23 registration form the registrant’s Iowa driver’s license 24 number, or the registrant’s Iowa nonoperator’s identification 25 card number, or the last four numerals of the registrant’s 26 social security number and the driver’s license, nonoperator’s 27 identification, or partial social security number matches 28 an existing state or federal identification record with the 29 same number, name, and date of birth. If the registrant 30 is required to show additional identification under this 31 subsection and votes in person at the polls, or by absentee 32 ballot at the commissioner’s office or at a satellite voting 33 station, the registrant shall provide a current and valid 34 photo identification card, or shall present to the appropriate 35 -8- LSB 1689XS (7) 86 aw/sc 8/ 14

S.F. 387 election official one of the following current documents that 1 shows the name and address of the registrant: 2 Sec. 16. Section 48A.8, subsection 4, Code 2015, is amended 3 to read as follows: 4 4. A registrant under subsection 2 who is required to 5 present additional identification when casting a ballot in 6 person shall be permitted to vote a provisional ballot if the 7 voter does not provide the required additional identification 8 documents pursuant to subsection 2 . If a voter who is required 9 to present such additional identification when casting a ballot 10 votes an absentee ballot by mail, the ballot returned by the 11 voter shall be considered a provisional ballot pursuant to 12 sections 49.81 and 53.31 . 13 Sec. 17. Section 48A.27, subsection 4, paragraph c, 14 subparagraph (2), Code 2015, is amended to read as follows: 15 (2) The notice shall contain a statement in substantially 16 the following form: 17 Information received from the United States postal service 18 indicates that you are no longer a resident of, and therefore 19 not eligible to vote in (name of county) County, Iowa. If this 20 information is not correct, and you still live in (name of 21 county) County, please complete and mail the attached postage 22 paid card at least ten days before the primary or general 23 election and at least eleven days before any other election at 24 which you wish to vote. If the information is correct and you 25 have moved, please contact a local official in your new area 26 for assistance in registering there. If you do not mail in 27 the card, you may be required to show identification before 28 being allowed to vote in (name of county) County. If you do not 29 return the card, and you do not vote in an election in (name 30 of county) County, Iowa, on or before (date of second general 31 election following the date of the notice) your name will be 32 removed from the list of voters in that county. 33 Sec. 18. Section 48A.29, subsection 1, paragraph b, Code 34 2015, is amended to read as follows: 35 -9- LSB 1689XS (7) 86 aw/sc 9/ 14

S.F. 387 b. The notice shall contain a statement in substantially the 1 following form: 2 Information received from the United States postal service 3 indicates that you are no longer a resident of (residence 4 address) in (name of county) County, Iowa. If this information 5 is not correct, and you still live in (name of county) County, 6 please complete and mail the attached postage paid card at 7 least ten days before the primary or general election and at 8 least eleven days before any other election at which you wish 9 to vote. If the information is correct, and you have moved, 10 please contact a local official in your new area for assistance 11 in registering there. If you do not mail in the card, you may 12 be required to show identification before being allowed to vote 13 in (name of county) County. If you do not return the card, and 14 you do not vote in some election in (name of county) County, 15 Iowa, on or before (date of second general election following 16 the date of the notice) your name will be removed from the list 17 of voters in that county. 18 Sec. 19. Section 48A.29, subsection 3, paragraph b, Code 19 2015, is amended to read as follows: 20 b. The notice shall contain a statement in substantially the 21 following form: 22 Information received by this office indicates that you are no 23 longer a resident of (residence address) in (name of county) 24 County, Iowa. If the information is not correct, and you still 25 live at that address, please complete and mail the attached 26 postage paid card at least ten days before the primary or 27 general election and at least eleven days before any other 28 election at which you wish to vote. If the information is 29 correct, and you have moved within the county, you may update 30 your registration by listing your new address on the card and 31 mailing it back. If you have moved outside the county, please 32 contact a local official in your new area for assistance in 33 registering there. If you do not mail in the card, you may be 34 required to show identification before being allowed to vote in 35 -10- LSB 1689XS (7) 86 aw/sc 10/ 14

S.F. 387 (name of county) County. If you do not return the card, and you 1 do not vote in some election in (name of county) County, Iowa, 2 on or before (date of second general election following the 3 date of the notice) your name will be removed from the list of 4 registered voters in that county. 5 DIVISION III 6 APPLICABILITY 7 Sec. 20. APPLICABILITY. This Act applies to elections held 8 on or after January 1, 2017. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill requires that a person provide certain proof of 13 identification at the time that the person votes and modifies 14 proof of identification and proof of residence requirements for 15 election day and in-person absentee registration. 16 Division I of the bill modifies the proof of identification 17 and proof of residence requirements for election day and 18 in-person absentee registration. The bill requires that 19 acceptable proof of identification is the same proof of 20 identification required of a voter who is already registered 21 to vote. The bill removes residential leases and property tax 22 statements from the list of acceptable documents to provide 23 proof of residence for election day and in-person absentee 24 registration. 25 The bill maintains current law allowing a person wishing 26 to register to vote on election day, or in person when voting 27 an absentee ballot, to establish proof of identity and proof 28 of residence by written oath of a person who is registered to 29 vote in the precinct, but requires that the oath of the person 30 wishing to vote and the registered voter’s oath be executed on 31 the same piece of paper. 32 The bill requires that a voter provide proof of 33 identification to a precinct election official before being 34 allowed to vote, and also requires that a person wishing to 35 -11- LSB 1689XS (7) 86 aw/sc 11/ 14

S.F. 387 vote by absentee ballot at a county commissioner of elections 1 office or at a satellite absentee voting station present 2 the same proof of identification. The bill requires that 3 acceptable proof of identification show the name of the 4 individual voter, include a photograph of the voter, and be 5 issued by the government of the United States, the state of 6 Iowa, an Iowa public or private university or college, an Iowa 7 secondary school, or a political subdivision of the state. 8 The bill provides that, in lieu of providing identification 9 in order to vote, a person may establish proof of identity by 10 written oath of the person wishing to vote and of a person who 11 provides their own proof of identification and who attests 12 to the voter’s identity. The bill provides that the oath 13 shall be in the form prescribed by the state commissioner of 14 elections, and that the oath shall state the identity of the 15 person wishing to vote and shall attest to the stated identity 16 of the person wishing to vote. The bill requires that the oath 17 be signed by both the attesting person and the person wishing 18 to vote. The bill makes it a class “D” felony to falsely sign 19 an oath pursuant to this provision or to falsely attest to a 20 voter’s identity. The bill requires that the oath advise both 21 persons that falsely stating or attesting to a voter’s identity 22 is a class “D” felony. A class “D” felony is punishable by 23 confinement for no more than five years and a fine of at least 24 $750 but not more than $7,500. The bill provides that an 25 attesting person is prohibited from signing any additional such 26 oaths for the same election. 27 The bill provides that if proof of identification is 28 established the person shall then be allowed to vote. If a 29 person is unable or refuses to present proof of identification, 30 or if the precinct election official determines that the 31 proof of identification does not meet specified requirements, 32 the person shall be offered the option to vote a provisional 33 ballot. If a person is casting a provisional ballot 34 under these circumstances, the person shall receive a 35 -12- LSB 1689XS (7) 86 aw/sc 12/ 14

S.F. 387 printed statement giving notice of the types of acceptable 1 identification and notice that the person is required to show 2 acceptable identification before the provisional ballot can be 3 counted unless the voter executes an affidavit pursuant to Code 4 section 49.81, subsection 5. If a voter casts a provisional 5 ballot for these reasons, the precinct election official shall 6 indicate on the provisional ballot that the voter is casting 7 a provisional ballot due to the voter’s inability or refusal 8 to present proof of identification. The bill provides that a 9 voter casting a provisional ballot for this reason may execute 10 an affidavit in the form prescribed by the state commissioner 11 of elections, affirming that the voter is the person the voter 12 claims to be and affirming that the voter is either indigent 13 and unable to obtain proof of identification without the 14 payment of a fee or that the voter has a religious objection to 15 being photographed. 16 The bill makes it a class “D” felony to falsify an affidavit 17 that attests to identity. A class “D” felony is punishable by 18 confinement for no more than five years and a fine of at least 19 $750 but not more than $7,500. The bill also provides that 20 any provisional ballot cast accompanied by such an affidavit 21 shall be presumed valid unless additional written statements 22 or documents are delivered to the county commissioner of 23 elections office prior to the date that provisional ballots 24 are considered and the precinct election board determines that 25 such additional evidence successfully rebuts the presumption 26 of validity. 27 The bill also makes changes to the election notice to be 28 published by the county commissioner of elections to require 29 that election notices include a statement that all voters will 30 be required to show proof of identification before casting a 31 ballot. 32 The bill requires that certain persons residing in a 33 hospital or health care facility who apply to vote by absentee 34 ballot shall present proof of identification. If the applicant 35 -13- LSB 1689XS (7) 86 aw/sc 13/ 14

S.F. 387 is unable to present proof of identification they shall be 1 allowed to execute an affidavit in the form prescribed by the 2 state commissioner of elections, stating that the voter does 3 not have and is unable to obtain proof of identification and 4 that the voter resides in a hospital or health care facility. 5 If the applicant refuses to execute such an affidavit and is 6 unable to present proof of identification, the voter is allowed 7 to cast a provisional ballot. 8 The bill also provides that a person obtaining a 9 nonoperator’s identification card for the purpose of voting 10 shall not be charged for the issuance of the nonoperator’s 11 identification card. The bill requires that nonoperator’s 12 identification cards issued to serve as proof of identification 13 for voting be labeled by the department as “For Voting Purposes 14 Only”. 15 Division II of the bill makes conforming changes to certain 16 required notices on forms related to voter registration and 17 registration by mail. 18 Division III of the bill provides that the bill applies to 19 elections held on or after January 1, 2017. 20 -14- LSB 1689XS (7) 86 aw/sc 14/ 14