S.F. 2031 Section 1. Section 48A.7, Code 2018, is amended to read as 1 follows: 2 48A.7 Registration in person. 3 An eligible elector may register to vote by appearing 4 personally and completing a voter registration form at the 5 office of the commissioner in the county in which the person 6 resides, at a motor vehicle driver’s license station, including 7 any county treasurer’s office that is participating in county 8 issuance of driver’s licenses under chapter 321M , or at any 9 voter registration agency. A For paper registration forms, 10 a separate voter registration form shall be signed by each 11 individual registrant. 12 Sec. 2. Section 48A.8, subsection 1, Code 2018, is amended 13 to read as follows: 14 1. An eligible elector may request that a voter registration 15 form be mailed to the elector. The completed form may be 16 mailed or delivered by the registrant or the registrant’s 17 designee to the commissioner in the county where the person 18 resides or to the state commissioner of elections for a 19 program participant, as provided in section 9E.6 . A For paper 20 registration forms, a separate voter registration form shall be 21 signed by each individual registrant. 22 Sec. 3. Section 48A.18, subsections 1 and 3, Code 2018, are 23 amended to read as follows: 24 1. Each state motor vehicle driver’s license application, 25 including any renewal application or application for a 26 nonoperator’s identification card, submitted to the office 27 of driver services of the state department of transportation 28 shall serve as an application for voter registration unless the 29 commissioner of registration determines that the applicant is 30 not an eligible elector or the applicant declines to register 31 to vote after receiving notification under subsection 4A . 32 A completed voter registration form application submitted 33 to the office of driver services of the state department of 34 transportation shall be considered to update any previous voter 35 -1- LSB 5130XS (2) 87 ss/rj 1/ 8

S.F. 2031 registration by the registrant. 1 3. Information relating to the refusal decision of an 2 applicant for a driver’s license to apply decline to register 3 to vote shall not be used for any purpose other than voter 4 registration. 5 Sec. 4. Section 48A.18, subsection 4, Code 2018, is amended 6 by striking the subsection and inserting in lieu thereof the 7 following: 8 4. a. The state voter registration commission shall 9 establish schedules by which the department of transportation 10 shall transmit to the state registrar of voters electronic 11 records containing the legal name, date of birth, residential 12 address, mailing address, and social security number for each 13 person submitting an application under this section. 14 b. The state voter registration commission shall establish 15 schedules by which the state registrar of voters shall make 16 accessible or transmit electronic records received under 17 paragraph “a” to the appropriate commissioner of registration. 18 c. The state commissioner of elections shall adopt rules, 19 consistent with section 9E.6, for the registration of address 20 confidentiality program participants. 21 d. The state voter registration commission, in consultation 22 with the department of transportation, shall adopt rules 23 pursuant to chapter 17A to administer and interpret this 24 section, including rules to establish electronic applications 25 and procedures used by the office of driver services for 26 voter registration purposes, rules to establish schedules for 27 transmission of electronic records and rules and forms to 28 decline being registered to vote. 29 Sec. 5. Section 48A.18, Code 2018, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 4A. a. (1) Upon receiving the electronic 32 record for a person under subsection 4, the state registrar 33 of voters shall transmit or otherwise make accessible the 34 electronic record of the person to the commissioner of 35 -2- LSB 5130XS (2) 87 ss/rj 2/ 8

S.F. 2031 registration where the person resides. Upon reviewing the 1 electronic record received from the state registrar of voters, 2 along with any other relevant information, the commissioner 3 shall determine if a person is an eligible elector of the 4 county. If the commissioner determines that a person is an 5 eligible elector of the county and is not registered to vote in 6 that county, the commissioner shall notify the person of the 7 separate processes to decline being registered to vote or to 8 declare a political party affiliation. 9 (2) If the person is registered to vote in the county, the 10 commissioner of registration shall use the electronic record 11 and information to update the person’s voter registration if 12 appropriate. 13 b. If a person notified under paragraph “a” does not decline 14 to be registered to vote within twenty-one calendar days after 15 the commissioner of registration issues the notification, 16 the person’s electronic record and the electronic signature 17 obtained by the department of transportation shall constitute 18 a completed voter registration form under section 48A.11, and 19 the commissioner shall register the person to vote in that 20 county. The commissioner shall send an acknowledgment pursuant 21 to section 48A.26. 22 c. A commissioner of registration shall not add a person 23 subject to registration under this subsection to a voter 24 registration list until at least twenty-one calendar days 25 after the commissioner has issued notification to the person 26 as described in paragraph “a” . 27 d. The electronic record and electronic signature of a 28 person who does not qualify as an eligible elector shall not 29 constitute a completed voter registration form under section 30 48A.11 and such a person’s application for a driver’s license 31 or nonoperator’s identification card shall not be considered 32 to be a voter registration application for purposes of section 33 39A.2, subsection 1, paragraph “a” . 34 Sec. 6. Section 48A.21, Code 2018, is amended to read as 35 -3- LSB 5130XS (2) 87 ss/rj 3/ 8

S.F. 2031 follows: 1 48A.21 Transmission of forms from agencies and driver’s 2 license stations . 3 The state registrar of voters shall adopt administrative 4 rules regulating the transmission of completed voter 5 registration forms from voter registration agencies and from 6 driver’s license stations, including county treasurer’s offices 7 participating in county issuance of driver’s licenses under 8 chapter 321M . All completed voter registration applications 9 in the possession of a voter registration agency , a driver’s 10 license station, or a county treasurer’s office that is 11 participating in county issuance of driver’s licenses at 5:00 12 p.m. on the last workday of each week shall be transmitted 13 to the location designated by the state registrar of voters 14 by rule. Procedures or requirements for more frequent 15 transmissions may be specified by rule. 16 Sec. 7. Section 48A.26, subsection 1, paragraph b, Code 17 2018, is amended to read as follows: 18 b. (1) For a voter registration form or change of 19 information in a voter registration record submitted at a 20 precinct caucus, the commissioner shall send an acknowledgment 21 within forty-five days of receipt of the form or change of 22 information. 23 (2) For a voter registration application or change of 24 information in a voter registration record completed pursuant 25 to section 48A.18, subsection 4A, the commissioner shall send 26 an acknowledgment within seven working days of the person being 27 registered under that subsection. 28 Sec. 8. Section 48A.26, subsection 8, Code 2018, is amended 29 to read as follows: 30 8. An A completed voter registration application, 31 improperly transmitted under section 48A.18, subsection 4A, or 32 an improperly addressed or delivered registration form shall be 33 transmitted or forwarded to the appropriate county commissioner 34 of registration within two working days after it is received by 35 -4- LSB 5130XS (2) 87 ss/rj 4/ 8

S.F. 2031 any other official. The date of registration shall be the date 1 the completed application or registration form was received by 2 the first official. If the registration form was postmarked 3 fifteen or more days before an election and the registration 4 form was received by the first official after the close of 5 registration, the registration form shall be considered on time 6 for the election. 7 Sec. 9. Section 48A.36, subsection 1, Code 2018, is amended 8 to read as follows: 9 1. Voter registration agencies and the office of driver 10 services of the state department of transportation may 11 electronically transmit registration data to the state 12 registrar of voters, who shall distribute the information, 13 electronically or otherwise, to the appropriate commissioner 14 in accordance with rules of the state voter registration 15 commission and the state registrar of voters. The office 16 of driver services of the department of transportation 17 shall electronically transmit registration data to the state 18 registrar of voters as required pursuant to section 48A.18. 19 The state agency originating the registration data shall 20 permanently retain an electronic copy of the form completed 21 by the registrant, including the registrant’s signature, and 22 shall develop procedures for the retrieval and printing of 23 that electronic document. A printed copy of an electronic 24 registration document shall be made only upon the agency’s 25 receipt of a court order. 26 Sec. 10. Section 331.557A, subsection 5, Code 2018, is 27 amended to read as follows: 28 5. Participate in voter registration according to the 29 terms of chapter 48A , and submit completed voter registration 30 forms to the state registrar of voters appropriate county 31 commissioner of registration . 32 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection 33 3, shall not apply to this Act. 34 Sec. 12. EFFECTIVE DATE. This Act takes effect January 1, 35 -5- LSB 5130XS (2) 87 ss/rj 5/ 8

S.F. 2031 2019. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to voter registration by allowing 5 registration of eligible electors to vote following review 6 of electronic records received from driver’s license and 7 nonoperator’s identification card applications by county 8 commissioners of registration (county auditors). 9 The bill requires that the office of driver services of the 10 department of transportation transmit to the state registrar of 11 voters (the secretary of state) electronic records containing 12 the legal name, date of birth, residential address, mailing 13 address, and social security number for each person submitting 14 an application for a driver’s license or nonoperator’s 15 identification card, or any renewal application. Current Code 16 section 321.182 requires that an application for a license 17 or card include an applicant’s full name, signature, current 18 mailing address, current residential address, date of birth, 19 social security number, and other information. Under current 20 administrative rules of the department of transportation, an 21 applicant for a license or card is required to provide proof 22 of lawful status in the United States. Also under current 23 administrative rules, a person’s signature for a driver’s 24 license or nonoperator’s identification card application is 25 required to be captured electronically. Under current law, 26 a county treasurer’s office participating in county issuance 27 of driver’s licenses is required to participate in voter 28 registration to the same extent as a license facility of the 29 state department of transportation. 30 The bill requires the state registrar of voters to 31 transmit the electronic records to the county commissioner of 32 registration of the county where the person resides. The bill 33 requires that the county commissioner review the electronic 34 record and any other relevant information to determine if a 35 -6- LSB 5130XS (2) 87 ss/rj 6/ 8

S.F. 2031 person is an eligible elector. If the county commissioner 1 determines a person to be an eligible elector and the person is 2 not registered to vote in the county, the county commissioner 3 is required to notify the person of the separate processes to 4 decline to register to vote or to declare a political party 5 affiliation. If a notified person fails to decline voter 6 registration within 21 days after the county commissioner 7 issued the notification, the bill provides that the electronic 8 record and electronic signature shall constitute a completed 9 voter registration form for that person and the bill requires 10 the county commissioner to register the person to vote in that 11 county and send the person an acknowledgment as required by 12 current law. 13 The bill prohibits a county commissioner from adding a 14 person’s name to a voter registration list until at least 21 15 days after the commissioner has issued notification to the 16 person. The bill requires that a county commissioner send an 17 acknowledgment of registration within seven working days of 18 registering a person under the bill. The bill also provides 19 that the electronic record of a person who does not qualify 20 as an eligible elector does not constitute a completed voter 21 registration form. Under the bill, such a person submitting 22 an application for a license or card will not be subject to 23 charges for voter registration fraud under Code section 39A.2 24 for submitting such an application. 25 The bill also grants the state voter registration 26 commission, in consultation with the department of 27 transportation, the authority to adopt rules to administer 28 and interpret the provisions of the bill relating to voter 29 registration at motor vehicle driver’s license stations. If 30 interpretive rulemaking authority is clearly vested in the 31 discretion of an agency by statute, the applicable judicial 32 standard of review is whether the rules constitute an 33 irrational, illogical, or wholly unjustifiable interpretation 34 of law by the agency (Code section 17A.19(10)(l)). If 35 -7- LSB 5130XS (2) 87 ss/rj 7/ 8

S.F. 2031 interpretive rulemaking authority is not clearly vested in 1 the discretion of an agency, the applicable judicial standard 2 of review is whether the rules constitute an erroneous 3 interpretation of law (Code section 17A.19(10)(c)). 4 The bill makes changes to current law related to address 5 confidentiality program participants under Code chapter 9E by 6 requiring the state registrar to adopt rules for administration 7 of registration for those participants. 8 The bill specifies that a requirement that separate 9 registration forms be signed by each individual registrant only 10 applies to paper registration forms. 11 The bill may include a state mandate as defined in Code 12 section 25B.3. The bill makes inapplicable Code section 25B.2, 13 subsection 3, which would relieve a political subdivision from 14 complying with a state mandate if funding for the cost of 15 the state mandate is not provided or specified. Therefore, 16 political subdivisions are required to comply with any state 17 mandate included in the bill. 18 The bill takes effect January 1, 2019. 19 -8- LSB 5130XS (2) 87 ss/rj 8/ 8