Text: SF02037 Text: SF02039 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 2038 1 2 1 3 AN ACT 1 4 RELATING TO DISQUALIFICATION FROM VOTING OR REGISTERING TO VOTE 1 5 FOR REASONS OF MENTAL INCOMPETENCE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. Section 48A.2, subsection 3, Code 1997, is 1 10 amended to read as follows: 1 11 3. "Person who is mentally incompetent to vote" means a 1 12 person who has beenlegally determined to be severely or1 13profoundly mentally retarded, or has beenfoundincompetentto 1 14 lack the mental capacity to vote in a proceeding held pursuant 1 15 to section229.27222.31 or 633.556. 1 16 Sec. 2. Section 48A.6, subsection 2, Code 1997, is amended 1 17 to read as follows: 1 18 2. A person whohas been legally determined to beis 1 19 mentally incompetent to vote. Certification by the clerk of 1 20 the district court that any such person has been found no 1 21 longer incompetent by a court shall qualify such person to 1 22 again be an elector, subject to the other provisions of this 1 23 chapter. 1 24 Sec. 3. Section 48A.10, Code 1997, is amended to read as 1 25 follows: 1 26 48A.10 REGISTRATION REQUIRED. 1 27 If a registered voter moves to a different county, the 1 28 person shall submit a completed voter registration form to the 1 29 commissioner in order to be qualified to vote in that county. 1 30 An otherwise eligible elector whose right to vote has been 1 31 restored pursuant to chapter 914 or who has been found not to 1 32 be a person who is mentally incompetent to vote may register 1 33 to vote. 1 34 Sec. 4. Section 48A.14, subsection 1, paragraph f, Code 1 35 1997, is amended to read as follows: 2 1 f. The challenged registrant has been adjudged by a court 2 2 of law to be a person who is mentally incompetentby a court2 3of lawto vote and no subsequent proceeding has reversed that 2 4 finding. 2 5 Sec. 5. Section 48A.30, subsection 1, paragraph e, Code 2 6 1997, is amended to read as follows: 2 7 e. The clerk of the district court or the state registrar 2 8 sends notice that the registered voter has been declared a 2 9 person who is mentally incompetent to vote under state law. 2 10 Sec. 6. Section 222.16, Code 1997, is amended by adding 2 11 the following new unnumbered paragraph: 2 12 NEW UNNUMBERED PARAGRAPH. Commitment of a person pursuant 2 13 to section 222.31 does not constitute a finding or raise a 2 14 presumption that the person is incompetent to vote. The court 2 15 shall make a separate determination as to the person's 2 16 competency to vote. The court shall find a person incompetent 2 17 to vote only upon determining that the person lacks sufficient 2 18 mental capacity to comprehend and exercise the right to vote. 2 19 Sec. 7. Section 222.31, Code 1997, is amended by adding 2 20 the following new subsection: 2 21 NEW SUBSECTION. 3. In its order, the court shall include 2 22 a finding as to whether the person has sufficient mental 2 23 capacity to comprehend and exercise the right to vote. 2 24 Sec. 8. Section 222.45, Code 1997, is amended to read as 2 25 follows: 2 26 222.45 POWER OF COURT. 2 27 On the hearing, the court may discharge the person with 2 28 mental retardation from all supervision, control, and care, or 2 29 may transfer the person from a public institution to a private 2 30 institution, or vice versa, or transfer the person from a 2 31 special unit to a hospital-school, or vice versa, as the court 2 32 deems appropriate under all the circumstances. If the person 2 33 has been determined to lack the mental capacity to vote, the 2 34 court shall include in its order a finding that this 2 35 determination remains in force or is revoked. 3 1 Sec. 9. Section 602.8102, subsection 15, Code Supplement 3 2 1997, is amended to read as follows: 3 3 15.NotifyMonthly notify the county commissioner of 3 4 registration and the state registrar of voters of persons 3 5 seventeen and one-half years of age and older who have been 3 6 convicted of a felony during the preceding calendar month or 3 7 persons who at any time during the preceding calendar month 3 8 have been legally declared to be mentally incompetent to vote. 3 9 Sec. 10. Section 633.556, subsection 1, Code Supplement 3 10 1997, is amended to read as follows: 3 11 1. If the allegations of the petition as to the status of 3 12 the proposed ward and the necessity for the appointment of a 3 13 guardian are proved by clear and convincing evidence, the 3 14 court may appoint a guardian. If the court appoints a 3 15 guardian based upon mental incapacity of the proposed ward, 3 16 the court shall make a separate determination as to the ward's 3 17 competency to vote. The court shall find a ward incompetent 3 18 to vote only upon determining that the person lacks sufficient 3 19 mental capacity to comprehend and exercise the right to vote. 3 20 Sec. 11. Section 633.679, Code 1997, is amended to read as 3 21 follows: 3 22 633.679 PETITION TO TERMINATE. 3 23 At any time after the appointment of a guardian or 3 24 conservator, the person under guardianship or conservatorship 3 25 may apply to the court by petition, alleging that the person 3 26 is no longer a proper subject thereof, and asking that the 3 27 guardianship or conservatorship be terminated. A person under 3 28 an order appointing a guardian which order found the person 3 29 incompetent to vote may include a request for reinstatement of 3 30 the person's voting rights in a petition to terminate the 3 31 guardianship or by filing a separate petition for modification 3 32 of this determination. 3 33 3 34 3 35 4 1 MARY E. KRAMER 4 2 President of the Senate 4 3 4 4 4 5 4 6 RON J. CORBETT 4 7 Speaker of the House 4 8 4 9 I hereby certify that this bill originated in the Senate and 4 10 is known as Senate File 2038, Seventy-seventh General Assembly. 4 11 4 12 4 13 4 14 MARY PAT GUNDERSON 4 15 Secretary of the Senate 4 16 Approved , 1998 4 17 4 18 4 19 4 20 TERRY E. BRANSTAD 4 21 Governor
Text: SF02037 Text: SF02039 Text: SF02000 - SF02099 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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