Text: HF02104 Text: HF02106 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 48A.2, subsection 3, Code 2001, is
1 2 amended to read as follows:
1 3 3. "Person who is mentally incompetent to vote" means a
1 4 person who has been found to lack the mental capacity to vote
1 5 by reason of mental retardation in a proceeding held pursuant
1 6 to section 222.31 or 633.556.
1 7 Sec. 2. Section 48A.6, subsection 2, Code 2001, is amended
1 8 to read as follows:
1 9 2. A person who is mentally incompetent to vote by reason
1 10 of mental retardation. Certification by the clerk of the
1 11 district court that any such person has been found no longer
1 12 incompetent by a court shall qualify such person to again be
1 13 an elector, subject to the other provisions of this chapter.
1 14 Sec. 3. Section 48A.10, Code 2001 is amended to read as
1 15 follows:
1 16 48A.10 REGISTRATION REQUIRED.
1 17 If a registered voter moves to a different county, the
1 18 person shall submit a completed voter registration form to the
1 19 commissioner in order to be qualified to vote in that county.
1 20 An otherwise eligible elector whose right to vote has been
1 21 restored pursuant to chapter 914 or who has been found not to
1 22 be a person who is mentally incompetent to vote by reason of
1 23 mental retardation may register to vote.
1 24 Sec. 4. Section 48A.14, subsection 1, paragraph f, Code
1 25 2001, is amended to read as follows:
1 26 f. The challenged registrant has been adjudged by a court
1 27 of law to be a person who is mentally incompetent to vote by
1 28 reason of mental retardation and no subsequent proceeding has
1 29 reversed that finding.
1 30 Sec. 5. Section 48A.30, subsection 1, paragraph e, Code
1 31 2001, is amended to read as follows:
1 32 e. The clerk of the district court or the state registrar
1 33 sends notice that the registered voter has been declared a
1 34 person who is mentally incompetent to vote under state law by
1 35 reason of mental retardation.
2 1 Sec. 6. Section 602.8102, subsection 15, Code 2001, is
2 2 amended to read as follows:
2 3 15. Monthly, notify the county commissioner of
2 4 registration and the state registrar of voters of persons
2 5 seventeen and one-half years of age and older who have been
2 6 convicted of a felony during the preceding calendar month or
2 7 persons who at any time during the preceding calendar month
2 8 have been legally declared to be mentally incompetent to vote
2 9 by reason of mental retardation.
2 10 Sec. 7. Section 633.556, subsection 1, Code 2001, is
2 11 amended to read as follows:
2 12 1. If the allegations of the petition as to the status of
2 13 the proposed ward and the necessity for the appointment of a
2 14 guardian are proved by clear and convincing evidence, the
2 15 court may appoint a guardian. If the court appoints a
2 16 guardian based upon mental incapacity by reason of mental
2 17 retardation of the proposed ward, the court shall make a
2 18 separate determination as to the ward's competency to vote.
2 19 The court shall find a ward incompetent to vote only upon
2 20 determining that the person lacks sufficient mental capacity
2 21 by reason of mental retardation to comprehend and exercise the
2 22 right to vote.
2 23 Sec. 8. Section 633.679, Code 2001, is amended to read as
2 24 follows:
2 25 633.679 PETITION TO TERMINATE – REQUEST FOR VOTING RIGHTS
2 26 REINSTATEMENT.
2 27 At any time after the appointment of a guardian or
2 28 conservator, the person under guardianship or conservatorship
2 29 may apply to the court by petition, alleging that the person
2 30 is no longer a proper subject thereof, and asking that the
2 31 guardianship or conservatorship be terminated. A person under
2 32 an order appointing a guardian which order found the person
2 33 incompetent to vote by reason of mental retardation may
2 34 include a request for reinstatement of the person's voting
2 35 rights in a petition to terminate the guardianship or by
3 1 filing a separate petition for modification of this
3 2 determination.
3 3 Sec. 9. EFFECTIVE DATE. This Act takes effect January 1
3 4 following ratification of an amendment to the Constitution of
3 5 the State of Iowa removing the disqualification of insane
3 6 persons and persons with mental illness from exercising the
3 7 privilege of an elector.
3 8 EXPLANATION
3 9 This bill amends the voter registration law to remove
3 10 mental illness as a reason that a person is mentally
3 11 incompetent to register to vote and to vote. Corresponding
3 12 changes are made to the laws on appointment of guardians and
3 13 conservators.
3 14 The bill is effective January 1 following ratification of
3 15 an amendment to the Iowa Constitution removing the
3 16 disqualification of insane persons and persons with mental
3 17 illness from exercising the privilege of an elector.
3 18 LSB 2982YH 79
3 19 sc/cf/24
Text: HF02104 Text: HF02106 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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