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Senate Study Bill 3062

Bill Text

PAG LIN
  1  1    Section 1.  Section 48A.5, Code 2001, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  3A.  If a person is registering under the
  1  4 provisions of section 48A.9A, the person shall be a resident
  1  5 of the county in which the election is held for ten days
  1  6 immediately preceding the election, subject to the provisions
  1  7 of subsection 3 and section 48A.27, subsection 2, paragraph
  1  8 "a", subparagraph (3).
  1  9    Sec. 2.  Section 48A.9, subsection 1, Code 2001, is amended
  1 10 to read as follows:
  1 11    1.  Registration closes at five p.m. eleven days before
  1 12 each election except primary and general elections.  For
  1 13 primary and general elections, registration closes at five
  1 14 p.m. ten days before the election.  An eligible elector may
  1 15 register during the time registration is closed in the
  1 16 elector's precinct but the registration shall not become
  1 17 effective until registration opens again in the elector's
  1 18 precinct unless the elector obtains an affidavit of special
  1 19 late registration as provided in section 48A.9A.
  1 20    Sec. 3.  NEW SECTION.  48A.9A  SPECIAL LATE REGISTRATION.
  1 21    1.  Notwithstanding the voter registration deadlines in
  1 22 section 48A.9, an eligible elector may register to vote on any
  1 23 day after registration has closed in the elector's precinct,
  1 24 including on election day.
  1 25    2.  The commissioner shall record the information required
  1 26 of an eligible elector on the election register for the county
  1 27 precinct of the eligible elector or shall provide a separate
  1 28 listing of the information required of an eligible elector to
  1 29 the county precinct of the eligible elector who registers in
  1 30 person at the commissioner's office or at any alternative
  1 31 location designated by the commissioner for special late
  1 32 registration on any day after registration has closed in the
  1 33 elector's precinct, including on election day.
  1 34    3.  If the commissioner is unable to make available to a
  1 35 county precinct the information required of an eligible
  2  1 elector who registers through special late registration
  2  2 procedures, on the election register of a county precinct or
  2  3 through the provision of a separate listing of the eligible
  2  4 electors who register through special late registration
  2  5 procedures, an eligible elector may obtain from the
  2  6 commissioner of registration an affidavit form prescribed by
  2  7 the state commissioner of elections to serve as evidence of
  2  8 special late registration.  If the affidavit is completed by
  2  9 the elector and notarized by the commissioner of registration,
  2 10 the elector is deemed registered under special late
  2 11 registration procedures and may present the affidavit at the
  2 12 elector's polling place on election day as proof that the
  2 13 elector is registered to vote.  The election officials of the
  2 14 elector's precinct shall accept the elector's affidavit of
  2 15 special late registration and shall proceed as if the
  2 16 elector's name were listed in the election register.
  2 17    The election officials shall preserve all affidavits
  2 18 submitted pursuant to this section and forward them to the
  2 19 commissioner of registration at the time the election register
  2 20 is returned.  A registration under this section is subject to
  2 21 verification as provided in section 48A.26.
  2 22    Sec. 4.  Section 48A.11, subsection 1, paragraph c, Code
  2 23 2001, is amended to read as follows:
  2 24    c.  The address at which the registrant resides and claims
  2 25 as the registrant's residence for voting purposes.  The
  2 26 commissioner may require proof of residency if the registrant
  2 27 is registering pursuant to section 48A.9A.  The state
  2 28 commissioner of elections shall designate which documents are
  2 29 acceptable to show proof of residency.
  2 30    Sec. 5.  Section 48A.26, subsection 1, Code 2001, is
  2 31 amended to read as follows:
  2 32    1.  Within seven working days of receipt of a voter
  2 33 registration form or change of information in a voter
  2 34 registration record the commissioner shall send an
  2 35 acknowledgment to the registrant at the mailing address shown
  3  1 on the registration form.  However, in the case of special
  3  2 late registrations received pursuant to section 48A.9A, the
  3  3 commissioner shall send the acknowledgment within ten working
  3  4 days of receipt of the special late registration.  The An
  3  5 acknowledgment shall be sent by nonforwardable mail.
  3  6    Sec. 6.  Section 49.77, Code 2001, is amended by adding the
  3  7 following new subsection:
  3  8    NEW SUBSECTION.  6.  A person whose name does not appear on
  3  9 the election register of the precinct and who registers under
  3 10 section 48A.9A shall be allowed to cast a ballot and the
  3 11 precinct election official is not under a duty to require that
  3 12 the ballot be cast under section 49.81.
  3 13    Sec. 7.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  3 14 3, shall not apply to this Act.  
  3 15                           EXPLANATION 
  3 16    This bill provides for a special late voter registration
  3 17 procedure which would enable an eligible elector to vote at
  3 18 the polling place on election day.  The person is required to
  3 19 have been a resident of the county in which the election is
  3 20 held for 10 days immediately preceding the election.  The
  3 21 person is also required to show proof of residency when
  3 22 registering.  The state commissioner of elections, i.e., the
  3 23 secretary of state, shall designate which documents are
  3 24 acceptable to show proof of residency.
  3 25    The bill provides for the issuance of special late
  3 26 registration affidavits to serve as proof of voting
  3 27 eligibility if the county commissioner of registration is
  3 28 unable to make the information required of an eligible elector
  3 29 available on the election register of a county precinct.
  3 30    The bill requires the county commissioner to mail
  3 31 acknowledgment to the late registrant within 10 days of
  3 32 registering.
  3 33    The bill may include a state mandate as defined in Code
  3 34 section 25B.3.  The bill makes inapplicable Code section
  3 35 25B.2, subsection 3, which would relieve a political
  4  1 subdivision from complying with a state mandate if funding for
  4  2 the cost of the state mandate is not provided or specified.
  4  3 Therefore, political subdivisions are required to comply with
  4  4 any state mandate included in the bill.  
  4  5 LSB 5072DP 79
  4  6 sc/sh/8.2
     

Text: SSB03061                          Text: SSB03063
Text: SSB03000 - SSB03099               Text: SSB Index
Bills and Amendments: General Index     Bill History: General Index

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