Text: HF00414 Text: HF00416 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 39.3, subsection 8, Code 2003, is 1 2 amended to read as follows: 1 3 8. "Infamous crime" means a class "A" felony as defined in 1 4 section701.7, or an offense classified as a felony under1 5federal law902.1. 1 6 Sec. 2. Section 39A.1, subsection 2, Code 2003, is amended 1 7 to read as follows: 1 8 2. The purpose of this chapter is to identify actions 1 9 which threaten the integrity of the election process and to 1 10 impose significant sanctions upon persons who intentionally 1 11 commit those acts. It is the intent of the general assembly 1 12 that offenses with the greatest potential to affect the 1 13 election process be vigorously prosecuted and strong 1 14 punishment meted out through the imposition of felony 1 15 sanctionswhich, as a consequence, remove the voting rights of1 16the offenders. Other offenses are still considered serious, 1 17 but based on the factual context in which they arise, they may 1 18 not rise to the level of offenses to which felony penalties 1 19 attach. The general assembly also recognizes that instances 1 20 may arise in which technical infractions of chapters 39 1 21 through 53 may occur which do not merit any level of criminal 1 22 sanction. In such instances, administrative notice from the 1 23 state or county commissioner of elections is sufficient. 1 24 Mandates or proscriptions in chapters 39 through 53 which are 1 25 not specifically included in this chapter shall be considered 1 26 to be directive only, without criminal sanction. 1 27 Sec. 3. Section 43.18, subsection 9, Code 2003, is amended 1 28 to read as follows: 1 29 9. A statement that the candidate is aware that the 1 30 candidate is disqualified from holding office if the candidate 1 31 has been convicted of a class "A" felonyor other infamous1 32crimeand the candidate's rights have not been restored by the 1 33 governoror by the president of the United States. 1 34 Sec. 4. Section 43.67, subsection 9, Code 2003, is amended 1 35 to read as follows: 2 1 9. A statement that the candidate is aware that the 2 2 candidate is disqualified from holding office if the candidate 2 3 has been convicted of a class "A" felonyor other infamous2 4crimeand the candidate's rights have not been restored by the 2 5 governoror by the president of the United States. 2 6 Sec. 5. Section 44.3, subsection 2, paragraph i, Code 2 7 2003, is amended to read as follows: 2 8 i. A statement that the candidate is aware that the 2 9 candidate is disqualified from holding office if the candidate 2 10 has been convicted of a class "A" felonyor other infamous2 11crimeand the candidate's rights have not been restored by the 2 12 governoror by the president of the United States. 2 13 Sec. 6. Section 45.3, subsection 9, Code 2003, is amended 2 14 to read as follows: 2 15 9. A statement that the candidate is aware that the 2 16 candidate is disqualified from holding office if the candidate 2 17 has been convicted of a class "A" felonyor other infamous2 18crimeand the candidate's rights have not been restored by the 2 19 governoror by the president of the United States. 2 20 Sec. 7. Section 48A.6, subsection 1, Code 2003, is amended 2 21 to read as follows: 2 22 1. A person who has been convicted of a class "A" felony 2 23 as defined in section701.7, or convicted of an offense2 24classified as a felony under federal law902.1. If the 2 25 person's rights are later restored by the governor,or by the2 26president of the United States,the person may register to 2 27 vote. 2 28 Sec. 8. Section 48A.14, subsection 1, paragraph e, Code 2 29 2003, is amended to read as follows: 2 30 e. The challenged registrant has been convicted of a class 2 31 "A" felony, and the registrant's voting rights have not been 2 32 restored. 2 33 Sec. 9. Section 48A.30, subsection 1, paragraph d, Code 2 34 2003, is amended to read as follows: 2 35 d. The clerk of the district court, or the United States3 1attorney,or the state registrar sends notice of the 3 2 registered voter's conviction of a class "A" felony as defined 3 3 in section701.7, or conviction of an offense classified as a3 4felony under federal law902.1. The clerk of the district 3 5 court shall send notice of a class "A" felony conviction to 3 6 the state registrar of voters. The registrar shall determine 3 7 in which county the felon is registered to vote, if any, and 3 8 shall notify the county commissioner of registration for that 3 9 county of the class "A" felony conviction. 3 10 Sec. 11. Section 57.1, subsection 2, paragraph c, Code 3 11 2003, is amended to read as follows: 3 12 c. That prior to the election the incumbent had been duly 3 13 convicted of a class "A" felony, as defined in section701.73 14 902.1, and that the judgment had not been reversed, annulled, 3 15 or set aside, nor the incumbent pardoned or restored to the 3 16 rights of citizenship by the governor under chapter 914, at 3 17 the time of the election. 3 18 Sec. 12. Section 161A.5, subsection 3, unnumbered 3 19 paragraph 1, Code 2003, is amended to read as follows: 3 20 At each general election a successor shall be chosen for 3 21 each commissioner whose term will expire in the succeeding 3 22 January. Nomination of candidates for the office of 3 23 commissioner shall be made by petition in accordance with 3 24 chapter 45, except that each candidate's nominating petition 3 25 shall be signed by at least twenty-five eligible electors of 3 26 the district. The petition form shall be furnished by the 3 27 county commissioner of elections. Every candidate shall file 3 28 with the nomination papers an affidavit stating the 3 29 candidate's name, the candidate's residence, that the person 3 30 is a candidate and is eligible for the office of commissioner, 3 31 and that if elected the candidate will qualify for the office. 3 32 The affidavit shall also state that the candidate is aware 3 33 that the candidate is disqualified from holding office if the 3 34 candidate has been convicted of a class "A" felonyor other3 35infamous crimeand the candidate's rights have not been 4 1 restored by the governoror by the president of the United4 2States. 4 3 Sec. 13. Section 277.4, unnumbered paragraph 3, Code 2003, 4 4 is amended to read as follows: 4 5 Signers of nomination petitions shall include their 4 6 addresses and the date of signing, and must reside in the same 4 7 director district as the candidate if directors are elected by 4 8 the voters of a director district, rather than at-large. A 4 9 person may sign nomination petitions for more than one 4 10 candidate for the same office, and the signature is not 4 11 invalid solely because the person signed nomination petitions 4 12 for one or more other candidates for the office. The petition 4 13 shall be filed with the affidavit of the candidate being 4 14 nominated, stating the candidate's name, place of residence, 4 15 that such person is a candidate and is eligible for the office 4 16 the candidate seeks, and that if elected the candidate will 4 17 qualify for the office. The affidavit shall also state that 4 18 the candidate is aware that the candidate is disqualified from 4 19 holding office if the candidate has been convicted of a class 4 20 "A" felonyor other infamous crimeand the candidate's rights 4 21 have not been restored by the governoror by the president of4 22the United States. 4 23 Sec. 14. Section 376.4, unnumbered paragraph 4, Code 2003, 4 24 is amended to read as follows: 4 25 The petition must include the affidavit of the individual 4 26 for whom it is filed, stating the individual's name, the 4 27 individual's residence, that the individual is a candidate and 4 28 eligible for the office, and that if elected the individual 4 29 will qualify for the office. The affidavit shall also state 4 30 that the candidate is aware that the candidate is disqualified 4 31 from holding office if the candidate has been convicted of a 4 32 class "A" felonyor other infamous crimeand the candidate's 4 33 rights have not been restored by the governoror by the4 34president of the United States. 4 35 EXPLANATION 5 1 Article II, section 5, of the Constitution of the State of 5 2 Iowa denies the privilege of an elector to any person 5 3 convicted of an infamous crime. State statute defines 5 4 infamous crime as a felony conviction under state or federal 5 5 law. State law also allows a person who has been discharged 5 6 from parole, probation, or work release, or who has been 5 7 released from incarceration upon completion of sentence, to 5 8 apply to the governor for restoration of the rights of 5 9 citizenship, which include the right to register to vote and 5 10 to vote. State statute also requires that a candidate for 5 11 elective office under the laws of the state must be an 5 12 eligible elector at the time of election. By operation of 5 13 law, this excludes persons who have been convicted of a state 5 14 or federal felony and not had their rights of citizenship 5 15 restored by the governor or the president of the United 5 16 States. 5 17 This bill changes the definition of "infamous crime" to 5 18 conviction of a class "A" felony under state law. The bill 5 19 removes references to conviction of a felony under federal law 5 20 and removes references to restoration of rights granted by the 5 21 president of the United States. 5 22 LSB 2849HH 80 5 23 sc/pj/5 5 24 5 25 5 26 5 27 5 28
Text: HF00414 Text: HF00416 Text: HF00400 - HF00499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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