Text: HF00506 Text: HF00508 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 48A.2, subsection 3, Code 2003, is
1 2 amended to read as follows:
1 3 3. "Person who is incompetent to vote" means a person
1 4 described in section 222.2, subsection 4, or section 229.27,
1 5 subsection 2, who has been found to lack the mental capacity
1 6 to vote in a proceeding held pursuant to section 222.31,
1 7 229.27, or 633.556.
1 8 Sec. 2. Section 229.6, subsection 2, Code 2003, is amended
1 9 to read as follows:
1 10 2. State any other pertinent facts, including whether the
1 11 respondent lacks sufficient mental capacity to comprehend and
1 12 exercise the right to vote.
1 13 Sec. 3. Section 229.27, Code 2003, is amended by adding
1 14 the following new subsection:
1 15 NEW SUBSECTION. 5. If, upon completion of the hearing on
1 16 the person's competence pursuant to this section, the court
1 17 finds by clear and convincing evidence that the respondent is
1 18 incompetent, the court shall make a separate determination as
1 19 to the respondent's competency to vote. The court shall find
1 20 a respondent incompetent to vote only upon determining that
1 21 the person lacks sufficient mental capacity to comprehend and
1 22 exercise the right to vote. The clerk of the district court
1 23 shall notify the county commissioner of registration of the
1 24 appropriate county that such a person is incompetent to vote
1 25 as required by section 602.8102, subsection 15.
1 26 Sec. 4. Section 633.552, Code 2003, is amended by adding
1 27 the following new subsection:
1 28 NEW SUBSECTION. 6. Whether the person lacks sufficient
1 29 mental capacity to comprehend and exercise the right to vote.
1 30 Sec. 5. Section 633.556, subsection 1, Code 2003, is
1 31 amended to read as follows:
1 32 1. If the allegations of the petition as to the status of
1 33 the proposed ward and the necessity for the appointment of a
1 34 guardian are proved by clear and convincing evidence, the
1 35 court may appoint a guardian. If the court appoints a
2 1 guardian based upon mental incapacity of the proposed ward
2 2 because the proposed ward is a person described in section
2 3 222.2, subsection 4, or section 229.27, subsection 5, the
2 4 court shall make a separate determination as to the ward's
2 5 competency to vote. The court shall find a ward incompetent
2 6 to vote only upon determining that the person lacks sufficient
2 7 mental capacity to comprehend and exercise the right to vote.
2 8 EXPLANATION
2 9 This bill relates to a person's mental capacity to
2 10 comprehend and exercise the right to vote.
2 11 The bill allows any person who files an application for
2 12 involuntary hospitalization on a respondent's behalf and any
2 13 person who files a petition for appointment of a guardian on a
2 14 proposed ward's behalf to state in the application or petition
2 15 whether the respondent or the ward lacks sufficient mental
2 16 capacity to comprehend and exercise the right to vote.
2 17 The bill further provides that if a court in either
2 18 proceeding finds by clear and convincing evidence that the
2 19 respondent or proposed ward is mentally incompetent, the court
2 20 shall make a separate determination as to the person's
2 21 competency to vote.
2 22 LSB 2239YH 80
2 23 rh/sh/8
Text: HF00506 Text: HF00508 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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