Text: HSB00155 Text: HSB00157 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 ELECTION AND VOTER REGISTRATION LAWS 1 3 Section 1. Section 47.1, Code 2003, is amended by adding 1 4 the following new unnumbered paragraph: 1 5 NEW UNNUMBERED PARAGRAPH. The state commissioner shall 1 6 adopt rules pursuant to chapter 17A, for the implementation of 1 7 uniform and nondiscriminatory administrative complaint 1 8 procedures for resolution of grievances relating to violations 1 9 of Title III of Pub. L. No. 107-252. 1 10 Sec. 2. Section 47.7, subsections 2, 3, and 4, Code 2003, 1 11 are amended by striking the subsections and inserting in lieu 1 12 thereof the following: 1 13 2. a. On or before January 1, 2004, or on or before 1 14 January 1, 2006, if a waiver is granted pursuant to section 1 15 303(d) of Pub. L. No. 107-252, the state registrar of voters 1 16 shall implement in a uniform and nondiscriminatory manner, a 1 17 single, uniform, official, centralized, interactive 1 18 computerized statewide voter registration file defined, 1 19 maintained, and administered at the state level that contains 1 20 the name and registration information of every legally 1 21 registered voter in the state and assigns a unique identifier 1 22 to each legally registered voter in the state. The state 1 23 voter registration system shall be coordinated with other 1 24 agency databases within the state, including, but not limited 1 25 to, the department of transportation driver's license records, 1 26 judicial records of convicted felons and persons declared 1 27 incompetent to vote, and department of public health records 1 28 of deceased persons. 1 29 b. On or after the deadline established in paragraph "a", 1 30 a county shall not establish or maintain a voter registration 1 31 system separate from the state voter registration system. 1 32 Each county shall provide to the state registrar the names, 1 33 voter registration information, and voting history of each 1 34 registered voter in the county in the form required by the 1 35 state registrar. 2 1 c. A state or local election official may obtain immediate 2 2 electronic access to the information contained in the 2 3 computerized voter registration file. All voter registration 2 4 information obtained by a local election official shall be 2 5 electronically entered into the computerized voter 2 6 registration file on an expedited basis at the time the 2 7 information is provided to the local election official. The 2 8 state registrar shall provide such support as may be required 2 9 to enable local election officials to electronically enter the 2 10 information into the computerized voter registration file on 2 11 an expedited basis. The list generated from the computerized 2 12 file shall serve as the official voter registration list for 2 13 the conduct of all elections for federal office in the state. 2 14 d. The state registrar shall prescribe by rule the 2 15 procedures for access to the state voter registration file, 2 16 security requirements, and access protocols for adding, 2 17 changing, or deleting information from the state voter 2 18 registration file. 2 19 Sec. 3. Section 48A.8, Code 2003, is amended to read as 2 20 follows: 2 21 48A.8 REGISTRATION BY MAIL. 2 22 1. An eligible elector may register to vote by completing 2 23 a mail registration form. The form may be mailed or delivered 2 24 by the registrant or the registrant's designee to the 2 25 commissioner in the county where the person resides. A 2 26 separate registration form shall be signed by each individual 2 27 registrant. 2 28 2. An eligible elector who registers by mail and who has 2 29 not previously voted in an election for federal office in the 2 30 county of registration shall be required to provide 2 31 identification documents when voting for the first time in the 2 32 county, unless the registrant provided on the registration 2 33 form the registrant's Iowa driver's license number or the last 2 34 four numerals of the registrant's social security number and 2 35 the driver's license or partial social security number matches 3 1 an existing state or federal identification record with the 3 2 same social security number or Iowa driver's license number 3 3 and name, including first name and any family forename or 3 4 surname, and date of birth, including month, date, and year. 3 5 If the registrant under this subsection votes in person at the 3 6 polls, or by absentee ballot at the commissioner's office or 3 7 at a satellite voting station, the registrant shall provide a 3 8 current and valid photo identification card, or shall present 3 9 to the appropriate election official one of the following 3 10 current documents that show the name and address of the 3 11 registrant: 3 12 a. Utility bill. 3 13 b. Bank statement. 3 14 c. Government check. 3 15 d. Other government document. 3 16 3. If the registrant under subsection 2 votes an absentee 3 17 ballot by mail, the registrant shall provide a photocopy of 3 18 one of the documents listed in subsection 2 when returning the 3 19 absentee ballot. 3 20 4. A registrant under subsection 2 who is required to 3 21 present identification when casting a ballot in person shall 3 22 be permitted to vote a provisional ballot if the voter does 3 23 not provide the required identification documents. If a voter 3 24 who is required to present identification when casting a 3 25 ballot votes an absentee ballot by mail, the ballot returned 3 26 by the voter shall be considered a provisional ballot pursuant 3 27 to sections 49.81 and 53.31. 3 28 Sec. 4. Section 48A.11, subsection 1, paragraph b, Code 3 29 2003, is amended to read as follows: 3 30 b. The registrant's name, including first name and any 3 31 family forename or surname. 3 32 Sec. 5. Section 48A.11, subsection 1, paragraph e, Code 3 33 2003, is amended by striking the paragraph and inserting in 3 34 lieu thereof, the following: 3 35 e. Iowa driver's license number, if the registrant has a 4 1 current and valid Iowa driver's license, or the last four 4 2 numerals of the registrant's social security number. If the 4 3 registrant does not have either an Iowa driver's license 4 4 number or a social security number, the form shall provide 4 5 space for a number to be assigned as provided in subsection 7. 4 6 Sec. 6. Section 48A.11, subsection 1, paragraph f, Code 4 7 2003, is amended to read as follows: 4 8 f. Date of birth, including month, date, and year. 4 9 Sec. 7. Section 48A.11, subsection 1, paragraph i, Code 4 10 2003, is amended to read as follows: 4 11 i. Political party registration, if any. 4 12 Sec. 8. Section 48A.11, subsection 2, is amended by adding 4 13 the following new paragraph: 4 14 NEW PARAGRAPH. c. The following questions and statement 4 15 regarding eligibility: 4 16 (1) Are you a citizen of the United States of America? 4 17 (2) Will you be eighteen years of age on or before 4 18 election day? 4 19 (3) If you checked "no" in response to either of these 4 20 questions, do not complete this form. 4 21 Sec. 9. Section 48A.11, subsection 5, Code 2003, is 4 22 amended to read as follows: 4 23 5. All forms for voter registration shall be prescribedby4 24rule adoptedby the state voter registration commission. 4 25 Sec. 10. Section 48A.11, Code 2003, is amended by adding 4 26 the following new subsection: 4 27 NEW SUBSECTION. 7. A voter registration application 4 28 lacking the registrant's name, sex, date of birth, or 4 29 residence address or description shall not be processed. If 4 30 the registrant answered "no" or did not answer either "yes" or 4 31 "no" to the question in subsection 2, paragraph "c", 4 32 subparagraph (1), the application shall not be processed. A 4 33 registrant whose registration is not processed pursuant to 4 34 this subsection shall be notified pursuant to section 48A.26, 4 35 subsection 3. A registrant who does not have either an Iowa 5 1 driver's license number or a social security number and who 5 2 notifies the registrar of such shall be assigned a unique 5 3 identifying number that shall serve to identify the registrant 5 4 for voter registration purposes. 5 5 Sec. 11. NEW SECTION. 48A.25A VERIFICATION OF VOTER 5 6 REGISTRATION INFORMATION. 5 7 Upon receipt of an application for voter registration, the 5 8 state registrar of voters shall compare the driver's license 5 9 number or the last four numerals of the social security number 5 10 provided by the registrant with the records of the state 5 11 department of transportation. If the information cannot be 5 12 verified, the application shall be rejected and the registrant 5 13 shall be notified of the reason for the rejection. If the 5 14 information can be verified, a record shall be made of the 5 15 source used for verification and the application shall be 5 16 accepted. 5 17 This section does not apply to persons entitled to register 5 18 to vote and to vote pursuant to section 48A.5, subsection 4. 5 19 Sec. 12. Section 48A.26, subsection 3, Code 2003, is 5 20 amended to read as follows: 5 21 3. If the registration form is missing required 5 22 information pursuant to section 48A.11, subsection 7, the 5 23 acknowledgment shall advise the applicant what additional 5 24 information is required. The commissioner shall enclose a new 5 25 registration by mail form for the applicant to use. If the 5 26 registration form has no address, the commissioner shall make 5 27 a reasonable effort to determine where the acknowledgment 5 28 should be sent. If the incomplete application is received 5 29 during the twelve days before the close of registration for an 5 30 election, the commissioner shall provide the registrant with 5 31 an opportunity to complete the form before the close of 5 32 registration. 5 33 Sec. 13. Section 48A.28, subsection 2, unnumbered 5 34 paragraph 2, Code 2003, is amended to read as follows: 5 35 A commissioner participating in the national change of 6 1 address program, in the first quarter of each calendar year, 6 2 shall send a notice and preaddressed, postage paid return card 6 3 by forwardable mail to each registered voter whose name was 6 4 not reported by the national change of address program and who 6 5 has not voted,in two or more consecutive general elections 6 6 and has not registered again, or who has not reported a change 6 7 to an existing registration, or who has not responded to a 6 8 notice from the commissioner or registrar during thepreceding6 9four calendar yearsperiod between and following the previous 6 10 two general elections. The form and language of the notice 6 11 and return card shall be specified by the state voter 6 12 registration commission by rule. A registered voter shall not 6 13 be sent a notice and return card under this subsection more 6 14 frequently than once in a four-year period. 6 15 Sec. 14. Section 48A.36, subsection 2, Code 2003, is 6 16 amended to read as follows: 6 17 2. Upon receipt of electronic registration data under 6 18 subsection 1, the state registrar of votersmayshall cause 6 19 the updating of registration recordsfor registrants in6 20counties which have arranged for data processing services6 21under section 47.7, subsection 2. The registrar shall notify 6 22 the appropriate commissioner of the actions taken. 6 23 Sec. 15. Section 48A.38, subsection 1, paragraph f, Code 6 24 2003, is amended to read as follows: 6 25 f. The county commissioner of registration and the state 6 26 registrar of voters shall remove a voter's social security 6 27 number and driver's license number from a voter registration 6 28 list prepared pursuant to this section. 6 29 Sec. 16. Section 49.44, unnumbered paragraph 2, Code 2003, 6 30 is amended by striking the paragraph. 6 31 Sec. 17. Section 49.68, Code 2003, is amended to read as 6 32 follows: 6 33 49.68 STATE COMMISSIONER TO FURNISH INSTRUCTIONS. 6 34 The state commissioner with the approval of the attorney 6 35 general shall prepare, and from time to time revise, written 7 1 instructions to the voters relative to voting, and shall 7 2 furnish each commissioner with copies of the instructions. 7 3SuchOne set of instructions, which shall be known as 7 4 instructions for marking ballots, shall cover the manner of 7 5 marking ballots. Another set of instructions, which shall be 7 6 known as the Iowa voter bill of rights, shall cover the 7 7 following matters: 7 8 1. The manner of obtaining ballots. 7 92. The manner of marking ballots.7 103.2. That unmarked or improperly marked ballots will not 7 11 be counted. 7 124.3. The method of gaining assistance in marking ballots. 7 135.4. That any erasures or identification marks, or 7 14 otherwise spoiling or defacing a ballot, will render it 7 15 invalid. 7 166.5. Not to vote a spoiled or defaced ballot. 7 177.6. How to obtain a new ballot in place of a spoiled or 7 18 defaced one. 7 19 7. How to cast a provisional ballot. 7 20 8. Instructions for first-time voters who registered by 7 21 mail pursuant to section 48A.8. 7 22 9. The appropriate official to contact if the voter 7 23 believes the voter's rights have been violated. 7 24 10. Polling place hours and the date of the election. 7 25 11. Information about federal and state laws prohibiting 7 26 fraud and misrepresentation. 7 278.12. Any other mattersthoughtdetermined necessary. 7 28 Sec. 18. Section 49.70, Code 2003, is amended to read as 7 29 follows: 7 30 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS. 7 31 The commissioner shall cause copies ofthe foregoingeach 7 32 set of instructions to be printed in large, clear type, under 7 33 theheadingheadings of Iowa voter bill of rights and 7 34"Instructionsinstructions forVotersmarking ballots", and 7 35 shall furnish the precinct election officials with a 8 1 sufficient number ofsucheach set of instructions as will 8 2 enable them to comply with section 49.71. 8 3 Sec. 19. Section 49.71, Code 2003, is amended to read as 8 4 follows: 8 5 49.71 POSTING INSTRUCTION CARDS AND SAMPLE BALLOTS. 8 6 The precinct election officials, before the opening of the 8 7 polls, shallcause said cardssecurely post each set of 8 8 instructionsto be securely postedas follows: 8 9 1. One copy of instructions for marking ballots in each 8 10 voting booth. 8 11 2. Not less than four copies of each set, with an equal 8 12 number of sample ballots, in and about the polling place. 8 13 Sec. 20. Section 49.81, Code 2003, is amended to read as 8 14 follows: 8 15 49.81 PROCEDURE FOR CHALLENGED VOTER TO CAST PROVISIONAL 8 16 BALLOT. 8 17 1. A prospective voter who is prohibited under section 8 18 48A.8, subsection 4, section 49.77, subsection 4, or section 8 19 49.80 from voting except under this section shall bepermitted8 20tonotified by the appropriate precinct election official that 8 21 the voter may cast apaperprovisional ballot. If a booth 8 22 meeting the requirement of section 49.25 is not available at 8 23 that polling place, the precinct election officials shall make 8 24 alternative arrangements to insure the challenged voter the 8 25 opportunity to vote in secret. The marked ballot, folded as 8 26 required by section 49.84, shall be delivered to a precinct 8 27 election official who shall immediately seal it in an envelope 8 28 of the type prescribed by subsection 4. The sealed envelope 8 29 shall be deposited ina specialan envelope marked"ballots8 30for special precinct"provisional ballots" and shall be 8 31 considered as having been cast in the special precinct 8 32 established by section 53.20 for purposes of the postelection 8 33 canvass. 8 34 2. Each person who casts aspecialprovisional ballot 8 35 under this section shall receive a printed statement in 9 1 substantially the following form: 9 2 Your qualifications as a registered voter have been 9 3 challenged for the following reasons: 9 4 I. ................................................. 9 5 II. ................................................. 9 6 III. ................................................. 9 7 Your right to vote will be reviewed by the special precinct 9 8 counting board on ...... You have the right and are 9 9 encouraged to make a written statement and submit additional 9 10 written evidence to this board supporting your qualifications 9 11 as a registered voter. This written statement and evidence 9 12 may be given to an election official of this precinct on 9 13 election day or mailed or delivered to the county commissioner 9 14 of elections, but must be received before .... a.m./p.m. on 9 15 ...... at ...... If your ballot is not counted you will 9 16 receive, by mail, notification of this fact and the reason 9 17 that the ballot was not counted. 9 18 3. Any elector may present written statements or 9 19 documents, supporting or opposing the counting of anyspecial9 20 provisional ballot, to the precinct election officials on 9 21 election day, until the hour for closing the polls. Any 9 22 statements or documents so presented shall be delivered to the 9 23 commissioner when the election supplies are returned. 9 24 4. The individual envelopes used for eachpaper9 25 provisional ballot cast pursuant to subsection 1 shall have 9 26 printed on them the format of the face of the registration 9 27 form under section 48A.8 and the following: 9 28 I believe I am a registered voter of thisprecinctcounty 9 29 and I am eligible to vote in this election. I registered to 9 30 vote in ...... county on or about ...... at ....... My name 9 31 at that time was ....... I have not moved to a different 9 32 county since that time. I am a United States citizen, at 9 33 least eighteen years of age. 9 34 ............................ 9 35 (signature of voter) (date) 10 1 The following information is to be provided by the precinct 10 2 election official: 10 3 Reason for challenge: 10 4 .................................. 10 5 .................................. 10 6 ............................ 10 7 (signature of precinct 10 8 election official) 10 9 Sec. 21. Section 50.20, Code 2003, is amended to read as 10 10 follows: 10 11 50.20 NOTICE OF NUMBER OFSPECIALPROVISIONAL BALLOTS. 10 12 The commissioner shall compile a list of the number of 10 13specialprovisional ballots cast under section 49.81 in each 10 14 precinct. The list shall be made available to the public as 10 15 soon as possible, but in no case later than nineo'clocka.m. 10 16 on the second day following the election. Any elector may 10 17 examine the list during normal office hours, and may also 10 18 examine the affidavit envelopes bearing the ballots of 10 19 challenged electors until the reconvening of the special 10 20 precinct board as required by this chapter. Only those 10 21 persons so permitted by section 53.23, subsection 4, shall 10 22 have access to the affidavits while that board is in session. 10 23 Any elector may present written statements or documents, 10 24 supporting or opposing the counting of any special ballot, at 10 25 the commissioner's office until the reconvening of the special 10 26 precinct board. 10 27 Sec. 22. Section 50.21, unnumbered paragraph 2, Code 2003, 10 28 is amended to read as follows: 10 29 If nospecialprovisional ballots were cast in the county 10 30 pursuant to section 49.81 at any election, the special 10 31 precinct election board need not be so reconvened. If the 10 32 number ofspecialprovisional ballotssocast at any election 10 33 is not sufficient to require reconvening of the entire 10 34 election board of the special precinct, the commissioner may 10 35 reconvene only the number of members required. If the number 11 1 ofspecialprovisional ballots cast at any election exceeds 11 2 the number of absentee ballots cast, the size of the special 11 3 precinct election board may be increased at the commissioner's 11 4 discretion. The commissioner shall observe the requirements 11 5 of sections 49.12 and 49.13 in making adjustments to the size 11 6 of the special precinct election board. 11 7 Sec. 23. Section 52.1, subsection 2, paragraph h, Code 11 8 2003, is amended to read as follows: 11 9 h. "Voting machine" meansa mechanical oran electronic 11 10 device, meeting the requirements of section 52.7, designated 11 11 for use in casting, registering, recording, and counting votes 11 12 at an election. 11 13 Sec. 24. Section 52.2, Code 2003, is amended to read as 11 14 follows: 11 15 52.2 PURCHASE. 11 16 The board of supervisors of any county may, by a majority 11 17 vote, authorize, purchase, and order the use of either voting 11 18 machines or an electronic voting system in any one or more 11 19 voting precincts withinsaidthe county until otherwise 11 20 ordered bysaidthe board of supervisors. Voting machines and 11 21 an electronic voting system may be used concurrently at 11 22differentprecincts within any county, but not at the same11 23precinct. 11 24 The state commissioner may provide voting machines or 11 25 electronic voting systems to a county to replace lever voting 11 26 machines in use in the county in order to comply with Pub. L. 11 27 No. 107-252, the Help America Vote Act of 2002. 11 28 Sec. 25. Section 52.9, unnumbered paragraph 4, Code 2003, 11 29 is amended by striking the paragraph. 11 30 Sec. 26. Section 52.10, Code 2003, is amended to read as 11 31 follows: 11 32 52.10 BALLOTS – FORM. 11 33 All ballots shall beprinted in black ink on clear, white11 34material, of such size as will fit the ballot frame, and11 35 presented in as plain, clear type as the space will reasonably 12 1 permit.The party name for each political party represented12 2on the machine shall be prefixed to the list of candidates of12 3such party. The order of the list of candidates of the12 4several parties or organizations shall be arranged as provided12 5in sections 49.30 to 49.42A, except that the lists may be12 6arranged in horizontal rows or vertical columns to meet the12 7physical requirements of the voting machine used.The 12 8 offices, candidates, judges, and public measures to be voted 12 9 upon, using the voting machine, shall be arranged as required 12 10 by chapters 43 and 49. 12 11 Sec. 27. Section 52.12, Code 2003, is amended to read as 12 12 follows: 12 13 52.12 EXCEPTION – STRAIGHT PARTY VOTING. 12 14 Voting machines shall have a singlelever or switchvoting 12 15 target which casts a vote for each candidate of a political 12 16 party or nonparty political organization which has nominated 12 17 candidates for more than one partisan office on the ballot. 12 18 Straight party voting shall be provided for all general 12 19 elections. 12 20 Sec. 28. Section 52.16, Code 2003, is amended to read as 12 21 follows: 12 22 52.16 DUTIES OF ELECTION OFFICERS– INDEPENDENT BALLOTS. 12 23 The election board of each precinct in which votes are to 12 24 be cast by machine shall meet at the precinct polling place, 12 25 at least one hour before the time set for the opening of the 12 26 polls at each election, and shall proceed to arrange the 12 27 furniture, stationery, and voting machine for the conduct of 12 28 the election. The board shall cause at leasttwo instruction12 29cardsfour sets of instructions to be posted conspicuously 12 30 within the polling place.If not previously done, they shall12 31arrange, in their proper place on the voting machine, the12 32ballots containing the names of the offices to be filled at12 33the election, and the names of the candidates nominated. If12 34not previously done, the machine shall be so arranged as to12 35show that no vote has been cast, and shall not be thereafter13 1operated, except by electors in voting.13 2 Before the polls are open for election, the board shall 13 3 carefully examine every machine and see that no vote has been 13 4 cast, and the machines are subject to inspection of the13 5election officers.If the voting machine is equipped to13 6produce a printed record showing the status of the counters,13 7this record shall be produced by the precinct election13 8officials immediatelyImmediately before the polls are open, 13 9 the precinct election officials shall print a report from each 13 10 machine showing that the counter is set at zero. The 13 11inspection sheetsreports from each machine used in the 13 12 election shall be available for examination throughout 13 13 election day. 13 14Ballots voted for any person whose name does not appear on13 15the machine as a nominated candidate for office, are referred13 16to in this section as independent ballots. When two or more13 17persons are to be elected to the same office, and the machine13 18requires that all independent ballots voted for that office be13 19deposited in a single receptacle or device, an elector may13 20vote in or by the receptacle or device for one or more persons13 21whose names do not appear upon the machine with or without the13 22names of one or more persons whose names do so appear. With13 23that exception, and except for presidential electors, no13 24independent ballot shall be voted for any person for any13 25office whose name appears on the machine as a nominated13 26candidate for that office; any independent ballot so voted13 27shall not be counted. An independent ballot must be cast in13 28its appropriate place on the machine, or it shall be void and13 29not counted.13 30 Sec. 29. Section 52.17, Code 2003, is amended to read as 13 31 follows: 13 32 52.17 VOTING MACHINE IN PLAIN VIEW. 13 33 The exterior of the voting machine and every part of the 13 34 polling place shall be in plain view of the election officers. 13 35 The voting machine shall be placed at leastthree feet from14 1every wall and partition of the polling place, and at least14 2 four feet from the precinct election officials' table. 14 3 Sec. 30. Section 52.20, Code 2003, is amended to read as 14 4 follows: 14 5 52.20 INJURY TO MACHINE. 14 6NoA voter, or other person, shall not deface or injure the 14 7 voting machine or the ballot thereon. It shall be the duty of 14 8 the precinct election officials to enforce the provisions of 14 9 this section. During the entire period of an election, at 14 10 least one oftheir numberthe officials, designated bythem14 11 the officials from time to time, shallbe stationed beside the14 12entrance to the booth and shall see that it is properly closed14 13after a voter has entered it to vote. The official shall14 14also, at such intervals as the official may deem proper or 14 15 necessary, examine the face of the machine to ascertain 14 16 whether it has been defaced or injured, to detect the 14 17 wrongdoer, and to repair any injury. If the official finds 14 18 that a person has left the voting booth without casting the 14 19 ballot, the official shall cast the ballot. 14 20 Sec. 31. Section 52.21, Code 2003, is amended by striking 14 21 the section and inserting in lieu thereof the following: 14 22 52.21 CANVASS OF VOTE – TALLY. 14 23 As soon as the polls of the election are closed, the 14 24 precinct election officials shall immediately lock the voting 14 25 machine against voting and, in the presence of all persons who 14 26 may be lawfully within the polling place, proceed to canvass 14 27 the vote. The officials shall print the results from each 14 28 machine, tally any write-in votes, and complete any canvass 14 29 documents prescribed for the voting machine by the state 14 30 commissioner. Write-in votes cast for a person whose name 14 31 appears on the ballot as a candidate for that office shall not 14 32 be counted. 14 33 Sec. 32. Section 52.23, unnumbered paragraph 2, Code 2003, 14 34 is amended to read as follows: 14 35 Theinspection sheetszero count report from each machine 15 1 used in the election and one copy of the printed results from 15 2 each machine shall be signed by all precinct election 15 3 officials and, with any paper or papers upon which write-in 15 4 votes were recorded by voters, shall be securely sealed in an 15 5 envelope marked with the name and date of the election, the 15 6 precinct, and the serial numbers of the machines from which 15 7 the enclosed results were removed. This envelope shall be 15 8 preserved, unopened, for twenty-two months following elections 15 9 for federal offices and for six months following elections for 15 10 all other offices unless a recount is requested pursuant to 15 11 section 50.48 or an election contest is pending. The envelope 15 12 shall be destroyed in the same manner as ballots pursuant to 15 13 section 50.13.Additional copiesAt least one additional copy 15 14 of the results, if any,shall be signed by the officials and 15 15 delivered to the commissioner with the other supplies from the 15 16 election pursuant to section 50.17. 15 17 Sec. 33. Section 52.25, unnumbered paragraph 2, Code 2003, 15 18 is amended to read as follows: 15 19 The entire convention question, amendment or public measure 15 20 shall be printed and displayed prominently in at least four 15 21 places within the voting precinct, and inside each voting 15 22 booth,or on the left-hand side inside the curtain of each15 23voting machine,the printing to be in conformity with the 15 24 provisions of chapter 49. The public measure shall be 15 25 summarized by the commissioner and in the largest type 15 26 possible printed on the special paper ballots orinserts used15 27 in the voting machines, except that: 15 28 Sec. 34. NEW SECTION. 53.37A STATE COMMISSIONER DUTIES. 15 29 The state commissioner of elections shall provide 15 30 information regarding voter registration procedures and 15 31 absentee ballot procedures to be used by members of the armed 15 32 forces of the United States. The state commissioner shall 15 33 accept valid voter registration applications and absentee 15 34 ballot applications and shall forward the applications to the 15 35 appropriate county commissioner of elections in a timely 16 1 manner. 16 2 Sec. 35. Section 53.40, unnumbered paragraph 1, Code 2003, 16 3 is amended to read as follows: 16 4 A request in writing for a ballot may be made by any member 16 5 of the armed forces of the United States who is or will be a 16 6 qualified voter on the day of the election at which the ballot 16 7 is to be cast, at any time before the election. Any member of 16 8 the armed forces of the United States may request ballots for 16 9 all elections to be heldwithin a calendar yearthrough the 16 10 next two general elections. The request may be made by using 16 11 the federal postcard application form and indicating that the 16 12 applicant wishes to receive ballots for all elections as 16 13 permitted by state law. The county commissioner shall send 16 14 the applicant a ballot for each election heldduring the16 15calendar year in whichafter the application is received and 16 16 through the next two general elections. The commissioner 16 17 shall forward a copy of the absentee ballot request to other 16 18 commissioners who are responsible under section 47.2, 16 19 subsection 2, for conducting elections in which the applicant 16 20 is eligible to vote. 16 21 Sec. 36. Section 53.53, Code 2003, is amended by adding 16 22 the following new unnumbered paragraphs: 16 23 NEW UNNUMBERED PARAGRAPH. A federal write-in ballot 16 24 received by the state commissioner of elections shall be 16 25 forwarded immediately to the appropriate county commissioner. 16 26 However, if the state commissioner receives a federal write-in 16 27 ballot after election day and before noon on the Monday 16 28 following an election, the state commissioner shall at once 16 29 verify that the voter has complied with the requirements of 16 30 this section and that the voter's federal write-in ballot is 16 31 eligible to be counted. If the ballot is eligible to be 16 32 counted, the state commissioner shall notify the appropriate 16 33 county commissioner and make arrangements for the ballot to be 16 34 transmitted to the county for counting. If the ballot is not 16 35 eligible to be counted, the state commissioner shall mail the 17 1 ballot to the appropriate commissioner along with notification 17 2 that the ballot is ineligible to be counted. The county 17 3 commissioner shall keep the ballot with the other records of 17 4 the election. 17 5 NEW UNNUMBERED PARAGRAPH. The county commissioner shall 17 6 notify a voter when the voter's federal write-in ballot was 17 7 not counted and shall give the voter the reason the ballot was 17 8 not counted. 17 9 Sec. 37. Sections 49.35, 52.11, 52.14, and 52.22, Code 17 10 2003, are repealed. 17 11 DIVISION II 17 12 APPROPRIATIONS 17 13 Sec. 38. There is appropriated from the general fund of 17 14 the state to the state election fund of the secretary of 17 15 state, as established by the department of management, for the 17 16 designated state fiscal years of the fiscal period beginning 17 17 July 1, 2002, and ending June 30, 2005, the following amounts, 17 18 or so much thereof as is necessary, to be used for the 17 19 purposes designated: 17 20 1. To provide a five percent match of the federal 17 21 appropriation allocated to Iowa by Pub. L. No. 107-252, the 17 22 Help America Vote Act of 2002, and appropriated by Congress on 17 23 or before September 30, 2003, to be expended in accordance 17 24 with the plan submitted by the governor to the federal 17 25 election assistance commission as established by Pub. L. No. 17 26 107-252, section 201: 17 27 FY 2002-2003....................................... $736,842.11 17 28 2. To provide a five percent match of the federal 17 29 appropriation allocated to Iowa by Pub. L. No. 107-252, the 17 30 Help America Vote Act of 2002, and appropriated by Congress on 17 31 or before September 30, 2004, to be expended in accordance 17 32 with the plan submitted by the governor to the federal 17 33 election assistance commission as established by Pub. L. No. 17 34 107-252, section 201: 17 35 FY 2003-2004....................................... $526,315.79 18 1 3. To provide a five percent match of the federal 18 2 appropriation allocated to Iowa by Pub. L. No. 107-252, the 18 3 Help America Vote Act of 2002, and appropriated by Congress on 18 4 or before September 30, 2005, to be expended in accordance 18 5 with the plan submitted by the governor to the federal 18 6 election assistance commission as established by Pub. L. No. 18 7 107-252, section 201: 18 8 FY 2004-2005....................................... $315,789.47 18 9 Notwithstanding section 8.33, moneys appropriated in this 18 10 section that remain unencumbered or unobligated at the close 18 11 of the fiscal year shall not revert but shall remain available 18 12 for expenditure for the purposes designated. Interest earned 18 13 on deposits into the state election fund shall be retained in 18 14 the fund for use for any purposes authorized by Pub. L. No. 18 15 107-252. 18 16 Sec. 39. HELP AMERICA VOTE ACT – IMPLEMENTATION – 18 17 COMPLIANCE – SUBMISSION OF STATE PLAN. 18 18 1. On or before December 31, 2003, the governor shall 18 19 notify the appropriate federal agency of Iowa's intention to 18 20 participate in, and receive funds under, the Help America Vote 18 21 Act, Pub. L. No. 107-252. 18 22 2. The secretary of state shall develop a plan for 18 23 compliance with Pub. L. No. 107-252 for each fiscal year that 18 24 federal moneys will be received by the state. The plan shall 18 25 be developed by a committee comprised of, but not limited to: 18 26 a. The secretary of state, or the secretary's designee. 18 27 b. The county commissioners of elections of the two most 18 28 populous counties in the state. 18 29 c. Other local election officials appointed by the 18 30 secretary of state. 18 31 d. Interested persons, including representatives of groups 18 32 of individuals with disabilities appointed by the secretary of 18 33 state. 18 34 e. Citizens of the state appointed by the secretary of 18 35 state. 19 1 3. The plan shall include, at a minimum, the information 19 2 required in section 254 of Pub. L. No. 107-252. 19 3 4. The proposed plan for compliance shall be adopted as a 19 4 rule subject to chapter 17A, the administrative procedures 19 5 Act. Compliance with chapter 17A shall be considered 19 6 compliance with the public notice and comment requirements of 19 7 section 256 of Pub. L. No. 107-252. 19 8 5. The plan for compliance developed by the committee, and 19 9 adopted public notice and comment pursuant to chapter 17A, 19 10 shall be transmitted to the governor who shall submit the plan 19 11 to the appropriate federal agency. 19 12 Sec. 40. EFFECTIVE DATES. 19 13 1. The sections of this Act enacting new Code section 19 14 48A.25A and amending Code sections 48A.26, 48A.36, 49.68, 19 15 49.70, 49.71, and that portion of section 52.16 relating to 19 16 voter instructions only, take effect January 1, 2004, or 19 17 January 1, 2006, if a waiver is granted pursuant to section 19 18 303(d) of Pub. L. No. 107-252. 19 19 2. The remainder of this Act, being deemed of immediate 19 20 importance, takes effect upon enactment. 19 21 EXPLANATION 19 22 This bill makes changes to the law relating to elections 19 23 and voter registration. Division I of the bill contains Iowa 19 24 Code language changes which, unless otherwise noted, are 19 25 necessary to comply with requirements of Public Law No. 107- 19 26 252, the Help America Vote Act of 2002. Division II of the 19 27 bill makes appropriations to provide matching state funds in 19 28 order to secure federal moneys and includes temporary 19 29 statutory changes relating to requirements of the Help America 19 30 Vote Act. 19 31 Code section 47.1 is amended to require the state 19 32 commissioner of elections (secretary of state) to adopt, by 19 33 rule, administrative complaint procedures for resolution of 19 34 grievances relating to violations of those provisions of the 19 35 Help America Vote Act relating to uniform and 20 1 nondiscriminatory election technology and administration 20 2 requirements. 20 3 Code section 47.7 is amended to require the state registrar 20 4 of voters (secretary of state), on or before January 1, 2004, 20 5 or on or before January 1, 2006, if a federal waiver is 20 6 granted, to implement a centralized, computerized statewide 20 7 voter registration system. The statewide system must be 20 8 interactive with other agency computer databases in the state. 20 9 Code section 48A.36 is amended to conform to this requirement. 20 10 Code section 48A.8 is amended to provide that an eligible 20 11 elector who registers by mail and who has not previously voted 20 12 in an election for federal office in the county of 20 13 registration shall be required to present identification when 20 14 voting for the first time unless the voter provided the 20 15 voter's Iowa driver's license or the last four numerals of the 20 16 voter's social security number on the registration form and 20 17 those numbers were subsequently verified. If the voter votes 20 18 an absentee ballot by mail, the voter is required to include a 20 19 photocopy of one of the optional forms of identification with 20 20 the ballot. If the required identification is not provided, 20 21 the voter will be allowed to vote a provisional ballot or, if 20 22 voting an absentee ballot by mail, the absentee ballot shall 20 23 be considered a provisional ballot. 20 24 Code section 48A.11, relating to information required when 20 25 registering to vote, is amended to require that the first name 20 26 and any family forename or surname be included when providing 20 27 the registrant's name. That section is also amended to 20 28 require that the registrant provide the registrant's Iowa 20 29 driver's license number or, if not available, the last four 20 30 numerals of the registrant's social security number. If the 20 31 registrant does not have either an Iowa driver's license or 20 32 social security number, the registrar is to assign the 20 33 registrant an identification number for voter registration 20 34 purposes. Code section 48A.11 is amended to specify that the 20 35 requirement for the registrant's date of birth includes the 21 1 month, date, and year of birth. The section is amended to 21 2 require that the voter registration form ask the registrant if 21 3 the registrant is a citizen of the United States and if the 21 4 registrant will be 18 years old on or before election day. 21 5 The form shall contain a statement that if the registrant 21 6 answered "no" to either of those questions, the registrant is 21 7 not to complete the registration form. Finally, Code section 21 8 48A.11 is amended to add a new subsection providing that if 21 9 certain required information is not provided on the 21 10 registration form, the form shall not be processed and the 21 11 registrar shall mail an acknowledgment to the registrant 21 12 notifying the registrant that the registration could not be 21 13 processed. 21 14 The amendments to Code section 48A.11, relating to 21 15 political party affiliation on the voter registration form, 21 16 and striking the requirement that the state voter registration 21 17 commission prescribe voter registration forms by rule, are not 21 18 required by the Help America Vote Act. 21 19 New Code section 48A.25A requires the state registrar of 21 20 voters to verify the registrant's driver's license number or 21 21 the last four digits of the registrant's social security 21 22 number. If either number provided cannot be verified, the 21 23 state registrar shall reject the registration application and 21 24 the registrant shall be notified. If the information can be 21 25 verified, the registrar is to make a record of the source used 21 26 for verification. 21 27 Code section 48A.26, is amended to provide that if a voter 21 28 registration form lacking required information is received 21 29 during the 12 days before the close of registration, the 21 30 commissioner shall provide the registrant with an opportunity 21 31 to complete the form before the close of registration. 21 32 Code section 48A.28 is amended to change the time period 21 33 from four consecutive calendar years to two or more 21 34 consecutive general elections under which a commissioner 21 35 participating in the national change of address program is to 22 1 notify a registered voter if the voter has not voted after 22 2 registering or if the voter has not responded to a prior 22 3 notice mailed by the commissioner. 22 4 Code section 48A.38 is amended to require that a voter's 22 5 driver's license number be removed from a voter registration 22 6 list prepared at the request of any person. Current law 22 7 requires that the voter's social security number be removed. 22 8 Code section 49.68 is amended to require the state 22 9 commissioner to prepare two separate sets of instructions to 22 10 voters, rather than the current one. A second set is required 22 11 which is to contain instructions on the manner of marking 22 12 ballots only. The other set, which is to be known as the Iowa 22 13 voter bill of rights, is to contain instructions required by 22 14 current Code plus instructions on casting a provisional 22 15 ballot, instructions for first-time voters who registered by 22 16 mail, the appropriate official to contact if the voter 22 17 believes the voter's rights relating to voting have been 22 18 violated, polling place hours and the date of the election, 22 19 and information on federal and state laws which prohibit fraud 22 20 and misrepresentation related to voting. Code sections 49.70, 22 21 49.71, and 52.16 are amended to conform to the new requirement 22 22 that two separate sets of instructions be prepared. 22 23 Code sections 49.81, 50.20, and 50.21 are amended to change 22 24 the term "special ballot" to "provisional ballot" which is the 22 25 term used in the Help America Vote Act for a ballot cast by a 22 26 challenged voter. Code section 49.81 is also amended to 22 27 provide that when a challenged voter's ballot is not counted 22 28 the commissioner, when notifying the voter, shall notify the 22 29 voter by mail and shall inform the voter why the ballot was 22 30 not counted. 22 31 Code section 52.1 is amended to remove lever voting 22 32 machines as an acceptable voting machine in Iowa. Code 22 33 sections 49.44, 52.9, 52.10, 52.12, 52.16, 52.17, 52.20, 22 34 52.21, and 52.25 are amended to conform to this change. Code 22 35 sections 49.35, 52.11, 52.14, and 52.22 are repealed to 23 1 conform to this change. 23 2 Code section 52.2 is amended to provide that the state 23 3 commissioner may provide voting equipment to a county that is 23 4 required to replace its lever voting machines with a different 23 5 type of voting machine or voting system. 23 6 Code section 52.16 is amended to require the election 23 7 officials to print a report showing that the voter machine 23 8 counter is set at zero immediately before the polls open to 23 9 voters. 23 10 Code section 52.20 is amended to provide that if a voter 23 11 leaves the voting booth without having cast the ballot the 23 12 voter voted, the precinct election official shall cast the 23 13 ballot. 23 14 Code section 52.21 is amended to provide that write-in 23 15 votes cast for a person whose name appears on the ballot as a 23 16 candidate for that office shall not be counted. 23 17 Code section 52.23 is amended to require that at least one 23 18 additional copy of the printed canvass results from each 23 19 voting machine shall be signed by the precinct election 23 20 officials and delivered to the county commissioner. 23 21 Currently, more than one additional copy is required to be 23 22 delivered to the commissioner. 23 23 New Code section 53.37A requires the state commissioner of 23 24 elections to provide information to members of the armed 23 25 forces of the United States on voter registration and absentee 23 26 ballot procedures. The section also requires the state 23 27 commissioner to accept voter registration applications and 23 28 absentee ballot applications from members of the armed forces 23 29 and to forward the applications to the appropriate county 23 30 commissioner of elections. 23 31 Code section 53.40 is amended to extend the time period 23 32 during which a commissioner is to mail absentee ballots to a 23 33 member of the armed forces after receiving the member's 23 34 initial application for an absentee ballot. The time period 23 35 is extended from one calendar year after receipt of the 24 1 application to the next two general elections after receipt of 24 2 the application. 24 3 Code section 53.53 is amended to provide that when the 24 4 state commissioner receives a federal write-in ballot, the 24 5 commissioner is to immediately forward it to the appropriate 24 6 county commissioner of elections. If the ballot is received 24 7 after election day but before noon on the Monday following the 24 8 election, the state commissioner, rather than the county 24 9 commissioner, is to verify that the ballot is eligible to be 24 10 counted and shall notify the appropriate county commissioner 24 11 and transmit the ballot. If the ballot is not to be counted, 24 12 the county commissioner is required to notify the voter and 24 13 give the reason why the ballot was not counted. 24 14 The first part of Division II of the bill makes state 24 15 appropriations for FY 2002-2003, FY 2003-2004, and FY 2004- 24 16 2005 to provide state matching funds for federal 24 17 appropriations related to implementing the state plan for 24 18 compliance with the federal Help America Vote Act. The bill 24 19 provides that moneys appropriated in all three fiscal years 24 20 shall remain available for expenditure for the purposes 24 21 designated. 24 22 The second part of the division restates requirements 24 23 contained in the Help America Vote Act that relate to the 24 24 state developing a plan for compliance and requiring the 24 25 governor, on or before December 31, 2003, to notify the 24 26 appropriate federal agency that the state intends to 24 27 participate in, and receive funds under, the federal Help 24 28 America Vote Act. The bill provides that the proposed state 24 29 plan for compliance shall be adopted as a rule pursuant to the 24 30 state administrative procedures Act. 24 31 The sections of the bill enacting new Code section 48A.25 24 32 and amending Code sections 48A.26, 48A.36, 49.68, 49.70, and 24 33 49.71, and that portion of section 52.16 relating to voter 24 34 instructions only, take effect January 1, 2004. The remainder 24 35 of the bill takes effect from enactment. 25 1 LSB 1336DP 80 25 2 sc/pj/5.2
Text: HSB00155 Text: HSB00157 Text: HSB00100 - HSB00199 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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