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Senate File 2046

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 48A.5, subsection 2, paragraph c, Code
  1  2 2003, is amended to read as follows:
  1  3    c.  Be at least eighteen years of age.  However, for
  1  4 purposes of voting in a school district election, an eligible
  1  5 elector shall be at least seventeen years of age.  Completed
  1  6 registration forms shall be accepted from registrants who are
  1  7 at least seventeen and a half years of age; however, the.  For
  1  8 all elections except school district elections, the
  1  9 registration shall not be effective until the registrant
  1 10 reaches the age of eighteen.
  1 11    Sec. 2.  Section 48A.5, Code 2003, is amended by adding the
  1 12 following new subsection:
  1 13    NEW SUBSECTION.  3A.  If a person is registering under the
  1 14 provisions of section 48A.9A, the person shall be a resident
  1 15 of the county in which the election is held for ten days
  1 16 immediately preceding the election, subject to the provisions
  1 17 of subsection 3 and section 48A.27, subsection 2, paragraph
  1 18 "a", subparagraph (3).
  1 19    Sec. 3.  Section 48A.9, subsection 1, Code 2003, is amended
  1 20 to read as follows:
  1 21    1.  Registration closes at five p.m. eleven days before
  1 22 each election except primary and general elections.  For
  1 23 primary and general elections, registration closes at five
  1 24 p.m. ten days before the election.  An eligible elector may
  1 25 register during the time registration is closed in the
  1 26 elector's precinct but the registration shall not become
  1 27 effective until registration opens again in the elector's
  1 28 precinct unless the elector obtains an affidavit of special
  1 29 late registration as provided in section 48A.9A.
  1 30    Sec. 4.  NEW SECTION.  48A.9A  SPECIAL LATE REGISTRATION.
  1 31    1.  Notwithstanding the voter registration deadlines in
  1 32 section 48A.9, an eligible elector may register to vote on any
  1 33 day after registration has closed in the elector's precinct,
  1 34 including on election day.
  1 35    2.  The commissioner shall record the information required
  2  1 of an eligible elector on the election register for the county
  2  2 precinct of the eligible elector or shall provide a separate
  2  3 listing of the information required of an eligible elector to
  2  4 the county precinct of the eligible elector who registers in
  2  5 person at the commissioner's office or at any alternative
  2  6 location designated by the commissioner for special late
  2  7 registration on any day after registration has closed in the
  2  8 elector's precinct, including on election day.
  2  9    3.  If the commissioner is unable to make available to a
  2 10 county precinct the information required of an eligible
  2 11 elector who registers through special late registration
  2 12 procedures, on the election register of a county precinct or
  2 13 through the provision of a separate listing of the eligible
  2 14 electors who register through special late registration
  2 15 procedures, an eligible elector may obtain from the
  2 16 commissioner of registration a form of affidavit prescribed by
  2 17 the state commissioner of elections to serve as evidence of
  2 18 special late registration.  If the affidavit is completed by
  2 19 the elector and notarized by the commissioner of registration,
  2 20 the elector is deemed registered under special late
  2 21 registration procedures and may present the affidavit at the
  2 22 elector's polling place on election day as proof that the
  2 23 elector is registered to vote.  The election officials of the
  2 24 elector's precinct shall accept the elector's affidavit of
  2 25 special late registration and shall proceed as if the
  2 26 elector's name were listed in the election register.
  2 27    The election officials shall preserve all affidavits
  2 28 submitted pursuant to this section and forward them to the
  2 29 commissioner of registration at the time the election register
  2 30 is returned.  A registration under this section is subject to
  2 31 verification as provided in section 48A.26.
  2 32    4.  The commissioner may designate alternative locations,
  2 33 in addition to the commissioner's office, to provide access to
  2 34 special late registration procedures.  If the precinct polling
  2 35 place is designated as an alternative location, the
  3  1 commissioner or an employee of the commissioner shall process
  3  2 special late registrations at a table separate from the
  3  3 precinct election officials, in order to reduce congestion at
  3  4 the polling place and to avoid discouraging voters from
  3  5 casting a ballot.
  3  6    Sec. 5.  Section 48A.11, subsection 1, paragraph c, Code
  3  7 2003, is amended to read as follows:
  3  8    c.  The address at which the registrant resides and claims
  3  9 as the registrant's residence for voting purposes.  The
  3 10 commissioner may require proof of residency if the registrant
  3 11 is registering pursuant to section 48A.9A.  The state
  3 12 commissioner of elections shall designate which documents are
  3 13 acceptable to show proof of residency.
  3 14    Sec. 6.  Section 48A.26, subsections 1 and 4, Code 2003,
  3 15 are amended to read as follows:
  3 16    1.  Within seven working days of receipt of a voter
  3 17 registration form or change of information in a voter
  3 18 registration record the commissioner shall send an
  3 19 acknowledgment to the registrant at the mailing address shown
  3 20 on the registration form.  However, in the case of special
  3 21 late registrations, the commissioner shall send the
  3 22 acknowledgment within ten days of receipt of the special late
  3 23 registration.  The acknowledgment shall be sent by
  3 24 nonforwardable mail.
  3 25    4.  If the acknowledgment is returned as undeliverable by
  3 26 the United States postal service, the commissioner shall
  3 27 follow the procedure described in section 48A.29, subsection
  3 28 1.  However, if the acknowledgment mailed for a special late
  3 29 registration is returned as undeliverable by the postal
  3 30 service, the commissioner shall cancel the registration and
  3 31 shall immediately notify the state commissioner of
  3 32 registration and the county attorney.
  3 33    Sec. 7.  Section 48A.26, Code 2003, is amended by adding
  3 34 the following new subsection:
  3 35    NEW SUBSECTION.  1A.  Within ten working days after
  4  1 receiving a special late registration pursuant to section
  4  2 48A.9A, the commissioner shall send an acknowledgment to the
  4  3 registrant at the mailing address shown on the registration
  4  4 form.  The acknowledgment shall be sent by nonforwardable
  4  5 mail.
  4  6    Sec. 8.  Section 48A.26, subsection 7, Code 2003, is
  4  7 amended to read as follows:
  4  8    7.  When a person who is at least seventeen and one-half
  4  9 years of age but less than eighteen years of age registers to
  4 10 vote, the commissioner shall maintain a record of the
  4 11 registration so as to clearly indicate that it will not take
  4 12 effect until the registrant's eighteenth birthday and that the
  4 13 person is registered and qualifies to vote at any election
  4 14 held on or after that date.  However, for purposes of voting
  4 15 in a school district election, the registration shall take
  4 16 effect immediately.
  4 17    Sec. 9.  Section 48A.30, subsection 1, Code 2003, is
  4 18 amended by adding the following new paragraph:
  4 19    NEW PARAGRAPH.  g.  The acknowledgment of a voter who
  4 20 registered to vote under the special late registration
  4 21 provisions is returned pursuant to section 48A.29, subsection
  4 22 1 or 2.
  4 23    Sec. 10.  Section 49.77, Code 2003, is amended by adding
  4 24 the following new subsection:
  4 25    NEW SUBSECTION.  6.  A person whose name does not appear on
  4 26 the election register of the precinct who registers under
  4 27 section 48A.9A shall be allowed to cast a ballot and the
  4 28 precinct election official is not under a duty to require that
  4 29 the ballot be cast under section 49.81.
  4 30    Sec. 11.  Section 49.81, subsection 4, unnumbered paragraph
  4 31 2, Code 2003, is amended to read as follows:
  4 32    I believe I am a registered voter of this precinct.  I
  4 33 registered to vote in ...... county on or about ...... at
  4 34 ....... My name at that time was ....... I have not moved to a
  4 35 different county since that time.  I am a United States
  5  1 citizen, at least eighteen years of age or seventeen years of
  5  2 age in the case of a school district election.  
  5  3                 .............
  5  4                 (signature of voter)  (date)
  5  5    Sec. 12.  NEW SECTION.  53.3  ONGOING ABSENTEE VOTER.
  5  6    A registered voter applying for an absentee ballot under
  5  7 section 53.2 using the state commissioner's prescribed form
  5  8 for absentee ballot applications may request to receive an
  5  9 absentee ballot for each subsequent general election in which
  5 10 that person is eligible to vote, and qualifies under section
  5 11 53.1.  The state commissioner shall provide on the prescribed
  5 12 form a check box for this purpose.  For each subsequent
  5 13 general election, the commissioner shall automatically mail an
  5 14 absentee ballot to the requesting voter, or automatically
  5 15 deliver an absentee ballot to a confined person pursuant to
  5 16 section 53.22.  A voter's status as an ongoing absentee voter
  5 17 shall be terminated upon the request of the voter, by the
  5 18 commissioner if the voter fails to qualify under section 53.1,
  5 19 or if the voter fails to vote in a subsequent general
  5 20 election.
  5 21    Sec. 13.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection
  5 22 3, shall not apply to this Act.  
  5 23                           EXPLANATION
  5 24    This bill relates to the conduct of elections and voter
  5 25 registration.
  5 26    The bill allows a person at least 17 years of age to
  5 27 register to vote.  The bill also allows an elector who is at
  5 28 least 17 years of age to vote in school district elections.
  5 29    The bill provides for a special late voter registration
  5 30 procedure which would enable an eligible elector to vote at
  5 31 the polling place on election day.  The person is required to
  5 32 have been a resident of the county in which the election is
  5 33 held for 10 days immediately preceding the election.  The
  5 34 person is also required to show proof of residency when
  5 35 registering.  The state commissioner of elections, i.e., the
  6  1 secretary of state, shall designate which documents are
  6  2 acceptable to show proof of residency.
  6  3    The bill provides for the issuance of special late
  6  4 registration affidavits to serve as proof of voting
  6  5 eligibility if the county commissioner of registration is
  6  6 unable to make the information required of an eligible elector
  6  7 available on the election register of a county precinct.
  6  8    The bill requires the county commissioner to mail
  6  9 acknowledgment to the late registrant within 10 days of
  6 10 registering.  If the acknowledgment is returned as
  6 11 undeliverable by the postal service, the commissioner is
  6 12 directed to cancel the registration and immediately notify the
  6 13 state commissioner of registration and the county attorney.
  6 14    The bill allows an absentee voter to receive absentee
  6 15 ballots for all subsequent general elections without having to
  6 16 reapply before each election.  A person's status as an ongoing
  6 17 absentee voter can be terminated by that person, by the county
  6 18 commissioner of elections if the person fails to qualify as an
  6 19 absentee voter, or if the voter fails to vote in a subsequent
  6 20 general election.
  6 21    The bill may include a state mandate as defined in Code
  6 22 section 25B.3.  The bill makes inapplicable Code section
  6 23 25B.2, subsection 3, which would relieve a political
  6 24 subdivision from complying with a state mandate if funding for
  6 25 the cost of the state mandate is not provided or specified.
  6 26 Therefore, political subdivisions are required to comply with
  6 27 any state mandate included in the bill.  
  6 28 LSB 5861SS 80
  6 29 sc/sh/8
     

Text: SF02045                           Text: SF02047
Text: SF02000 - SF02099                 Text: SF Index
Bills and Amendments: General Index     Bill History: General Index

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