CHAPTER 1
ORGANIZATION, PURPOSE, PROCEDURES AND DEFINITIONS
[Prior to 3/21/90, see Voter Registration Commission[845], Ch 1]
821—1.1(47) Voter registration commission composition. The commission consists of four members: the state commissioner of elections, and the chairpersons of the two state political parties whose candidates for President of the United States or for governor, as the case may be, in the most recent general election, received the greatest and the second greatest number of votes, or their designees, and a person appointed by the president of the Iowa State Association of County Auditors.
821—1.2(47) State registrar of voters. The state commissioner of elections is designated the state registrar of voters. The state registrar is responsible for the regulation of the preservation, preparation and maintenance of voter registration records and the preparation of precinct election registers for all elections administered by any county commissioner of elections. This regulation activity is in accordance with the policies of the voter registration commission.
This rule is intended to implement Iowa Code section 47.7(1).
821—1.3(47) General operating rules.
	1.3(1) The chair of the commission is the state commissioner of elections or the state commissioner’s designee.
	1.3(2) Any member of the commission, including the chair, may make and second any motion.
	1.3(3) To prevail, a motion, declaratory ruling, or ruling in a contested case must receive the votes of a majority of commissioners present and voting.
	1.3(4) Rescinded IAB 10/25/95, effective 10/6/95.
	1.3(5) A designee of a statutory member shall present a letter from the statutory member appointing the designee.
	1.3(6) A quorum of the commission is four members. No official action may be taken in the absence of a quorum.
	1.3(7) Any member of the public may petition the commission concerning any subject under the commission’s authority. Any member of the public may propose new rules or modifications to existing rules of the commission. Petitions or proposed rule changes may be in letter form, filed with the registrar and addressed to the commission. Any such letter must include a discussion of the problem or issue, addressing and supporting rationale for any proposed action by the commission. In addition, any such petition must state the legal authority which petitioner believes confers jurisdiction over the subject matter to the commission. Action on petitions received shall be taken not later than the second regular commission meeting following receipt of the petition. In the event a hearing is held on an issue, the hearing shall be scheduled within 90 days of receipt of the petition.
821—1.4(47) Voter registration staff.
	1.4(1) Voter registration system. Under the general direction of the state registrar of voters, the director of voter registration conducts and directs those activities necessary to implement and maintain the statewide voter registration system. The voter registration staff includes clerical and technical personnel temporarily or permanently assigned by the registrar to support the voter registration function.
	1.4(2) Intergovernmental relations. The voter registration director and staff are responsible for working with and assisting county commissioners in performing their voter registration duties under the law, including acquisition of voter registration data processing services, preparation of election registers, maintaining voter registration files, processing registration applications and related activities. The director and staff are responsible for communicating with state and federal court officials to arrange for the provision of information from voter registration records to the courts for use in the jury selection process. The director and staff are also responsible for ensuring the transfer of electronic registration data from registration agencies and the department of transportation to the appropriate county commissioner.
	1.4(3) Staff support to the commission. The registrar and voter registration staff provide support services to the commission as required in the performance of the commission’s official duties.
821—1.5(47) Declaratory ruling by voter registration commission. Any member of the commission or the public may petition the commission for a declaratory ruling as to the applicability of any statutory provision, rule or other written statement of law or policy. The petition must be filed with the registrar at least seven days before the regular or special meeting at which the petition is to be considered. The registrar shall provide a copy of the petition to each voter registration commissioner at least four days before the meeting. Declaratory rulings shall be made in writing and placed on file with the registrar.
821—1.6(47) Contested cases.
	1.6(1) Hearings. Hearings for contested cases under the authority of the voter registration commission shall be presided over by the voter registration commission. Notice shall be given, the hearing conducted and the records of the hearing kept in accordance with Iowa Code section 17A.12.
	1.6(2) Rules of evidence. Rules of evidence shall be those enumerated under Iowa Code section 17A.14.
821—1.7(47) Definitions. The following terms have the meanings assigned to them by this rule wherever the terms appear in these rules, unless the context of usage clearly requires otherwise.
“Agency” means a voter registration agency and the office of driver services, department of transportation.
“Commission” or “voter registration commission” means the voter registration commission as defined in Iowa Code section 47.8.
“Commissioner” or “county commissioner” means the county commissioner of registration as defined in Iowa Code section 48.1.
“Driver license clerk” means an employee of the office of driver services, department of transportation, who has face-to-face contact with clients seeking a driver license or nonoperator identification card, or a county employee in the office of the county treasurer who performs a similar function.
“NCOA” means National Change of Address, and refers to the collection and distribution of information by the United States Postal Service or its licensed vendors; programs instituted to support that collection and distribution; or the information itself.
“Registrar” or “state registrar” means the state registrar of voters as defined in Iowa Code section 47.7.
“Voter registration agency” means any department, division, or bureau in state government which provides voter registration services pursuant to Iowa Code section 48A.18. A department, division, or bureau which merely makes mail-in voter registration applications available to its clients, employees, or general public is not a voter registration agency, nor is the office of driver services, department of transportation.
“Voter registration commissioner” means a member of the voter registration commission.
These rules are intended to implement Iowa Code sections 47.7 and 47.8.
[Filed 7/5/77, Notice 6/1/77—published 7/27/77, effective 8/31/77]
[Filed 8/30/89, Notice 4/5/89—published 9/20/89, effective 10/25/89]
[Filed 3/1/90, Notice 9/6/89—published 3/21/90, effective 4/25/90]
[Filed 11/4/94, Notice 9/28/94—published 11/23/94, effective 1/5/95]
[Filed emergency 10/6/95—published 10/25/95, effective 10/6/95]
[Filed 12/16/99, Notice 10/20/99—published 1/12/00, effective 2/16/00]