Senate File 452 S-3242 Amend the amendment, S-3223, to the House amendment, 1 S-3218, to Senate File 452, as amended, passed, and 2 reprinted by the Senate, as follows: 3 1. Page 61, after line 22 by inserting: 4 < DIVISION ___ 5 VOTER IDENTIFICATION REQUIREMENTS 6 Sec. ___. Section 39A.2, subsection 1, paragraph 7 b, Code 2013, is amended by adding the following new 8 subparagraph: 9 NEW SUBPARAGRAPH . (6) Falsely swears to an oath 10 required pursuant to section 49.77, subsection 3, or 11 an affidavit pursuant to section 49.81, subsection 5, 12 paragraph “b” . 13 Sec. ___. Section 48A.7A, subsection 1, paragraph 14 a, Code 2013, is amended to read as follows: 15 a. A person who is eligible to register to vote 16 and to vote may register on election day by appearing 17 in person at the polling place for the precinct in 18 which the individual resides and completing a voter 19 registration application, making written oath, and 20 providing proof of identity and residence proof of 21 residence pursuant to paragraph “b” . 22 Sec. ___. Section 48A.7A, subsection 1, paragraph 23 b, Code 2013, is amended by striking the paragraph and 24 inserting in lieu thereof the following: 25 b. (1) For purposes of this section, a person may 26 establish identity by showing proof of identification 27 as required in section 49.77, subsection 3. 28 (2) For purposes of this section, a person may 29 establish residence using a proof of identification 30 document described in section 49.77, subsection 3, 31 paragraph “b” , if the proof of identification contains 32 the person’s current address in the precinct. If the 33 proof of identification does not contain the person’s 34 current address in the precinct, the person shall also 35 present one of the following documents that shows the 36 person’s name and current address in the precinct: 37 (a) Utility bill. 38 (b) Bank statement. 39 (c) Paycheck. 40 (d) Government check. 41 (e) Other government document. 42 Sec. ___. Section 48A.7A, subsections 2 and 3, Code 43 2013, are amended to read as follows: 44 2. The oath required in subsection 1 , paragraph 45 “a” , and in paragraph “c” , if applicable, shall be 46 executed on the same piece of paper and attached to the 47 voter registration application. 48 3. At any time before election day, and after the 49 deadline for registration in section 48A.9 , a person 50 -1- S3223.2222 (2) 85 tm/jp 1/ 10 #1.
who appears in person at the commissioner’s office or 1 at a satellite absentee voting station or whose ballot 2 is delivered to a health care facility pursuant to 3 section 53.22 may register to vote and vote an absentee 4 ballot by following the procedure in this section 5 for registering to vote on election day. A person 6 who wishes to vote in person at the polling place on 7 election day and who has not registered to vote before 8 the deadline for registering in section 48A.9 , is 9 required to register to vote at the polling place on 10 election day following the procedure in this section . 11 However, the person may complete the voter registration 12 application at the commissioner’s office and, after the 13 commissioner has reviewed the completed application, 14 may present the application to the appropriate precinct 15 election official along with proof of identity and 16 residency identification and proof of residence . 17 Sec. ___. Section 48A.8, subsection 2, unnumbered 18 paragraph 1, Code 2013, is amended to read as follows: 19 An eligible elector who registers by mail and who 20 has not previously voted in an election for federal 21 office in the county of registration shall be required 22 to provide additional identification documents when 23 voting for the first time in the county, unless the 24 registrant provided on the registration form the 25 registrant’s Iowa driver’s license number, or the 26 registrant’s Iowa nonoperator’s identification card 27 number, or the last four numerals of the registrant’s 28 social security number and the driver’s license, 29 nonoperator’s identification, or partial social 30 security number matches an existing state or federal 31 identification record with the same number, name, and 32 date of birth. If the registrant is required to show 33 additional identification under this subsection and 34 votes in person at the polls, or by absentee ballot 35 at the commissioner’s office or at a satellite voting 36 station, the registrant shall provide a current and 37 valid photo identification card, or shall present to 38 the appropriate election official one of the following 39 current documents that shows the name and address of 40 the registrant: 41 Sec. ___. Section 48A.8, subsection 4, Code 2013, 42 is amended to read as follows: 43 4. A registrant under subsection 2 who is required 44 to present additional identification when casting 45 a ballot in person shall be permitted to vote a 46 provisional ballot if the voter does not provide the 47 required additional identification documents pursuant 48 to subsection 2 . If a voter who is required to present 49 such additional identification when casting a ballot 50 -2- S3223.2222 (2) 85 tm/jp 2/ 10
votes an absentee ballot by mail, the ballot returned 1 by the voter shall be considered a provisional ballot 2 pursuant to sections 49.81 and 53.31 . 3 Sec. ___. Section 48A.27, subsection 4, paragraph 4 c, subparagraph (2), Code 2013, is amended to read as 5 follows: 6 (2) The notice shall contain a statement in 7 substantially the following form: 8 Information received from the United States postal 9 service indicates that you are no longer a resident of, 10 and therefore not eligible to vote in (name of county) 11 County, Iowa. If this information is not correct, 12 and you still live in (name of county) County, please 13 complete and mail the attached postage paid card at 14 least ten days before the primary or general election 15 and at least eleven days before any other election at 16 which you wish to vote. If the information is correct 17 and you have moved, please contact a local official 18 in your new area for assistance in registering there. 19 If you do not mail in the card, you may be required 20 to show identification before being allowed to vote 21 in (name of county) County. If you do not return the 22 card, and you do not vote in an election in (name of 23 county) County, Iowa, on or before (date of second 24 general election following the date of the notice) your 25 name will be removed from the list of voters in that 26 county. 27 Sec. ___. Section 48A.29, subsection 1, paragraph 28 b, Code 2013, is amended to read as follows: 29 b. The notice shall contain a statement in 30 substantially the following form: 31 Information received from the United States postal 32 service indicates that you are no longer a resident 33 of (residence address) in (name of county) County, 34 Iowa. If this information is not correct, and you 35 still live in (name of county) County, please complete 36 and mail the attached postage paid card at least ten 37 days before the primary or general election and at 38 least eleven days before any other election at which 39 you wish to vote. If the information is correct, and 40 you have moved, please contact a local official in your 41 new area for assistance in registering there. If you 42 do not mail in the card, you may be required to show 43 identification before being allowed to vote in (name 44 of county) County. If you do not return the card, and 45 you do not vote in some election in (name of county) 46 County, Iowa, on or before (date of second general 47 election following the date of the notice) your name 48 will be removed from the list of voters in that county. 49 Sec. ___. Section 48A.29, subsection 3, paragraph 50 -3- S3223.2222 (2) 85 tm/jp 3/ 10
b, Code 2013, is amended to read as follows: 1 b. The notice shall contain a statement in 2 substantially the following form: 3 Information received by this office indicates that 4 you are no longer a resident of (residence address) in 5 (name of county) County, Iowa. If the information is 6 not correct, and you still live at that address, please 7 complete and mail the attached postage paid card at 8 least ten days before the primary or general election 9 and at least eleven days before any other election at 10 which you wish to vote. If the information is correct, 11 and you have moved within the county, you may update 12 your registration by listing your new address on the 13 card and mailing it back. If you have moved outside 14 the county, please contact a local official in your 15 new area for assistance in registering there. If you 16 do not mail in the card, you may be required to show 17 identification before being allowed to vote in (name 18 of county) County. If you do not return the card, and 19 you do not vote in some election in (name of county) 20 County, Iowa, on or before (date of second general 21 election following the date of the notice) your name 22 will be removed from the list of registered voters in 23 that county. 24 Sec. ___. Section 49.53, subsection 1, Code 2013, 25 is amended to read as follows: 26 1. The commissioner shall not less than four 27 nor more than twenty days before the day of each 28 election, except those for which different publication 29 requirements are prescribed by law, publish notice of 30 the election. The notice shall contain a facsimile 31 of the portion of the ballot containing the first 32 rotation as prescribed by section 49.31, subsection 2 , 33 and shall show the names of all candidates or nominees 34 and the office each seeks, and all public questions, 35 to be voted upon at the election. The sample ballot 36 published as a part of the notice may at the discretion 37 of the commissioner be reduced in size relative to 38 the actual ballot but such reduction shall not cause 39 upper case letters appearing in candidates’ names 40 or in summaries of public measures on the published 41 sample ballot to be less than nine point type. The 42 notice shall also state the date of the election, the 43 hours the polls will be open, that all voters will be 44 required to show proof of identification before casting 45 a ballot, the location of each polling place at which 46 voting is to occur in the election, and the names of 47 the precincts voting at each polling place, but the 48 statement need not set forth any fact which is apparent 49 from the portion of the ballot appearing as a part of 50 -4- S3223.2222 (2) 85 tm/jp 4/ 10
the same notice. The notice shall include the full 1 text of all public measures to be voted upon at the 2 election. 3 Sec. ___. Section 49.77, subsection 3, Code 2013, 4 is amended by striking the subsection and inserting in 5 lieu thereof the following: 6 3. a. A precinct election official shall 7 require the voter to present for inspection proof of 8 identification before being allowed to vote. 9 b. For purposes of this section, “proof of 10 identification” refers to a document that satisfies all 11 of the following: 12 (1) The document shows the name of the individual 13 to whom the document was issued which shall conform to 14 the name on the election register. 15 (2) The document shows a photograph of the 16 individual to whom it was issued. 17 (3) The document was issued by the government of 18 the United States, the state of Iowa, an Iowa public 19 or private university or college, an Iowa secondary 20 school, or a political subdivision of the state of 21 Iowa. In the case of a document issued by a political 22 subdivision, the document shall be issued not later 23 than the close of voter registration for the applicable 24 election as set forth in section 48A.9 and shall 25 meet all other requirements established by the state 26 commissioner by rule. 27 c. In lieu of paragraph “b” , a person wishing to 28 vote may establish proof of identity by written oath 29 of the person wishing to vote and of an attesting 30 person who provides proof of identification pursuant 31 to paragraph “b” . The oath shall be in the form 32 prescribed by the state commissioner of elections 33 and shall state the identity and attest to the stated 34 identity of the person wishing to vote. The oath 35 must be signed by the attesting person and the person 36 wishing to vote in the presence of the appropriate 37 precinct election official. A person who has signed an 38 oath attesting to a person’s identity as provided in 39 this paragraph is prohibited from signing any further 40 oaths as provided in this paragraph for the same 41 election. The oath shall advise the person wishing to 42 vote and the attesting person that falsely signing such 43 an oath or falsely attesting to a voter’s identity is 44 a class “D” felony. 45 d. The commissioner shall, within forty-five days 46 after each election, review all attestations received 47 under this subsection and if any individual is found to 48 have attested for more than one voter in a particular 49 election, the commissioner shall immediately notify the 50 -5- S3223.2222 (2) 85 tm/jp 5/ 10
state commissioner and the county attorney. 1 Sec. ___. Section 49.77, Code 2013, is amended by 2 adding the following new subsection: 3 NEW SUBSECTION . 3A. a. If proof of identification 4 or proof of identity is established under subsection 3, 5 the person shall be allowed to vote. 6 b. If a person is unable or refuses to present 7 proof of identification, or the precinct election 8 official determines the proof of identification 9 presented by the person does not qualify as proof of 10 identification under subsection 3, paragraph “b” , 11 or proof of identity under subsection 3, paragraph 12 “c” , the person shall be offered the option to vote a 13 ballot, but only in accordance with section 49.81. 14 Sec. ___. Section 49.77, subsection 4, paragraph a, 15 Code 2013, is amended to read as follows: 16 a. A person whose name does not appear on the 17 election register of the precinct in which that person 18 claims the right to vote shall not be permitted to 19 vote, unless the person affirms that the person is 20 currently registered in the county and presents proof 21 of identity, or the commissioner informs the precinct 22 election officials that an error has occurred and that 23 the person is a registered voter of that precinct , and 24 the person presents proof of identification pursuant 25 to subsection 3 . If the commissioner finds no record 26 of the person’s registration but the person insists 27 that the person is a registered voter of that precinct, 28 the precinct election officials shall allow the person 29 to cast a ballot in the manner prescribed by section 30 49.81 . 31 Sec. ___. Section 49.81, subsection 1, Code 2013, 32 is amended to read as follows: 33 1. A prospective voter who is prohibited under 34 section 48A.8, subsection 4 , section 49.77, subsection 35 3A, paragraph “b” , section 49.77, subsection 4 , section 36 49.80 , or section 53.19, subsection 3 , or section 53.22, 37 subsection 1, paragraph “d” , from voting except under 38 this section shall be notified by the appropriate 39 precinct election official that the voter may cast a 40 provisional ballot. The voter shall mark the ballot 41 and immediately seal it in an envelope of the type 42 prescribed by subsection 4 . The voter shall deliver 43 the sealed envelope to a precinct election official who 44 shall deposit it in an envelope marked “provisional 45 ballots”. The ballot shall be considered as having 46 been cast in the special precinct established by 47 section 53.20 for purposes of the postelection canvass. 48 Sec. ___. Section 49.81, subsection 2, paragraph b, 49 Code 2013, is amended to read as follows: 50 -6- S3223.2222 (2) 85 tm/jp 6/ 10
b. If the person is casting a provisional ballot 1 because the person failed was unable or refused to 2 provide a required form of identification pursuant to 3 section 48A.8, subsection 4, section 49.77, subsection 4 3A, paragraph “b” , section 49.77, subsection 4, or 5 section 53.22, subsection 1, paragraph “d” , a list of 6 the types of acceptable identification and notification 7 that the person must show identification before the 8 ballot can be counted. 9 Sec. ___. Section 49.81, Code 2013, is amended by 10 adding the following new subsection: 11 NEW SUBSECTION . 5. a. If a voter casts a 12 provisional ballot pursuant to section 49.77, 13 subsection 3A, paragraph “b” , the precinct election 14 official shall indicate on the provisional ballot 15 envelope that the voter is casting a provisional ballot 16 due to the voter’s inability or refusal to present 17 proof of identification. 18 b. At the time a provisional ballot is cast the 19 voter may also execute an affidavit in the form 20 prescribed by the state commissioner which shall be 21 attached to the provisional ballot envelope, affirming 22 that the voter is the person the voter claims to be and 23 further affirming either of the following: 24 (1) The voter is indigent and is unable to obtain 25 proof of identification without the payment of a fee. 26 (2) The voter has a religious objection to being 27 photographed. 28 c. A provisional ballot cast pursuant to section 29 49.77, subsection 3A, paragraph “b” , which is 30 accompanied by an affidavit executed pursuant to 31 paragraph “b” of this subsection shall be presumed 32 valid by the special precinct board and shall be 33 counted unless additional written statements or 34 documents are delivered to the commissioner’s office 35 prior to the date provisional ballots are considered 36 by the special precinct election board and the special 37 precinct election board determines such additional 38 evidence successfully rebuts the presumption of 39 validity. 40 Sec. ___. Section 53.10, subsection 2, Code 2013, 41 is amended to read as follows: 42 2. Each person who wishes to vote by absentee 43 ballot at the commissioner’s office shall first sign 44 an application for a ballot including the following 45 information: name, current address, and the election 46 for which the ballot is requested. The person may 47 report a change of address or other information on 48 the person’s voter registration record at that time. 49 The person must also provide proof of identification 50 -7- S3223.2222 (2) 85 tm/jp 7/ 10
pursuant to section 49.77, subsection 3, or be offered 1 the option to vote a provisional ballot pursuant to 2 section 49.77, subsection 3A, paragraph “b” , before 3 receiving an absentee ballot. Upon receipt of the 4 absentee ballot, the registered voter shall immediately 5 mark the ballot; enclose the ballot in a secrecy 6 envelope, if necessary, and seal it in an affidavit 7 envelope; subscribe to the affidavit on the reverse 8 side of the envelope; and return the absentee ballot 9 to the commissioner. The commissioner shall record 10 the numbers appearing on the application and affidavit 11 envelope along with the name of the registered voter. 12 Sec. ___. Section 53.22, subsection 1, Code 2013, 13 is amended by adding the following new paragraph: 14 NEW PARAGRAPH . d. Before receiving a ballot 15 under this subsection, each applicant shall present 16 proof of identification pursuant to section 49.77, 17 subsection 3, to the special precinct election board 18 members. If an applicant is unable to present proof of 19 identification, the applicant shall have an opportunity 20 to execute an affidavit in the form prescribed by the 21 state commissioner of elections affirming that the 22 voter does not have and is unable to obtain proof 23 of identification and that the voter resides in a 24 hospital or health care facility and is casting a 25 ballot pursuant to this section. If the applicant 26 refuses to execute an affidavit, the voter’s ballot 27 shall be considered a provisional ballot cast pursuant 28 to section 49.81. 29 Sec. ___. Section 321.190, subsection 1, paragraph 30 d, Code 2013, is amended to read as follows: 31 d. The fee for a nonoperator’s identification card 32 shall be five dollars and the card shall be valid for 33 a period of five years from the date of issuance. A 34 nonoperator’s identification card shall be issued 35 without expiration to anyone age seventy or over. If 36 an applicant for a nonoperator’s identification card 37 is a foreign national who is temporarily present in 38 this state, the nonoperator’s identification card 39 shall be issued only for the length of time the foreign 40 national is authorized to be present as determined by 41 the department, not to exceed two years. An issuance 42 fee shall not be charged for a person whose driver’s 43 license or driving privilege has been suspended 44 under section 321.210, subsection 1 , paragraph 45 “a” , subparagraph (3) , or for a person obtaining an 46 identification card to be used under section 49.77, 47 subsection 3, for voting purposes. Identification 48 cards obtained for voting purposes shall be labeled by 49 the department as “For Voting Purposes Only” . 50 -8- S3223.2222 (2) 85 tm/jp 8/ 10
Sec. ___. APPLICABILITY. This division of this Act 1 applies to elections held on or after January 1, 2015. > 2 2. By renumbering as necessary. 3 ______________________________ JONI ERNST ______________________________ BILL ANDERSON ______________________________ RANDY FEENSTRA ______________________________ DAVID JOHNSON ______________________________ MARK SEGEBART ______________________________ NANCY J. BOETTGER ______________________________ CHARLES SCHNEIDER ______________________________ DAN ZUMBACH ______________________________ MICHAEL BREITBACH ______________________________ JERRY BEHN ______________________________ AMY SINCLAIR -9- S3223.2222 (2) 85 tm/jp 9/ 10 #2.
______________________________ KEN ROZENBOOM ______________________________ RICK BERTRAND ______________________________ MARK CHELGREN ______________________________ JACK WHITVER ______________________________ JAKE CHAPMAN ______________________________ SANDRA H. GREINER ______________________________ TIM L. KAPUCIAN ______________________________ BRAD ZAUN ______________________________ KENT SORENSON ______________________________ ROBY SMITH ______________________________ DENNIS GUTH ______________________________ HUBERT HOUSER ______________________________ BILL DIX -10- S3223.2222 (2) 85 tm/jp 10/ 10