House File 516 H-1136 Amend House File 516 as follows: 1 1. Page 21, before line 20 by inserting: 2 < DIVISION ___ 3 PRIVILEGES OF ELECTORS 4 Sec. ___. Section 39.3, subsection 8, Code 2017, is 5 amended to read as follows: 6 8. “Infamous crime” means a felony election 7 misconduct in the first degree that is vote fraud as 8 defined described in section 701.7 39A.2, subsection 9 1, paragraph “b” , or an offense classified as a felony 10 under federal law and shall not include any misdemeanor 11 or other felony. A person’s disqualification on 12 account of the person’s conviction of an infamous crime 13 pursuant to Article II, section 5 of the Constitution 14 of the State of Iowa is limited in duration to the 15 period of the person’s sentence, and the person’s right 16 to vote is restored automatically upon the person’s 17 successful discharge of the criminal conviction, 18 including any period of probation or parole, regardless 19 of the person’s payment of fines, fees, or restitution . 20 Sec. ___. Section 39A.1, subsection 2, Code 2017, 21 is amended to read as follows: 22 2. The purpose of this chapter is to identify 23 actions which threaten the integrity of the election 24 process and to impose significant sanctions upon 25 persons who intentionally commit those acts. It is the 26 intent of the general assembly that offenses with the 27 greatest potential to affect the election process be 28 vigorously prosecuted and strong punishment meted out 29 through the imposition of felony sanctions which, as a 30 consequence, remove the voting rights of the offenders . 31 Other offenses are still considered serious, but 32 based on the factual context in which they arise, 33 they may not rise to the level of offenses to which 34 felony penalties attach. The general assembly also 35 -1- HF516.1163 (3) 87 aw/jh 1/ 6 #1.
recognizes that instances may arise in which technical 1 infractions of chapters 39 through 53 may occur which 2 do not merit any level of criminal sanction. In 3 such instances, administrative notice from the state 4 or county commissioner of elections is sufficient. 5 Mandates or proscriptions in chapters 39 through 53 6 which are not specifically included in this chapter 7 shall be considered to be directive only, without 8 criminal sanction. 9 Sec. ___. Section 43.18, subsection 9, Code 2017, 10 is amended to read as follows: 11 9. A statement that the candidate is aware that 12 the candidate is disqualified from holding office 13 if the candidate has been convicted of a felony or 14 other an infamous crime as defined in section 39.3 and 15 the candidate’s rights have not been restored by the 16 governor or by the president of the United States. 17 Sec. ___. Section 43.67, subsection 2, paragraph i, 18 Code 2017, is amended to read as follows: 19 i. A statement that the candidate is aware that 20 the candidate is disqualified from holding office 21 if the candidate has been convicted of a felony or 22 other an infamous crime as defined in section 39.3 and 23 the candidate’s rights have not been restored by the 24 governor or by the president of the United States. 25 Sec. ___. Section 44.3, subsection 2, paragraph i, 26 Code 2017, is amended to read as follows: 27 i. A statement that the candidate is aware that 28 the candidate is disqualified from holding office 29 if the candidate has been convicted of a felony or 30 other an infamous crime as defined in section 39.3 and 31 the candidate’s rights have not been restored by the 32 governor or by the president of the United States. 33 Sec. ___. Section 45.3, subsection 9, Code 2017, is 34 amended to read as follows: 35 -2- HF516.1163 (3) 87 aw/jh 2/ 6
9. A statement that the candidate is aware that 1 the candidate is disqualified from holding office 2 if the candidate has been convicted of a felony or 3 other an infamous crime as defined in section 39.3 and 4 the candidate’s rights have not been restored by the 5 governor or by the president of the United States. 6 Sec. ___. Section 47.7, subsection 2, paragraph a, 7 Code 2017, is amended to read as follows: 8 a. On or before January 1, 2006, the state 9 registrar of voters shall implement in a uniform and 10 nondiscriminatory manner, a single, uniform, official, 11 centralized, interactive computerized statewide voter 12 registration file defined, maintained, and administered 13 at the state level that contains the name and 14 registration information of every legally registered 15 voter in the state and assigns a unique identifier to 16 each legally registered voter in the state. The state 17 voter registration system shall be coordinated with 18 other agency databases within the state, including , 19 but not limited to , state department of transportation 20 driver’s license records, judicial records of convicted 21 felons persons convicted of infamous crimes as defined 22 in section 39.3 and persons declared incompetent to 23 vote, and Iowa department of public health records of 24 deceased persons. 25 Sec. ___. Section 48A.6, subsection 1, Code 2017, 26 is amended to read as follows: 27 1. A person who has been convicted of a felony 28 an infamous crime as defined in section 701.7, or 29 convicted of an offense classified as a felony under 30 federal law 39.3 . If the person’s rights are later 31 restored by the governor, or by the president of the 32 United States, the person may register to vote. 33 Sec. ___. Section 48A.14, subsection 1, paragraph 34 e, Code 2017, is amended to read as follows: 35 -3- HF516.1163 (3) 87 aw/jh 3/ 6
e. The challenged registrant has been convicted 1 of a felony an infamous crime as defined in section 2 39.3 , and the registrant’s voting rights have not been 3 restored. 4 Sec. ___. Section 48A.30, subsection 1, paragraph 5 d, Code 2017, is amended to read as follows: 6 d. The clerk of the district court, or the United 7 States attorney, or the state registrar sends notice 8 of the registered voter’s conviction of a felony 9 an infamous crime as defined in section 701.7, or 10 conviction of an offense classified as a felony under 11 federal law 39.3 . The clerk of the district court 12 shall send notice of such a felony conviction to 13 the state registrar of voters. The registrar shall 14 determine in which county the felon convicted person 15 is registered to vote, if any, and shall notify the 16 county commissioner of registration for that county of 17 the felony conviction. 18 Sec. ___. Section 49.79, subsection 2, paragraph f, 19 Code 2017, is amended to read as follows: 20 f. The challenged person has been convicted of a 21 felony an infamous crime as defined in section 39.3 , 22 and the person’s voting rights have not been restored. 23 Sec. ___. Section 57.1, subsection 2, paragraph c, 24 Code 2017, is amended to read as follows: 25 c. That prior to the election the incumbent had 26 been duly convicted of a felony an infamous crime , as 27 defined in section 701.7 39.3 , and that the judgment 28 had not been reversed, annulled, or set aside, nor 29 the incumbent pardoned or restored to the rights of 30 citizenship by the governor under chapter 914 , or by 31 the president of the United States for an infamous 32 crime under federal law, at the time of the election. 33 Sec. ___. Section 161A.5, subsection 3, paragraph 34 b, Code 2017, is amended to read as follows: 35 -4- HF516.1163 (3) 87 aw/jh 4/ 6
b. Every candidate shall file with the nomination 1 papers an affidavit stating the candidate’s name, the 2 candidate’s residence, that the person is a candidate 3 and is eligible for the office of commissioner, and 4 that if elected the candidate will qualify for the 5 office. The affidavit shall also state that the 6 candidate is aware that the candidate is disqualified 7 from holding office if the candidate has been convicted 8 of a felony or other an infamous crime as defined in 9 section 39.3 and the candidate’s rights have not been 10 restored by the governor or by the president of the 11 United States. 12 Sec. ___. Section 277.4, subsection 2, paragraph b, 13 Code 2017, is amended to read as follows: 14 b. Signers of nomination petitions shall include 15 their addresses and the date of signing, and must 16 reside in the same director district as the candidate 17 if directors are elected by the voters of a director 18 district, rather than at-large. A person may sign 19 nomination petitions for more than one candidate for 20 the same office, and the signature is not invalid 21 solely because the person signed nomination petitions 22 for one or more other candidates for the office. The 23 petition shall be filed with the affidavit of the 24 candidate being nominated, stating the candidate’s 25 name, place of residence, that such person is a 26 candidate and is eligible for the office the candidate 27 seeks, and that if elected the candidate will qualify 28 for the office. The affidavit shall also state 29 that the candidate is aware that the candidate is 30 disqualified from holding office if the candidate 31 has been convicted of a felony or other an infamous 32 crime as defined in section 39.3 and the candidate’s 33 rights have not been restored by the governor or by the 34 president of the United States. 35 -5- HF516.1163 (3) 87 aw/jh 5/ 6
Sec. ___. Section 376.4, subsection 2, paragraph b, 1 Code 2017, is amended to read as follows: 2 b. The petition must include the affidavit of 3 the individual for whom it is filed, stating the 4 individual’s name, the individual’s residence, that the 5 individual is a candidate and eligible for the office, 6 and that if elected the individual will qualify for 7 the office. The affidavit shall also state that the 8 candidate is aware that the candidate is disqualified 9 from holding office if the candidate has been convicted 10 of a felony or other an infamous crime as defined in 11 section 39.3 and the candidate’s rights have not been 12 restored by the governor or by the president of the 13 United States. 14 Sec. ___. Section 602.8102, subsection 15, Code 15 2017, is amended to read as follows: 16 15. Monthly, notify the county commissioner of 17 registration and the state registrar of voters of 18 persons seventeen and one-half years of age and older 19 who have been convicted of a felony an infamous crime, 20 as defined in section 39.3, during the preceding 21 calendar month or persons who at any time during the 22 preceding calendar month have been legally declared to 23 be a person who is incompetent to vote as that term is 24 defined in section 48A.2 . > 25 2. Title page, line 5, after < voting, > by inserting 26 < the privileges of electors in order to register to 27 vote, vote, and hold public office, > 28 3. By renumbering as necessary. 29 ______________________________ HUNTER of Polk -6- HF516.1163 (3) 87 aw/jh 6/ 6 #2. #3.