House File 516 H-1276 Amend the Senate amendment, H-1238, to House File 516, as 1 amended, passed, and reprinted by the House, as follows: 2 1. Page 11, before line 24 by inserting: 3 < DIVISION ___ 4 PRIVILEGES OF ELECTORS 5 Sec. ___. Section 39.3, subsection 8, Code 2017, is amended 6 to read as follows: 7 8. “Infamous crime” means a felony election misconduct in 8 the first degree that is vote fraud as defined described in 9 section 701.7 39A.2, subsection 1, paragraph “b” , or an offense 10 classified as a felony under federal law and shall not include 11 any misdemeanor or other felony. A person’s disqualification 12 on account of the person’s conviction of an infamous crime 13 pursuant to Article II, section 5 of the Constitution of the 14 State of Iowa is limited in duration to the period of the 15 person’s sentence, and the person’s right to vote is restored 16 automatically upon the person’s successful discharge of the 17 criminal conviction, including any period of probation or 18 parole, regardless of the person’s payment of fines, fees, or 19 restitution . 20 Sec. ___. Section 39A.1, subsection 2, Code 2017, is amended 21 to read as follows: 22 2. The purpose of this chapter is to identify actions which 23 threaten the integrity of the election process and to impose 24 significant sanctions upon persons who intentionally commit 25 those acts. It is the intent of the general assembly that 26 offenses with the greatest potential to affect the election 27 process be vigorously prosecuted and strong punishment meted 28 out through the imposition of felony sanctions which, as 29 a consequence, remove the voting rights of the offenders . 30 Other offenses are still considered serious, but based on the 31 factual context in which they arise, they may not rise to 32 the level of offenses to which felony penalties attach. The 33 general assembly also recognizes that instances may arise in 34 which technical infractions of chapters 39 through 53 may 35 -1- H1238.1801 (1) 87 aw/jh 1/ 6 #1.

occur which do not merit any level of criminal sanction. 1 In such instances, administrative notice from the state or 2 county commissioner of elections is sufficient. Mandates 3 or proscriptions in chapters 39 through 53 which are not 4 specifically included in this chapter shall be considered to be 5 directive only, without criminal sanction. 6 Sec. ___. Section 43.18, subsection 9, Code 2017, is amended 7 to read as follows: 8 9. A statement that the candidate is aware that the 9 candidate is disqualified from holding office if the candidate 10 has been convicted of a felony or other an infamous crime as 11 defined in section 39.3 and the candidate’s rights have not 12 been restored by the governor or by the president of the United 13 States. 14 Sec. ___. Section 43.67, subsection 2, paragraph i, Code 15 2017, is amended to read as follows: 16 i. A statement that the candidate is aware that the 17 candidate is disqualified from holding office if the candidate 18 has been convicted of a felony or other an infamous crime as 19 defined in section 39.3 and the candidate’s rights have not 20 been restored by the governor or by the president of the United 21 States. 22 Sec. ___. Section 44.3, subsection 2, paragraph i, Code 23 2017, is amended to read as follows: 24 i. A statement that the candidate is aware that the 25 candidate is disqualified from holding office if the candidate 26 has been convicted of a felony or other an infamous crime as 27 defined in section 39.3 and the candidate’s rights have not 28 been restored by the governor or by the president of the United 29 States. 30 Sec. ___. Section 45.3, subsection 9, Code 2017, is amended 31 to read as follows: 32 9. A statement that the candidate is aware that the 33 candidate is disqualified from holding office if the candidate 34 has been convicted of a felony or other an infamous crime as 35 -2- H1238.1801 (1) 87 aw/jh 2/ 6

defined in section 39.3 and the candidate’s rights have not 1 been restored by the governor or by the president of the United 2 States. 3 Sec. ___. Section 47.7, subsection 2, paragraph a, Code 4 2017, is amended to read as follows: 5 a. On or before January 1, 2006, the state registrar of 6 voters shall implement in a uniform and nondiscriminatory 7 manner, a single, uniform, official, centralized, interactive 8 computerized statewide voter registration file defined, 9 maintained, and administered at the state level that contains 10 the name and registration information of every legally 11 registered voter in the state and assigns a unique identifier 12 to each legally registered voter in the state. The state voter 13 registration system shall be coordinated with other agency 14 databases within the state, including , but not limited to , 15 state department of transportation driver’s license records, 16 judicial records of convicted felons persons convicted of 17 infamous crimes as defined in section 39.3 and persons declared 18 incompetent to vote, and Iowa department of public health 19 records of deceased persons. 20 Sec. ___. Section 48A.6, subsection 1, Code 2017, is amended 21 to read as follows: 22 1. A person who has been convicted of a felony an infamous 23 crime as defined in section 701.7, or convicted of an offense 24 classified as a felony under federal law 39.3 . If the person’s 25 rights are later restored by the governor, or by the president 26 of the United States, the person may register to vote. 27 Sec. ___. Section 48A.14, subsection 1, paragraph e, Code 28 2017, is amended to read as follows: 29 e. The challenged registrant has been convicted of a 30 felony an infamous crime as defined in section 39.3 , and the 31 registrant’s voting rights have not been restored. 32 Sec. ___. Section 48A.30, subsection 1, paragraph d, Code 33 2017, is amended to read as follows: 34 d. The clerk of the district court, or the United States 35 -3- H1238.1801 (1) 87 aw/jh 3/ 6

attorney, or the state registrar sends notice of the registered 1 voter’s conviction of a felony an infamous crime as defined 2 in section 701.7, or conviction of an offense classified as a 3 felony under federal law 39.3 . The clerk of the district court 4 shall send notice of such a felony conviction to the state 5 registrar of voters. The registrar shall determine in which 6 county the felon convicted person is registered to vote, if 7 any, and shall notify the county commissioner of registration 8 for that county of the felony conviction. 9 Sec. ___. Section 49.79, subsection 2, paragraph f, Code 10 2017, is amended to read as follows: 11 f. The challenged person has been convicted of a felony an 12 infamous crime as defined in section 39.3 , and the person’s 13 voting rights have not been restored. 14 Sec. ___. Section 57.1, subsection 2, paragraph c, Code 15 2017, is amended to read as follows: 16 c. That prior to the election the incumbent had been duly 17 convicted of a felony an infamous crime , as defined in section 18 701.7 39.3 , and that the judgment had not been reversed, 19 annulled, or set aside, nor the incumbent pardoned or restored 20 to the rights of citizenship by the governor under chapter 914 , 21 or by the president of the United States for an infamous crime 22 under federal law, at the time of the election. 23 Sec. ___. Section 161A.5, subsection 3, paragraph b, Code 24 2017, is amended to read as follows: 25 b. Every candidate shall file with the nomination papers 26 an affidavit stating the candidate’s name, the candidate’s 27 residence, that the person is a candidate and is eligible for 28 the office of commissioner, and that if elected the candidate 29 will qualify for the office. The affidavit shall also state 30 that the candidate is aware that the candidate is disqualified 31 from holding office if the candidate has been convicted of 32 a felony or other an infamous crime as defined in section 33 39.3 and the candidate’s rights have not been restored by the 34 governor or by the president of the United States. 35 -4- H1238.1801 (1) 87 aw/jh 4/ 6

Sec. ___. Section 277.4, subsection 2, paragraph b, Code 1 2017, is amended to read as follows: 2 b. Signers of nomination petitions shall include their 3 addresses and the date of signing, and must reside in the same 4 director district as the candidate if directors are elected 5 by the voters of a director district, rather than at-large. 6 A person may sign nomination petitions for more than one 7 candidate for the same office, and the signature is not invalid 8 solely because the person signed nomination petitions for 9 one or more other candidates for the office. The petition 10 shall be filed with the affidavit of the candidate being 11 nominated, stating the candidate’s name, place of residence, 12 that such person is a candidate and is eligible for the office 13 the candidate seeks, and that if elected the candidate will 14 qualify for the office. The affidavit shall also state that 15 the candidate is aware that the candidate is disqualified from 16 holding office if the candidate has been convicted of a felony 17 or other an infamous crime as defined in section 39.3 and the 18 candidate’s rights have not been restored by the governor or by 19 the president of the United States. 20 Sec. ___. Section 376.4, subsection 2, paragraph b, Code 21 2017, is amended to read as follows: 22 b. The petition must include the affidavit of the individual 23 for whom it is filed, stating the individual’s name, the 24 individual’s residence, that the individual is a candidate and 25 eligible for the office, and that if elected the individual 26 will qualify for the office. The affidavit shall also state 27 that the candidate is aware that the candidate is disqualified 28 from holding office if the candidate has been convicted of 29 a felony or other an infamous crime as defined in section 30 39.3 and the candidate’s rights have not been restored by the 31 governor or by the president of the United States. 32 Sec. ___. Section 602.8102, subsection 15, Code 2017, is 33 amended to read as follows: 34 15. Monthly, notify the county commissioner of registration 35 -5- H1238.1801 (1) 87 aw/jh 5/ 6

and the state registrar of voters of persons seventeen and 1 one-half years of age and older who have been convicted of a 2 felony an infamous crime, as defined in section 39.3, during 3 the preceding calendar month or persons who at any time during 4 the preceding calendar month have been legally declared to be 5 a person who is incompetent to vote as that term is defined in 6 section 48A.2 . > 7 2. Page 16, line 13, after < elections, > by inserting < the 8 privileges of electors in order to register to vote, vote, and 9 hold public office, > 10 ______________________________ HUNTER of Polk -6- H1238.1801 (1) 87 aw/jh 6/ 6 #2.