House File 516 S-3232 Amend House File 516, as amended, passed, and 1 reprinted by the House, as follows: 2 1. Page 21, before line 22 by inserting: 3 < DIVISION ___ 4 AUTOMATIC VOTER REGISTRATION 5 Sec. ___. Section 48A.7, Code 2017, is amended to 6 read as follows: 7 48A.7 Registration in person. 8 An eligible elector may register to vote by 9 appearing personally and completing a voter 10 registration form at the office of the commissioner 11 in the county in which the person resides, at a motor 12 vehicle driver’s license station, including any county 13 treasurer’s office that is participating in county 14 issuance of driver’s licenses under chapter 321M , 15 or at any voter registration agency. A For paper 16 registration forms, a separate voter registration form 17 shall be signed by each individual registrant. 18 Sec. ___. Section 48A.8, subsection 1, Code 2017, 19 is amended to read as follows: 20 1. An eligible elector may request that a voter 21 registration form be mailed to the elector. The 22 completed form may be mailed or delivered by the 23 registrant or the registrant’s designee to the 24 commissioner in the county where the person resides or 25 to the state commissioner of elections for a program 26 participant, as provided in section 9E.6 . A For paper 27 registration forms, a separate voter registration form 28 shall be signed by each individual registrant. 29 Sec. ___. Section 48A.18, subsections 1 and 3, Code 30 2017, are amended to read as follows: 31 1. Each state motor vehicle driver’s license 32 application, including any renewal application 33 or application for a nonoperator’s identification 34 card, submitted to the office of driver services 35 -1- HF516.1559 (2) 87 aw/jh 1/ 10 #1.
of the state department of transportation shall 1 serve as an application for voter registration 2 unless the commissioner of registration determines 3 that the applicant is not an eligible elector or 4 the applicant declines to register to vote after 5 receiving notification under subsection 4A . A 6 completed application or paper voter registration 7 form submitted to the office of driver services of the 8 state department of transportation shall be considered 9 to update any previous voter registration by the 10 registrant. 11 3. Information relating to the refusal decision of 12 an applicant for a driver’s license to apply decline 13 to register to vote shall not be used for any purpose 14 other than voter registration. 15 Sec. ___. Section 48A.18, subsection 4, Code 2017, 16 is amended by striking the subsection and inserting in 17 lieu thereof the following: 18 4. a. The state voter registration commission 19 shall establish schedules by which the department of 20 transportation shall transmit to the state registrar of 21 voters electronic records containing the legal name, 22 age, residence, and citizenship information for, and 23 the electronic signature of, each person submitting an 24 application under this section. 25 b. The state voter registration commission shall 26 establish schedules by which the state registrar of 27 voters shall make accessible or transmit electronic 28 records and electronic signatures received under 29 paragraph “a” to the appropriate commissioner of 30 registration. 31 c. The state voter registration commission shall 32 establish schedules by which the department of 33 transportation shall transmit any completed paper 34 registration forms to the appropriate commissioner of 35 -2- HF516.1559 (2) 87 aw/jh 2/ 10
registration. 1 d. The state commissioner of elections shall 2 adopt rules, consistent with section 9E.6, for the 3 registration of address confidentiality program 4 participants. 5 e. The state voter registration commission shall 6 adopt rules pursuant to chapter 17A to administer and 7 interpret this section, including rules to establish 8 electronic and paper forms and all procedures used by 9 the office of driver services for voter registration 10 purposes, rules to establish schedules for transmission 11 of electronic records, electronic signatures, and 12 completed paper voter registration forms, and rules and 13 forms to decline being registered to vote. 14 Sec. ___. Section 48A.18, Code 2017, is amended by 15 adding the following new subsection: 16 NEW SUBSECTION . 4A. a. (1) Upon receiving the 17 electronic record for, and electronic signature of, 18 a person under subsection 4, the state registrar of 19 voters shall transmit or otherwise make accessible 20 the electronic record and electronic signature of 21 the person to the commissioner of registration of the 22 county where the person resides. Upon reviewing the 23 electronic record received from the state registrar 24 of voters, along with any other relevant information, 25 the commissioner of registration shall determine if a 26 person is an eligible elector of the county. If the 27 commissioner determines that a person is an eligible 28 elector of the county and is not registered to vote in 29 that county, the commissioner shall notify the person 30 of the separate processes to decline being registered 31 to vote or to declare a political party affiliation. 32 (2) If the person is registered to vote in the 33 county, the commissioner shall use the electronic 34 record and information to update the person’s voter 35 -3- HF516.1559 (2) 87 aw/jh 3/ 10
registration if appropriate. 1 b. If a person notified under paragraph “a” does 2 not decline to be registered to vote within twenty-one 3 calendar days after the commissioner of registration 4 issues the notification, the person’s electronic record 5 and electronic signature shall constitute a completed 6 voter registration form under section 48A.11, and the 7 commissioner of registration shall register the person 8 to vote in that county. The commissioner shall send an 9 acknowledgment pursuant to section 48A.26. 10 c. A commissioner of registration shall not add a 11 person subject to registration under this subsection 12 to a voter registration list until at least twenty-one 13 calendar days after the commissioner has issued 14 notification to the person as described in paragraph 15 “a” . 16 d. The electronic record and electronic signature, 17 received under this subsection, of a person who does 18 not qualify as an eligible elector shall not constitute 19 a completed voter registration form under section 20 48A.11 and such a person’s application for a driver’s 21 license or nonoperator’s identification card shall not 22 be considered to be a voter registration application 23 for purposes of section 39A.2, subsection 1, paragraph 24 “a” . 25 Sec. ___. Section 48A.19, subsection 1, Code 2017, 26 is amended by adding the following new paragraph: 27 NEW PARAGRAPH . d. The department of education, 28 the board of regents and each institution administered 29 by the board of regents, and all state offices that 30 collect personal information sufficient to complete a 31 voter registration application, as determined by the 32 state commissioner. 33 Sec. ___. Section 48A.19, subsection 4, paragraph 34 a, unnumbered paragraph 1, Code 2017, is amended to 35 -4- HF516.1559 (2) 87 aw/jh 4/ 10
read as follows: 1 The A voter registration agency that does not 2 collect personal information sufficient to complete a 3 voter registration application shall provide a form to 4 applicants that includes all of the following: 5 Sec. ___. Section 48A.21, Code 2017, is amended to 6 read as follows: 7 48A.21 Transmission of forms from agencies and 8 driver’s license stations . 9 1. The state registrar of voters shall adopt 10 administrative rules regulating the transmission 11 of completed voter registration forms from voter 12 registration agencies and from driver’s license 13 stations, including county treasurer’s offices 14 participating in county issuance of driver’s licenses 15 under chapter 321M . All completed voter registration 16 applications in the possession of a voter registration 17 agency , a driver’s license station, or a county 18 treasurer’s office that is participating in county 19 issuance of driver’s licenses at 5:00 p.m. on the 20 last workday of each week shall be transmitted to the 21 location designated by the state registrar of voters 22 by rule. Procedures or requirements for more frequent 23 transmissions may be specified by rule. 24 2. a. The state voter registration commission 25 shall establish schedules by which the voter 26 registration agencies pursuant to section 48A.19 that 27 collect personal information sufficient to complete a 28 voter registration application shall transmit to the 29 state registrar of voters electronic records containing 30 the legal name, age, residence, and citizenship 31 information for, and the electronic signature of, each 32 person providing personal information as described in 33 this section. 34 b. The state voter registration commission shall 35 -5- HF516.1559 (2) 87 aw/jh 5/ 10
establish schedules by which the state registrar of 1 voters shall make accessible or transmit electronic 2 records and electronic signatures received under 3 paragraph “a” to the appropriate commissioner of 4 registration. 5 c. The state voter registration commission shall 6 establish schedules by which voter registration 7 agencies shall transmit any completed paper 8 registration forms to the appropriate commissioner of 9 registration. 10 d. The state commissioner of elections shall 11 adopt rules, consistent with section 9E.6, for the 12 registration of address confidentiality program 13 participants. 14 e. The state voter registration commission shall 15 adopt rules pursuant to chapter 17A to administer and 16 interpret this section, including rules to establish 17 electronic and paper forms and all procedures used by 18 voter registration agencies for voter registration 19 purposes, rules to establish schedules for transmission 20 of electronic records, electronic signatures, and 21 completed paper voter registration forms, and rules and 22 forms to decline being registered to vote. 23 3. a. (1) Upon receiving the electronic record 24 for, and electronic signature of, a person under 25 subsection 2, the state registrar of voters shall 26 transmit or otherwise make accessible the electronic 27 record and electronic signature of the person to the 28 commissioner of registration of the county where the 29 person resides. Upon reviewing the electronic record 30 received from the state registrar of voters, along with 31 any other relevant information, the commissioner of 32 registration shall determine if a person is an eligible 33 elector of the county. If the commissioner determines 34 that a person is an eligible elector of the county 35 -6- HF516.1559 (2) 87 aw/jh 6/ 10
and is not registered to vote in that county, the 1 commissioner shall notify the person of the separate 2 processes to decline being registered to vote or to 3 declare a political party affiliation. 4 (2) If the person is registered to vote in the 5 county, the commissioner shall use the electronic 6 record and information to update the person’s voter 7 registration if appropriate. 8 b. If a person notified under paragraph “a” does 9 not decline to be registered to vote within twenty-one 10 calendar days after the commissioner of registration 11 issues the notification, the person’s electronic record 12 and electronic signature shall constitute a completed 13 voter registration form under section 48A.11, and the 14 commissioner of registration shall register the person 15 to vote in that county. The commissioner shall send an 16 acknowledgment pursuant to section 48A.26. 17 c. A commissioner of registration shall not add a 18 person subject to registration under this subsection 19 to a voter registration list until at least twenty-one 20 calendar days after the commissioner has issued 21 notification to the person as described in paragraph 22 “a” . 23 d. The electronic record and electronic signature, 24 received under this subsection, of a person who does 25 not qualify as an eligible elector shall not constitute 26 a completed voter registration form under section 27 48A.11 and such a person shall not be considered to 28 have submitted a voter registration application for 29 purposes of section 39A.2, subsection 1, paragraph “a” . 30 Sec. ___. Section 48A.26, subsection 1, paragraph 31 b, Code 2017, is amended to read as follows: 32 b. (1) For a voter registration form or change of 33 information in a voter registration record submitted 34 at a precinct caucus, the commissioner shall send an 35 -7- HF516.1559 (2) 87 aw/jh 7/ 10
acknowledgment within forty-five days of receipt of the 1 form or change of information. 2 (2) For a voter registration application or change 3 of information in a voter registration record completed 4 pursuant to section 48A.18 or section 48A.19, the 5 commissioner shall send an acknowledgment within seven 6 working days of the person being registered under 7 either section. 8 Sec. ___. Section 48A.26, subsection 8, Code 2017, 9 is amended to read as follows: 10 8. An A completed voter registration application, 11 improperly transmitted under section 48A.18, subsection 12 4A, or under section 48A.21, subsection 2, or an 13 improperly addressed or delivered registration form 14 shall be transmitted or forwarded to the appropriate 15 county commissioner of registration within two 16 working days after it is received by any other 17 official. The date of registration shall be the date 18 the completed application or registration form was 19 received by the first official. If the registration 20 form was postmarked fifteen or more days before an 21 election and the registration form was received by the 22 first official after the close of registration, the 23 registration form shall be considered on time for the 24 election. 25 Sec. ___. Section 48A.36, subsection 1, Code 2017, 26 is amended to read as follows: 27 1. Voter registration agencies and the office 28 of driver services of the state department of 29 transportation may electronically transmit registration 30 data to the state registrar of voters, who shall 31 distribute the information, electronically or 32 otherwise, to the appropriate commissioner in 33 accordance with rules of the state voter registration 34 commission and the state registrar of voters. The 35 -8- HF516.1559 (2) 87 aw/jh 8/ 10
office of driver services of the state department of 1 transportation and voter registration agencies that 2 collect personal information sufficient to complete a 3 voter registration application shall electronically 4 transmit registration data to the state registrar of 5 voters as required pursuant to sections 48A.18 and 6 48A.21. The state agency originating the registration 7 data shall permanently retain an electronic copy of 8 the form completed by the registrant, including the 9 registrant’s signature, and shall develop procedures 10 for the retrieval and printing of that electronic 11 document. A printed copy of an electronic registration 12 document shall be made only upon the agency’s receipt 13 of a court order. 14 Sec. ___. Section 331.557A, subsection 5, Code 15 2017, is amended to read as follows: 16 5. Participate in voter registration according to 17 the terms of chapter 48A , and submit completed voter 18 registration forms to the state registrar of voters 19 appropriate county commissioner of registration . 20 Sec. ___. EMERGENCY RULES. The state voter 21 registration commission, in cooperation with the 22 department of transportation and voter registration 23 agencies, may adopt emergency rules under section 24 17A.4, subsection 3, and section 17A.5, subsection 2, 25 paragraph “b”, to implement the provisions of this 26 Act and the rules shall be effective immediately upon 27 filing unless a later date is specified in the rules. 28 Any rules adopted in accordance with this section shall 29 also be published as a notice of intended action as 30 provided in section 17A.4. 31 Sec. ___. IMPLEMENTATION OF ACT. Section 25B.2, 32 subsection 3, shall not apply to this division of this 33 Act. 34 Sec. ___. EFFECTIVE UPON ENACTMENT. This division 35 -9- HF516.1559 (2) 87 aw/jh 9/ 10
of this Act, being deemed of immediate importance, 1 takes effect upon enactment. > 2 2. By renumbering as necessary. 3 ______________________________ LIZ MATHIS -10- HF516.1559 (2) 87 aw/jh 10/ 10 #2.