House File 415
HOUSE FILE
BY MASCHER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act defining infamous crime as a class "A" felony for purposes
2 of disqualifying a person from registering to vote and voting
3 and from being a candidate for certain elective offices.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2849HH 80
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PAG LIN
1 1 Section 1. Section 39.3, subsection 8, Code 2003, is
1 2 amended to read as follows:
1 3 8. "Infamous crime" means a class "A" felony as defined in
1 4 section 701.7, or an offense classified as a felony under
1 5 federal law 902.1.
1 6 Sec. 2. Section 39A.1, subsection 2, Code 2003, is amended
1 7 to read as follows:
1 8 2. The purpose of this chapter is to identify actions
1 9 which threaten the integrity of the election process and to
1 10 impose significant sanctions upon persons who intentionally
1 11 commit those acts. It is the intent of the general assembly
1 12 that offenses with the greatest potential to affect the
1 13 election process be vigorously prosecuted and strong
1 14 punishment meted out through the imposition of felony
1 15 sanctions which, as a consequence, remove the voting rights of
1 16 the offenders. Other offenses are still considered serious,
1 17 but based on the factual context in which they arise, they may
1 18 not rise to the level of offenses to which felony penalties
1 19 attach. The general assembly also recognizes that instances
1 20 may arise in which technical infractions of chapters 39
1 21 through 53 may occur which do not merit any level of criminal
1 22 sanction. In such instances, administrative notice from the
1 23 state or county commissioner of elections is sufficient.
1 24 Mandates or proscriptions in chapters 39 through 53 which are
1 25 not specifically included in this chapter shall be considered
1 26 to be directive only, without criminal sanction.
1 27 Sec. 3. Section 43.18, subsection 9, Code 2003, is amended
1 28 to read as follows:
1 29 9. A statement that the candidate is aware that the
1 30 candidate is disqualified from holding office if the candidate
1 31 has been convicted of a class "A" felony or other infamous
1 32 crime and the candidate's rights have not been restored by the
1 33 governor or by the president of the United States.
1 34 Sec. 4. Section 43.67, subsection 9, Code 2003, is amended
1 35 to read as follows:
2 1 9. A statement that the candidate is aware that the
2 2 candidate is disqualified from holding office if the candidate
2 3 has been convicted of a class "A" felony or other infamous
2 4 crime and the candidate's rights have not been restored by the
2 5 governor or by the president of the United States.
2 6 Sec. 5. Section 44.3, subsection 2, paragraph i, Code
2 7 2003, is amended to read as follows:
2 8 i. A statement that the candidate is aware that the
2 9 candidate is disqualified from holding office if the candidate
2 10 has been convicted of a class "A" felony or other infamous
2 11 crime and the candidate's rights have not been restored by the
2 12 governor or by the president of the United States.
2 13 Sec. 6. Section 45.3, subsection 9, Code 2003, is amended
2 14 to read as follows:
2 15 9. A statement that the candidate is aware that the
2 16 candidate is disqualified from holding office if the candidate
2 17 has been convicted of a class "A" felony or other infamous
2 18 crime and the candidate's rights have not been restored by the
2 19 governor or by the president of the United States.
2 20 Sec. 7. Section 48A.6, subsection 1, Code 2003, is amended
2 21 to read as follows:
2 22 1. A person who has been convicted of a class "A" felony
2 23 as defined in section 701.7, or convicted of an offense
2 24 classified as a felony under federal law 902.1. If the
2 25 person's rights are later restored by the governor, or by the
2 26 president of the United States, the person may register to
2 27 vote.
2 28 Sec. 8. Section 48A.14, subsection 1, paragraph e, Code
2 29 2003, is amended to read as follows:
2 30 e. The challenged registrant has been convicted of a class
2 31 "A" felony, and the registrant's voting rights have not been
2 32 restored.
2 33 Sec. 9. Section 48A.30, subsection 1, paragraph d, Code
2 34 2003, is amended to read as follows:
2 35 d. The clerk of the district court, or the United States
3 1 attorney, or the state registrar sends notice of the
3 2 registered voter's conviction of a class "A" felony as defined
3 3 in section 701.7, or conviction of an offense classified as a
3 4 felony under federal law 902.1. The clerk of the district
3 5 court shall send notice of a class "A" felony conviction to
3 6 the state registrar of voters. The registrar shall determine
3 7 in which county the felon is registered to vote, if any, and
3 8 shall notify the county commissioner of registration for that
3 9 county of the class "A" felony conviction.
3 10 Sec. 11. Section 57.1, subsection 2, paragraph c, Code
3 11 2003, is amended to read as follows:
3 12 c. That prior to the election the incumbent had been duly
3 13 convicted of a class "A" felony, as defined in section 701.7
3 14 902.1, and that the judgment had not been reversed, annulled,
3 15 or set aside, nor the incumbent pardoned or restored to the
3 16 rights of citizenship by the governor under chapter 914, at
3 17 the time of the election.
3 18 Sec. 12. Section 161A.5, subsection 3, unnumbered
3 19 paragraph 1, Code 2003, is amended to read as follows:
3 20 At each general election a successor shall be chosen for
3 21 each commissioner whose term will expire in the succeeding
3 22 January. Nomination of candidates for the office of
3 23 commissioner shall be made by petition in accordance with
3 24 chapter 45, except that each candidate's nominating petition
3 25 shall be signed by at least twenty=five eligible electors of
3 26 the district. The petition form shall be furnished by the
3 27 county commissioner of elections. Every candidate shall file
3 28 with the nomination papers an affidavit stating the
3 29 candidate's name, the candidate's residence, that the person
3 30 is a candidate and is eligible for the office of commissioner,
3 31 and that if elected the candidate will qualify for the office.
3 32 The affidavit shall also state that the candidate is aware
3 33 that the candidate is disqualified from holding office if the
3 34 candidate has been convicted of a class "A" felony or other
3 35 infamous crime and the candidate's rights have not been
4 1 restored by the governor or by the president of the United
4 2 States.
4 3 Sec. 13. Section 277.4, unnumbered paragraph 3, Code 2003,
4 4 is amended to read as follows:
4 5 Signers of nomination petitions shall include their
4 6 addresses and the date of signing, and must reside in the same
4 7 director district as the candidate if directors are elected by
4 8 the voters of a director district, rather than at=large. A
4 9 person may sign nomination petitions for more than one
4 10 candidate for the same office, and the signature is not
4 11 invalid solely because the person signed nomination petitions
4 12 for one or more other candidates for the office. The petition
4 13 shall be filed with the affidavit of the candidate being
4 14 nominated, stating the candidate's name, place of residence,
4 15 that such person is a candidate and is eligible for the office
4 16 the candidate seeks, and that if elected the candidate will
4 17 qualify for the office. The affidavit shall also state that
4 18 the candidate is aware that the candidate is disqualified from
4 19 holding office if the candidate has been convicted of a class
4 20 "A" felony or other infamous crime and the candidate's rights
4 21 have not been restored by the governor or by the president of
4 22 the United States.
4 23 Sec. 14. Section 376.4, unnumbered paragraph 4, Code 2003,
4 24 is amended to read as follows:
4 25 The petition must include the affidavit of the individual
4 26 for whom it is filed, stating the individual's name, the
4 27 individual's residence, that the individual is a candidate and
4 28 eligible for the office, and that if elected the individual
4 29 will qualify for the office. The affidavit shall also state
4 30 that the candidate is aware that the candidate is disqualified
4 31 from holding office if the candidate has been convicted of a
4 32 class "A" felony or other infamous crime and the candidate's
4 33 rights have not been restored by the governor or by the
4 34 president of the United States.
4 35 EXPLANATION
5 1 Article II, section 5, of the Constitution of the State of
5 2 Iowa denies the privilege of an elector to any person
5 3 convicted of an infamous crime. State statute defines
5 4 infamous crime as a felony conviction under state or federal
5 5 law. State law also allows a person who has been discharged
5 6 from parole, probation, or work release, or who has been
5 7 released from incarceration upon completion of sentence, to
5 8 apply to the governor for restoration of the rights of
5 9 citizenship, which include the right to register to vote and
5 10 to vote. State statute also requires that a candidate for
5 11 elective office under the laws of the state must be an
5 12 eligible elector at the time of election. By operation of
5 13 law, this excludes persons who have been convicted of a state
5 14 or federal felony and not had their rights of citizenship
5 15 restored by the governor or the president of the United
5 16 States.
5 17 This bill changes the definition of "infamous crime" to
5 18 conviction of a class "A" felony under state law. The bill
5 19 removes references to conviction of a felony under federal law
5 20 and removes references to restoration of rights granted by the
5 21 president of the United States.
5 22 LSB 2849HH 80
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