House File 445
HOUSE FILE
BY FORD
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the process for restoring for certain persons
2 the right to register to vote and to vote and providing an
3 applicability date.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2799HH 80
6 sc/pj/5
PAG LIN
1 1 Section 1. Section 48A.6, subsection 1, Code 2003, is
1 2 amended to read as follows:
1 3 1. A person who has been convicted of a felony as defined
1 4 in section 701.7, or convicted of an offense classified as a
1 5 felony under federal law. If When the person's rights are
1 6 later restored by the governor, or by the president of the
1 7 United States, pursuant to section 914.8, the person may
1 8 register to vote.
1 9 Sec. 2. Section 914.2, Code 2003, is amended to read as
1 10 follows:
1 11 914.2 RIGHT OF APPLICATION.
1 12 Except as otherwise provided in section 902.2 or 914.8, a
1 13 person convicted of a criminal offense has the right to make
1 14 application to the board of parole for recommendation or to
1 15 the governor for a reprieve, pardon, commutation of sentence,
1 16 remission of fines or forfeitures, or restoration of rights of
1 17 citizenship at any time following the conviction.
1 18 Sec. 3. NEW SECTION. 914.8 RESTORATION OF RIGHT TO
1 19 REGISTER AND TO VOTE.
1 20 1. When a person, who has once been convicted of a felony
1 21 criminal offense, is discharged from probation under section
1 22 907.9, discharged from parole or work release under section
1 23 906.15, or released from confinement under section 902.6
1 24 because the person has completed the person's term of
1 25 confinement, the person's right to register to vote and to
1 26 vote is restored.
1 27 2. Upon discharge from confinement or supervision, the
1 28 department of corrections or judicial district department of
1 29 correctional services, whichever is applicable, shall provide
1 30 written notice to the inmate, parolee, or probationer of the
1 31 person's discharge which shall include a voter registration
1 32 form and a statement containing the following information:
1 33 a. That the person's right to register to vote and to vote
1 34 has been restored.
1 35 b. That in the month following the month of discharge, the
2 1 department of corrections will notify the county auditor of
2 2 the person's discharge from confinement or supervision.
2 3 c. That the person may register to vote by mail using the
2 4 form enclosed with the statement or that the person may
2 5 register to vote in person at the county auditor's office in
2 6 the county where the person will be residing.
2 7 3. The department of corrections shall monthly provide a
2 8 list of all persons discharged from confinement or supervision
2 9 to the state registrar of voters who shall provide the
2 10 information to the county registrars of voters as deemed
2 11 necessary.
2 12 4. For a person who has more than once been convicted of a
2 13 felony and upon that person's discharge from confinement or
2 14 supervision, the department of corrections or judicial
2 15 district department of correctional services, whichever is
2 16 applicable, shall provide written notice to the inmate,
2 17 parolee, or probationer of the person's discharge which shall
2 18 include a statement informing the person that the person must
2 19 apply for a restoration of rights of citizenship in order to
2 20 register to vote and to vote and information on the method by
2 21 which citizenship rights are restored.
2 22 Sec. 4. APPLICABILITY. This Act applies to persons
2 23 discharged from probation, parole, work release, or otherwise
2 24 released from confinement on or after July 1, 2003.
2 25 EXPLANATION
2 26 This bill makes restoration of the right to register to
2 27 vote and to vote automatic upon a person's release from
2 28 probation, parole, or work release, or upon completion of the
2 29 person's term of confinement if the person has only once been
2 30 convicted of a felony offense. The bill requires the
2 31 department of corrections or the judicial district department
2 32 of correctional services to provide written notice of
2 33 restoration of voting rights and a voter registration form to
2 34 such persons upon discharge from confinement or supervision.
2 35 The bill requires the department of corrections to, once
3 1 each month, send a list of those persons discharged from
3 2 confinement or supervision to the state registrar of voters.
3 3 The bill also requires the department of corrections or the
3 4 judicial district department of correctional services to
3 5 notify persons who have more than once been convicted of a
3 6 felony and who have been discharged from confinement or
3 7 supervision of the method by which they can have their rights
3 8 of citizenship restored.
3 9 The bill applies to persons discharged on or after July 1,
3 10 2003.
3 11 LSB 2799HH 80
3 12 sc/pj/5