Senate File 2046
SENATE FILE
BY GRONSTAL, BOLKCOM,
and KIBBIE
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to the conduct of elections and voter
2 registration by modifying the age at which an elector is
3 eligible to register to vote and to vote in a school district
4 election, providing for special late voter registration to
5 enable an eligible elector to vote at the polling place on
6 election day and providing a durational residency requirement
7 for voting, and allowing ongoing absentee voter status for
8 general elections.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
10 TLSB 5861SS 80
11 sc/sh/8
PAG LIN
1 1 Section 1. Section 48A.5, subsection 2, paragraph c, Code
1 2 2003, is amended to read as follows:
1 3 c. Be at least eighteen years of age. However, for
1 4 purposes of voting in a school district election, an eligible
1 5 elector shall be at least seventeen years of age. Completed
1 6 registration forms shall be accepted from registrants who are
1 7 at least seventeen and a half years of age; however, the. For
1 8 all elections except school district elections, the
1 9 registration shall not be effective until the registrant
1 10 reaches the age of eighteen.
1 11 Sec. 2. Section 48A.5, Code 2003, is amended by adding the
1 12 following new subsection:
1 13 NEW SUBSECTION. 3A. If a person is registering under the
1 14 provisions of section 48A.9A, the person shall be a resident
1 15 of the county in which the election is held for ten days
1 16 immediately preceding the election, subject to the provisions
1 17 of subsection 3 and section 48A.27, subsection 2, paragraph
1 18 "a", subparagraph (3).
1 19 Sec. 3. Section 48A.9, subsection 1, Code 2003, is amended
1 20 to read as follows:
1 21 1. Registration closes at five p.m. eleven days before
1 22 each election except primary and general elections. For
1 23 primary and general elections, registration closes at five
1 24 p.m. ten days before the election. An eligible elector may
1 25 register during the time registration is closed in the
1 26 elector's precinct but the registration shall not become
1 27 effective until registration opens again in the elector's
1 28 precinct unless the elector obtains an affidavit of special
1 29 late registration as provided in section 48A.9A.
1 30 Sec. 4. NEW SECTION. 48A.9A SPECIAL LATE REGISTRATION.
1 31 1. Notwithstanding the voter registration deadlines in
1 32 section 48A.9, an eligible elector may register to vote on any
1 33 day after registration has closed in the elector's precinct,
1 34 including on election day.
1 35 2. The commissioner shall record the information required
2 1 of an eligible elector on the election register for the county
2 2 precinct of the eligible elector or shall provide a separate
2 3 listing of the information required of an eligible elector to
2 4 the county precinct of the eligible elector who registers in
2 5 person at the commissioner's office or at any alternative
2 6 location designated by the commissioner for special late
2 7 registration on any day after registration has closed in the
2 8 elector's precinct, including on election day.
2 9 3. If the commissioner is unable to make available to a
2 10 county precinct the information required of an eligible
2 11 elector who registers through special late registration
2 12 procedures, on the election register of a county precinct or
2 13 through the provision of a separate listing of the eligible
2 14 electors who register through special late registration
2 15 procedures, an eligible elector may obtain from the
2 16 commissioner of registration a form of affidavit prescribed by
2 17 the state commissioner of elections to serve as evidence of
2 18 special late registration. If the affidavit is completed by
2 19 the elector and notarized by the commissioner of registration,
2 20 the elector is deemed registered under special late
2 21 registration procedures and may present the affidavit at the
2 22 elector's polling place on election day as proof that the
2 23 elector is registered to vote. The election officials of the
2 24 elector's precinct shall accept the elector's affidavit of
2 25 special late registration and shall proceed as if the
2 26 elector's name were listed in the election register.
2 27 The election officials shall preserve all affidavits
2 28 submitted pursuant to this section and forward them to the
2 29 commissioner of registration at the time the election register
2 30 is returned. A registration under this section is subject to
2 31 verification as provided in section 48A.26.
2 32 4. The commissioner may designate alternative locations,
2 33 in addition to the commissioner's office, to provide access to
2 34 special late registration procedures. If the precinct polling
2 35 place is designated as an alternative location, the
3 1 commissioner or an employee of the commissioner shall process
3 2 special late registrations at a table separate from the
3 3 precinct election officials, in order to reduce congestion at
3 4 the polling place and to avoid discouraging voters from
3 5 casting a ballot.
3 6 Sec. 5. Section 48A.11, subsection 1, paragraph c, Code
3 7 2003, is amended to read as follows:
3 8 c. The address at which the registrant resides and claims
3 9 as the registrant's residence for voting purposes. The
3 10 commissioner may require proof of residency if the registrant
3 11 is registering pursuant to section 48A.9A. The state
3 12 commissioner of elections shall designate which documents are
3 13 acceptable to show proof of residency.
3 14 Sec. 6. Section 48A.26, subsections 1 and 4, Code 2003,
3 15 are amended to read as follows:
3 16 1. Within seven working days of receipt of a voter
3 17 registration form or change of information in a voter
3 18 registration record the commissioner shall send an
3 19 acknowledgment to the registrant at the mailing address shown
3 20 on the registration form. However, in the case of special
3 21 late registrations, the commissioner shall send the
3 22 acknowledgment within ten days of receipt of the special late
3 23 registration. The acknowledgment shall be sent by
3 24 nonforwardable mail.
3 25 4. If the acknowledgment is returned as undeliverable by
3 26 the United States postal service, the commissioner shall
3 27 follow the procedure described in section 48A.29, subsection
3 28 1. However, if the acknowledgment mailed for a special late
3 29 registration is returned as undeliverable by the postal
3 30 service, the commissioner shall cancel the registration and
3 31 shall immediately notify the state commissioner of
3 32 registration and the county attorney.
3 33 Sec. 7. Section 48A.26, Code 2003, is amended by adding
3 34 the following new subsection:
3 35 NEW SUBSECTION. 1A. Within ten working days after
4 1 receiving a special late registration pursuant to section
4 2 48A.9A, the commissioner shall send an acknowledgment to the
4 3 registrant at the mailing address shown on the registration
4 4 form. The acknowledgment shall be sent by nonforwardable
4 5 mail.
4 6 Sec. 8. Section 48A.26, subsection 7, Code 2003, is
4 7 amended to read as follows:
4 8 7. When a person who is at least seventeen and one=half
4 9 years of age but less than eighteen years of age registers to
4 10 vote, the commissioner shall maintain a record of the
4 11 registration so as to clearly indicate that it will not take
4 12 effect until the registrant's eighteenth birthday and that the
4 13 person is registered and qualifies to vote at any election
4 14 held on or after that date. However, for purposes of voting
4 15 in a school district election, the registration shall take
4 16 effect immediately.
4 17 Sec. 9. Section 48A.30, subsection 1, Code 2003, is
4 18 amended by adding the following new paragraph:
4 19 NEW PARAGRAPH. g. The acknowledgment of a voter who
4 20 registered to vote under the special late registration
4 21 provisions is returned pursuant to section 48A.29, subsection
4 22 1 or 2.
4 23 Sec. 10. Section 49.77, Code 2003, is amended by adding
4 24 the following new subsection:
4 25 NEW SUBSECTION. 6. A person whose name does not appear on
4 26 the election register of the precinct who registers under
4 27 section 48A.9A shall be allowed to cast a ballot and the
4 28 precinct election official is not under a duty to require that
4 29 the ballot be cast under section 49.81.
4 30 Sec. 11. Section 49.81, subsection 4, unnumbered paragraph
4 31 2, Code 2003, is amended to read as follows:
4 32 I believe I am a registered voter of this precinct. I
4 33 registered to vote in ...... county on or about ...... at
4 34 ....... My name at that time was ....... I have not moved to a
4 35 different county since that time. I am a United States
5 1 citizen, at least eighteen years of age or seventeen years of
5 2 age in the case of a school district election.
5 3 .............
5 4 (signature of voter) (date)
5 5 Sec. 12. NEW SECTION. 53.3 ONGOING ABSENTEE VOTER.
5 6 A registered voter applying for an absentee ballot under
5 7 section 53.2 using the state commissioner's prescribed form
5 8 for absentee ballot applications may request to receive an
5 9 absentee ballot for each subsequent general election in which
5 10 that person is eligible to vote, and qualifies under section
5 11 53.1. The state commissioner shall provide on the prescribed
5 12 form a check box for this purpose. For each subsequent
5 13 general election, the commissioner shall automatically mail an
5 14 absentee ballot to the requesting voter, or automatically
5 15 deliver an absentee ballot to a confined person pursuant to
5 16 section 53.22. A voter's status as an ongoing absentee voter
5 17 shall be terminated upon the request of the voter, by the
5 18 commissioner if the voter fails to qualify under section 53.1,
5 19 or if the voter fails to vote in a subsequent general
5 20 election.
5 21 Sec. 13. IMPLEMENTATION OF ACT. Section 25B.2, subsection
5 22 3, shall not apply to this Act.
5 23 EXPLANATION
5 24 This bill relates to the conduct of elections and voter
5 25 registration.
5 26 The bill allows a person at least 17 years of age to
5 27 register to vote. The bill also allows an elector who is at
5 28 least 17 years of age to vote in school district elections.
5 29 The bill provides for a special late voter registration
5 30 procedure which would enable an eligible elector to vote at
5 31 the polling place on election day. The person is required to
5 32 have been a resident of the county in which the election is
5 33 held for 10 days immediately preceding the election. The
5 34 person is also required to show proof of residency when
5 35 registering. The state commissioner of elections, i.e., the
6 1 secretary of state, shall designate which documents are
6 2 acceptable to show proof of residency.
6 3 The bill provides for the issuance of special late
6 4 registration affidavits to serve as proof of voting
6 5 eligibility if the county commissioner of registration is
6 6 unable to make the information required of an eligible elector
6 7 available on the election register of a county precinct.
6 8 The bill requires the county commissioner to mail
6 9 acknowledgment to the late registrant within 10 days of
6 10 registering. If the acknowledgment is returned as
6 11 undeliverable by the postal service, the commissioner is
6 12 directed to cancel the registration and immediately notify the
6 13 state commissioner of registration and the county attorney.
6 14 The bill allows an absentee voter to receive absentee
6 15 ballots for all subsequent general elections without having to
6 16 reapply before each election. A person's status as an ongoing
6 17 absentee voter can be terminated by that person, by the county
6 18 commissioner of elections if the person fails to qualify as an
6 19 absentee voter, or if the voter fails to vote in a subsequent
6 20 general election.
6 21 The bill may include a state mandate as defined in Code
6 22 section 25B.3. The bill makes inapplicable Code section
6 23 25B.2, subsection 3, which would relieve a political
6 24 subdivision from complying with a state mandate if funding for
6 25 the cost of the state mandate is not provided or specified.
6 26 Therefore, political subdivisions are required to comply with
6 27 any state mandate included in the bill.
6 28 LSB 5861SS 80
6 29 sc/sh/8