House File 209 - Introduced HOUSE FILE BY MASCHER (COMPANION TO LSB 2158SS BY BOLKCOM) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act providing for special late voter registration to enable an 2 eligible elector to vote at the polling place on election day 3 and providing a durational residency requirement for voting. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 2158HH 81 6 sc/sh/8 PAG LIN 1 1 Section 1. Section 48A.5, Code 2005, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 3A. If a person is registering under the 1 4 provisions of section 48A.9A, the person shall be a resident 1 5 of the county in which the election is held for ten days 1 6 immediately preceding the election, subject to the provisions 1 7 of subsection 3 and section 48A.27, subsection 2, paragraph 1 8 "a", subparagraph (3). 1 9 Sec. 2. Section 48A.9, subsection 1, Code 2005, is amended 1 10 to read as follows: 1 11 1. Registration closes at five p.m. eleven days before 1 12 each election except primary and general elections. For 1 13 primary and general elections, registration closes at five 1 14 p.m. ten days before the election. An eligible elector may 1 15 register during the time registration is closed in the 1 16 elector's precinct but the registration shall not become 1 17 effective until registration opens again in the elector's 1 18 precinct unless the elector obtains an affidavit of special 1 19 late registration as provided in section 48A.9A. 1 20 Sec. 3. NEW SECTION. 48A.9A SPECIAL LATE REGISTRATION. 1 21 1. Notwithstanding the voter registration deadlines in 1 22 section 48A.9, an eligible elector may register in person to 1 23 vote on any day after registration has closed in the elector's 1 24 precinct, including on election day. 1 25 2. The commissioner shall record the information required 1 26 of an eligible elector on the election register for the county 1 27 precinct of the eligible elector or shall provide a separate 1 28 listing of the information required of an eligible elector to 1 29 the county precinct of the eligible elector who registers in 1 30 person at the commissioner's office or at any alternative 1 31 location designated by the commissioner for special late 1 32 registration on any day after registration has closed in the 1 33 elector's precinct, including on election day. 1 34 3. If the commissioner is unable to make available to a 1 35 county precinct the information required of an eligible 2 1 elector who registers through special late registration 2 2 procedures, on the election register of a county precinct or 2 3 through the provision of a separate listing of the eligible 2 4 electors who register through special late registration 2 5 procedures, an eligible elector may obtain from the 2 6 commissioner of registration a form of affidavit prescribed by 2 7 the state commissioner of elections to serve as evidence of 2 8 special late registration. If the affidavit is completed by 2 9 the elector and notarized by the commissioner of registration, 2 10 the elector is deemed registered under special late 2 11 registration procedures and may present the affidavit at the 2 12 elector's polling place on election day as proof that the 2 13 elector is registered to vote. The election officials of the 2 14 elector's precinct shall accept the elector's affidavit of 2 15 special late registration and shall proceed as if the 2 16 elector's name were listed in the election register. 2 17 The election officials shall preserve all affidavits 2 18 submitted pursuant to this section and forward them to the 2 19 commissioner of registration at the time the election register 2 20 is returned. A registration under this section is subject to 2 21 verification as provided in section 48A.26. 2 22 4. The commissioner may designate alternative locations, 2 23 in addition to the commissioner's office, to provide access to 2 24 special late registration procedures. The commissioner shall 2 25 designate each polling place as a special late registration 2 26 location. At the polling place, the commissioner or an 2 27 employee of the commissioner shall process special late 2 28 registrations at a table separate from the precinct election 2 29 officials, in order to reduce congestion at the polling place 2 30 and to avoid discouraging voters from casting a ballot. 2 31 Sec. 4. Section 48A.11, subsection 1, paragraph c, Code 2 32 2005, is amended to read as follows: 2 33 c. The address at which the registrant resides and claims 2 34 as the registrant's residence for voting purposes. The 2 35 commissioner may require proof of residency if the registrant 3 1 is registering pursuant to section 48A.9A. The state 3 2 commissioner of elections shall designate which documents are 3 3 acceptable to show proof of residency. 3 4 Sec. 5. Section 48A.26, subsections 1 and 6, Code 2005, 3 5 are amended to read as follows: 3 6 1. Within seven working days of receipt of a voter 3 7 registration form or change of information in a voter 3 8 registration record the commissioner shall send an 3 9 acknowledgment to the registrant at the mailing address shown 3 10 on the registration form. However, in the case of special 3 11 late registrations, the commissioner shall send the 3 12 acknowledgment within ten days of receipt of the special late 3 13 registration. The acknowledgment shall be sent by 3 14 nonforwardable mail. 3 15 6. If the acknowledgment is returned as undeliverable by 3 16 the United States postal service, the commissioner shall 3 17 follow the procedure described in section 48A.29, subsection 3 18 1. However, if the acknowledgment mailed for a special late 3 19 registration is returned as undeliverable by the postal 3 20 service, the commissioner shall cancel the registration and 3 21 shall immediately notify the state commissioner of 3 22 registration and the county attorney. 3 23 Sec. 6. Section 48A.26, Code 2005, is amended by adding 3 24 the following new subsection: 3 25 NEW SUBSECTION. 1A. Within ten working days after 3 26 receiving a special late registration pursuant to section 3 27 48A.9A, the commissioner shall send an acknowledgment to the 3 28 registrant at the mailing address shown on the registration 3 29 form. The acknowledgment shall be sent by nonforwardable 3 30 mail. 3 31 Sec. 7. Section 48A.30, subsection 1, Code 2005, is 3 32 amended by adding the following new paragraph: 3 33 NEW PARAGRAPH. g. The acknowledgment of a voter who 3 34 registered to vote under the special late registration 3 35 provisions is returned pursuant to section 48A.29, subsection 4 1 1 or 2. 4 2 Sec. 8. Section 49.77, Code 2005, is amended by adding the 4 3 following new subsection: 4 4 NEW SUBSECTION. 6. A person whose name does not appear on 4 5 the election register of the precinct who registers under 4 6 section 48A.9A shall be allowed to cast a ballot and the 4 7 precinct election official is not under a duty to require that 4 8 the ballot be cast under section 49.81. 4 9 Sec. 9. IMPLEMENTATION OF ACT. Section 25B.2, subsection 4 10 3, shall not apply to this Act. 4 11 EXPLANATION 4 12 This bill provides for a special late voter registration 4 13 procedure which would enable an eligible elector to vote at 4 14 the polling place on election day. The person is required to 4 15 have been a resident of the county in which the election is 4 16 held for 10 days immediately preceding the election. The 4 17 person is also required to show proof of residency when 4 18 registering. The state commissioner of elections, i.e., the 4 19 secretary of state, shall designate which documents are 4 20 acceptable to show proof of residency. 4 21 The bill provides for the issuance of special late 4 22 registration affidavits to serve as proof of voting 4 23 eligibility if the county commissioner of registration is 4 24 unable to make the information required of an eligible elector 4 25 available on the election register of a county precinct. 4 26 The bill requires the county commissioner to mail 4 27 acknowledgment to the late registrant within 10 days of 4 28 registering. If the acknowledgment is returned as 4 29 undeliverable by the postal service, the commissioner is 4 30 directed to cancel the registration and immediately notify the 4 31 state commissioner of registration and the county attorney. 4 32 The bill may include a state mandate as defined in Code 4 33 section 25B.3. The bill makes inapplicable Code section 4 34 25B.2, subsection 3, which would relieve a political 4 35 subdivision from complying with a state mandate if funding for 5 1 the cost of the state mandate is not provided or specified. 5 2 Therefore, political subdivisions are required to comply with 5 3 any state mandate included in the bill. 5 4 LSB 2158HH 81 5 5 sc:nh/sh/8