House File 2570 - Introduced HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 550) Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act relating to powers of the governor to grant reprieves, 2 commutations, and pardons including restoration of rights of 3 citizenship, and to remit fines and forfeitures and including 4 effective and retroactive applicability date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5260HV 81 7 sc/je/5 PAG LIN 1 1 Section 1. Section 914.1, Code 2005, is amended to read as 1 2 follows: 1 3 914.1 POWER OF GOVERNOR. 1 4 The power of the governor under the constitution to grant a 1 5 reprieve, pardon, commutation of sentence, remission of fines 1 6 and forfeitures, or restoration of the rights of citizenship 1 7 shall not be impaired, subject to regulations as provided by 1 8 law. The power of the governor to grant a reprieve, pardon, 1 9 commutation of sentence, remission of fines and forfeitures, 1 10 or restoration of the rights of citizenship shall be exercised 1 11 only as provided in this chapter. 1 12 Sec. 2. DUTY OF COUNTY AUDITOR. The county auditor of 1 13 each county is directed to cancel the registration of any 1 14 person who registered to vote between July 4, 2005, and the 1 15 effective date of this Act if the person indicated on the 1 16 voter registration application form that the person had been 1 17 convicted of a felony. The county auditor shall notify such 1 18 persons of the cancellation of registration. Any person whose 1 19 registration has been canceled in this manner shall be allowed 1 20 to register to vote if the person produces for inspection by 1 21 the auditor the executive instrument issued by the governor 1 22 restoring that individual person's rights of citizenship. 1 23 Sec. 3. RETROACTIVE APPLICABILITY. This Act, being deemed 1 24 of immediate importance, takes effect upon enactment and 1 25 applies retroactively to July 4, 2005. 1 26 EXPLANATION 1 27 Article IV, section 16, of the constitution of the state of 1 28 Iowa gives the governor the power to grant reprieves, 1 29 commutations, and pardons (including restoration of 1 30 citizenship rights), and to remit fines and forfeitures, all 1 31 "subject to such regulations as may be provided by law". Code 1 32 chapter 914 ("Reprieves, Pardons, Commutations, Remissions, 1 33 and Restorations of Rights") provides the procedure by which 1 34 the governor exercises this power. 1 35 This bill amends Code chapter 914 to provide that the 2 1 governor shall exercise this power only as provided under Code 2 2 chapter 914. 2 3 The bill takes effect upon enactment and applies 2 4 retroactively to July 4, 2005. The bill directs each county 2 5 auditor to cancel the voter registration of any person who 2 6 registered between July 4, 2005, and the effective date if the 2 7 person indicated on the voter registration application that 2 8 the person had been convicted of a felony. If such a person 2 9 whose registration has been canceled produces an executive 2 10 instrument restoring that individual person's rights of 2 11 citizenship, the person will be allowed to register to vote 2 12 again. 2 13 LSB 5260HV 81 2 14 sc:rj/je/5