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