House File 628 - Introduced
HOUSE FILE
BY JOCHUM
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to changes in the state's election laws relating
2 to the right of Iowa's citizens to vote and providing for the
3 Act's implementation.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2047HH 81
6 sc/gg/14
PAG LIN
1 1 Section 1. FINDINGS AND PURPOSE. The general assembly
1 2 finds that the 2000 general election exposed serious flaws in
1 3 our nation's voting systems. The pattern of turning away or
1 4 discouraging voters continued in 2004, due to voter
1 5 intimidation and suppression tactics as well as communications
1 6 failures and mistakes.
1 7 In order to protect the right to vote for all its citizens,
1 8 the state recognizes the need to criminalize voter
1 9 intimidation and voter suppression, require a voting bill of
1 10 rights to be posted at every precinct polling place, and
1 11 provide precinct election officials with a manual of election
1 12 procedures to use on election day.
1 13 Sec. 2. Section 39A.2, subsection 1, paragraph c, Code
1 14 2005, is amended by adding the following new subparagraphs:
1 15 NEW SUBPARAGRAPH. (4) To refrain from registering to
1 16 vote, voting, or attempting to register to vote.
1 17 NEW SUBPARAGRAPH. (5) To vote, or to refrain from voting,
1 18 for any particular candidate or ballot measure.
1 19 Sec. 3. Section 39A.2, subsection 1, Code 2005, is amended
1 20 by adding the following new paragraph:
1 21 NEW PARAGRAPH. f. SUPPRESSION.
1 22 (1) Challenges a person's right to vote based on knowingly
1 23 false information.
1 24 (2) Attempts to induce a person to refrain from
1 25 registering to vote or from voting by providing that person
1 26 with knowingly false information.
1 27 (3) Attempts to induce a person to refrain from
1 28 registering to vote, or to refrain from voting, at the proper
1 29 place or time by providing that person with knowingly false
1 30 information about the manner in which an eligible elector may
1 31 register to vote or about an election.
1 32 Sec. 4. Section 47.1, Code 2005, is amended by adding the
1 33 following new subsection:
1 34 NEW SUBSECTION. 6. The state commissioner shall create a
1 35 manual of election procedures that provides uniform polling
2 1 place procedures to guide precinct election officials in the
2 2 proper implementation of the election laws. The manual shall
2 3 be indexed by subject and written in clear and unambiguous
2 4 language. The manual shall provide specific examples of
2 5 common problems encountered at the polls on election day, and
2 6 detail specific procedures for resolving those problems. The
2 7 manual shall include, but not be limited to, the following:
2 8 a. Regulations governing solicitation by individuals and
2 9 groups at the polling place.
2 10 b. Procedures to be followed with respect to voters whose
2 11 names are not on the precinct register.
2 12 c. Proper operation of the voting system or voting machine
2 13 in use at the polling place.
2 14 d. Procedures for handling ballots.
2 15 e. Procedures governing spoiled ballots.
2 16 f. Procedures to be followed after the polls close.
2 17 g. The rights of voters at the polls.
2 18 h. Procedures for handling emergency situations.
2 19 i. Procedures for handling and processing provisional
2 20 ballots.
2 21 j. Security procedures.
2 22 The manual shall be adopted by rule pursuant to chapter
2 23 17A. The manual shall be revised from time to time as may be
2 24 necessary and the revisions shall be adopted by rule in the
2 25 same manner as the original manual.
2 26 The county commissioner of elections shall provide a copy
2 27 of the manual, in paper or electronic format, to each precinct
2 28 polling place on election day. The manual may be used to
2 29 supplement the training manual required by section 49.126 when
2 30 conducting the training course required by section 49.124.
2 31 Sec. 5. Section 49.68, Code 2005, is amended to read as
2 32 follows:
2 33 49.68 STATE COMMISSIONER TO FURNISH INSTRUCTIONS.
2 34 1. The state commissioner with the approval of the
2 35 attorney general shall prepare, and from time to time revise,
3 1 written instructions to the voters relative to voting, and
3 2 shall furnish each commissioner with copies of the
3 3 instructions. Such instructions shall cover the following
3 4 matters:
3 5 1. a. The manner of obtaining ballots.
3 6 2. b. The manner of marking ballots.
3 7 3. c. That unmarked or improperly marked ballots will not
3 8 be counted.
3 9 4. d. The method of gaining assistance in marking
3 10 ballots.
3 11 5. e. That any erasures or identification marks, or
3 12 otherwise spoiling or defacing a ballot, will render it
3 13 invalid.
3 14 6. f. Not to vote a spoiled or defaced ballot.
3 15 7. g. How to obtain a new ballot in place of a spoiled or
3 16 defaced one.
3 17 8. h. Any other matters thought determined necessary.
3 18 2. Another set of instructions, which shall be known as
3 19 the Iowa voter bill of rights, shall inform the voter as to
3 20 the following matters:
3 21 a. That the voter has the right to inspect a sample ballot
3 22 before voting.
3 23 b. That the voter has the right to cast a ballot if the
3 24 voter is on the premises of the voter's precinct polling place
3 25 at the time the polling place is to be closed.
3 26 c. That the voter has the right to ask for and receive
3 27 assistance in voting, including assistance in languages other
3 28 than English if required by federal or state law.
3 29 d. That the voter has the right to return a spoiled ballot
3 30 to the precinct election officials and receive another ballot,
3 31 but no more than three ballots, including the one first
3 32 delivered, may be received by the voter.
3 33 e. That the voter has the right to cast a provisional
3 34 ballot if the voter's eligibility to vote is in question.
3 35 f. That the voter has the right to cast a ballot free from
4 1 coercion or intimidation by any person, including election
4 2 officials.
4 3 g. That the voter has the right to cast a ballot using
4 4 voting equipment that accurately counts all votes properly
4 5 cast.
4 6 h. Any other matters determined necessary.
4 7 3. In any political subdivision or precinct where federal
4 8 or state law requires the ballot to be made available in a
4 9 language other than English, the sets of instructions required
4 10 by this section shall also be made available in such language.
4 11 Sec. 6. Section 49.70, Code 2005, is amended to read as
4 12 follows:
4 13 49.70 PRECINCT ELECTION OFFICIALS FURNISHED INSTRUCTIONS.
4 14 The commissioner shall cause copies of the foregoing each
4 15 set of instructions described in section 49.68 to be printed
4 16 in large, clear type, under the heading headings of
4 17 "Instructions for Voters" Marking Ballots" and "Iowa Voter
4 18 Bill of Rights", and shall furnish the precinct election
4 19 officials with a sufficient number of such each set of
4 20 instructions as will enable them to comply with section 49.71.
4 21 Sec. 7. Section 49.71, Code 2005, is amended to read as
4 22 follows:
4 23 49.71 POSTING INSTRUCTION CARDS AND SAMPLE BALLOTS.
4 24 The precinct election officials, before the opening of the
4 25 polls, shall cause the each set of instructions for voters
4 26 required pursuant to section 49.70 to be securely posted as
4 27 follows:
4 28 1. One copy of instructions for marking ballots in each
4 29 voting booth.
4 30 2. Not less than four copies of each set, with an equal
4 31 number of sample ballots, in and about the polling place.
4 32 Sec. 8. IMPLEMENTATION OF ACT. Section 25B.2, subsection
4 33 3, shall not apply to this Act.
4 34 EXPLANATION
4 35 This bill makes changes in the state's election laws in
5 1 order to protect the right of Iowa's citizens to vote.
5 2 The bill makes it a class "D" felony to intimidate or
5 3 coerce a voter to refrain from registering to vote, voting, or
5 4 attempting to register to vote, or to vote or refrain from
5 5 voting for any particular candidate or ballot measure.
5 6 The bill also makes it a class "D" felony for a person to
5 7 engage in voter suppression. Voter suppression is described
5 8 as challenging a person's right to vote based on knowingly
5 9 false information, attempting to induce a person to refrain
5 10 from registering to vote or from voting by providing that
5 11 person with knowingly false information, or attempting to
5 12 induce a person to refrain from registering to vote or from
5 13 voting by providing that person with knowingly false
5 14 information relating to the time, place, and manner of
5 15 registering to vote or of voting.
5 16 The bill requires the state commissioner of elections to
5 17 create, and adopt by administrative rule, a manual of election
5 18 procedures that provides uniform polling place procedures to
5 19 guide precinct election officials. The county commissioner of
5 20 elections shall provide a copy of the manual to each precinct
5 21 polling place. The county commissioner may also use the
5 22 manual to supplement the training manual currently used to
5 23 train all election personnel.
5 24 The bill requires the state commissioner to prepare an
5 25 "Iowa Voter Bill of Rights" which shall be posted at every
5 26 polling place. The bill further requires that the voter bill
5 27 of rights, and the instructions for marking ballots currently
5 28 required by state law to be posted, be made available in a
5 29 political subdivision or precinct in a language other than
5 30 English if federal or state law requires the ballot in that
5 31 political subdivision or precinct to be made available in that
5 32 language.
5 33 The bill may include a state mandate as defined in Code
5 34 section 25B.3. The bill makes inapplicable Code section
5 35 25B.2, subsection 3, which would relieve a political
6 1 subdivision from complying with a state mandate if funding for
6 2 the cost of the state mandate is not provided or specified.
6 3 Therefore, political subdivisions are required to comply with
6 4 any state mandate included in the bill.
6 5 LSB 2047HH 81
6 6 sc:nh/gg/14