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 51.a. The manner of obtaining ballots. 3 62.b. The manner of marking ballots. 3 73.c. That unmarked or improperly marked ballots will not 3 8 be counted. 3 94.d. The method of gaining assistance in marking 3 10 ballots. 3 115.e. That any erasures or identification marks, or 3 12 otherwise spoiling or defacing a ballot, will render it 3 13 invalid. 3 146.f. Not to vote a spoiled or defaced ballot. 3 157.g. How to obtain a new ballot in place of a spoiled or 3 16 defaced one. 3 178.h. Any other mattersthoughtdetermined 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 ofthe foregoingeach 4 15 set of instructions described in section 49.68 to be printed 4 16 in large, clear type, under theheadingheadings of 4 17 "Instructions forVoters"Marking Ballots" and "Iowa Voter 4 18 Bill of Rights", and shall furnish the precinct election 4 19 officials with a sufficient number ofsucheach 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 causetheeach set of instructionsfor voters4 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