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