House File 75 - Introduced
HOUSE FILE
BY RAECKER and ELGIN
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act providing for the restoration of the right to vote and
2 hold elective office for certain persons who have made full
3 restitution and who have been discharged from probation,
4 parole, or work release, or who have been released from
5 confinement.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
7 TLSB 1486HH 81
8 sc/sh/8
PAG LIN
1 1 Section 1. Section 43.18, subsection 9, Code 2005, is
1 2 amended by striking the subsection.
1 3 Sec. 2. Section 43.67, subsection 9, Code 2005, is amended
1 4 by striking the subsection.
1 5 Sec. 3. Section 44.3, subsection 2, paragraph i, Code
1 6 2005, is amended by striking the paragraph.
1 7 Sec. 4. Section 45.3, subsection 9, Code 2005, is amended
1 8 by striking the subsection.
1 9 Sec. 5. Section 48A.6, subsection 1, Code 2005, is amended
1 10 to read as follows:
1 11 1. A person who has been convicted of a felony as defined
1 12 in section 701.7, or convicted of an offense classified as a
1 13 felony under federal law. If the person's rights are later
1 14 restored by the governor, or by the president of the United
1 15 States, pursuant to section 914.8, or by a pardon issued by
1 16 the governor or the president of the United States, the person
1 17 may register to vote.
1 18 Sec. 6. Section 57.1, subsection 2, paragraph c, Code
1 19 2005, is amended to read as follows:
1 20 c. That prior to the election the incumbent had been duly
1 21 convicted of a felony, as defined in section 701.7, and that
1 22 the judgment had not been reversed, annulled, or set aside,
1 23 nor the incumbent pardoned by the governor or the president of
1 24 the United States or restored to the rights of citizenship by
1 25 the governor under chapter 914 pursuant to section 914.8, at
1 26 the time of the election.
1 27 Sec. 7. Section 99B.1, subsection 13, paragraph c, Code
1 28 2005, is amended to read as follows:
1 29 C. The applicant has not been convicted of a felony.
1 30 However, if the applicant's conviction occurred more than five
1 31 years before the date of the application for a license, and if
1 32 the applicant's rights of citizenship have been restored by
1 33 the governor pursuant to sections 914.1 through 914.6, the
1 34 director of the department may determine that the applicant is
1 35 an eligible applicant.
2 1 Sec. 8. Section 123.3, subsection 26, paragraph d, Code
2 2 2005, is amended to read as follows:
2 3 d. The person has not been convicted of a felony.
2 4 However, if the person's conviction of a felony occurred more
2 5 than five years before the date of the application for a
2 6 license or permit, and if the person's rights of citizenship
2 7 have been restored by the governor pursuant to sections 914.1
2 8 through 914.6, the administrator may determine that the person
2 9 is of good moral character notwithstanding such conviction.
2 10 Sec. 9. Section 161A.5, subsection 3, unnumbered paragraph
2 11 1, Code 2005, is amended to read as follows:
2 12 At each general election a successor shall be chosen for
2 13 each commissioner whose term will expire in the succeeding
2 14 January. Nomination of candidates for the office of
2 15 commissioner shall be made by petition in accordance with
2 16 chapter 45, except that each candidate's nominating petition
2 17 shall be signed by at least twenty=five eligible electors of
2 18 the district. The petition form shall be furnished by the
2 19 county commissioner of elections. Every candidate shall file
2 20 with the nomination papers an affidavit stating the
2 21 candidate's name, the candidate's residence, that the person
2 22 is a candidate and is eligible for the office of commissioner,
2 23 and that if elected the candidate will qualify for the office.
2 24 The affidavit shall also state that the candidate is aware
2 25 that the candidate is disqualified from holding office if the
2 26 candidate has been convicted of a felony or other infamous
2 27 crime and the candidate's rights have not been restored by the
2 28 governor or by the president of the United States.
2 29 Sec. 10. Section 277.4, unnumbered paragraph 3, Code 2005,
2 30 is amended to read as follows:
2 31 Signers of nomination petitions shall include their
2 32 addresses and the date of signing, and must reside in the same
2 33 director district as the candidate if directors are elected by
2 34 the voters of a director district, rather than at=large. A
2 35 person may sign nomination petitions for more than one
3 1 candidate for the same office, and the signature is not
3 2 invalid solely because the person signed nomination petitions
3 3 for one or more other candidates for the office. The petition
3 4 shall be filed with the affidavit of the candidate being
3 5 nominated, stating the candidate's name, place of residence,
3 6 that such person is a candidate and is eligible for the office
3 7 the candidate seeks, and that if elected the candidate will
3 8 qualify for the office. The affidavit shall also state that
3 9 the candidate is aware that the candidate is disqualified from
3 10 holding office if the candidate has been convicted of a felony
3 11 or other infamous crime and the candidate's rights have not
3 12 been restored by the governor or by the president of the
3 13 United States.
3 14 Sec. 11. Section 376.4, unnumbered paragraph 4, Code 2005,
3 15 is amended to read as follows:
3 16 The petition must include the affidavit of the individual
3 17 for whom it is filed, stating the individual's name, the
3 18 individual's residence, that the individual is a candidate and
3 19 eligible for the office, and that if elected the individual
3 20 will qualify for the office. The affidavit shall also state
3 21 that the candidate is aware that the candidate is disqualified
3 22 from holding office if the candidate has been convicted of a
3 23 felony or other infamous crime and the candidate's rights have
3 24 not been restored by the governor or by the president of the
3 25 United States.
3 26 Sec. 12. Section 602.8102, Code 2005, is amended by adding
3 27 the following new subsection:
3 28 NEW SUBSECTION. 45. Notify a person that the person has
3 29 made full restitution, including the community service
3 30 requirement, and that if the person has been discharged from
3 31 probation, parole, or work release or has been released from
3 32 confinement because the term of confinement is completed, the
3 33 person may apply to register to vote.
3 34 Sec. 13. Section 910.9, Code 2005, is amended by adding
3 35 the following new unnumbered paragraph:
4 1 NEW UNNUMBERED PARAGRAPH. The clerk of the sentencing
4 2 court shall notify the offender that full restitution,
4 3 including the community service requirement, has been made,
4 4 and that if the offender has been discharged from probation,
4 5 parole, or work release or has been released from confinement
4 6 because the term of confinement is completed, the offender may
4 7 apply to register to vote.
4 8 Sec. 14. Section 914.2, Code 2005, is amended to read as
4 9 follows:
4 10 914.2 RIGHT OF APPLICATION.
4 11 Except as otherwise provided in section 902.2 or 914.8, a
4 12 person convicted of a criminal offense has the right to make
4 13 application to the board of parole for recommendation or to
4 14 the governor for a reprieve, pardon, commutation of sentence,
4 15 remission of fines or forfeitures, or restoration of rights of
4 16 citizenship at any time following the conviction.
4 17 Sec. 15. Section 914.6, subsection 3, Code 2005, is
4 18 amended to read as follows:
4 19 3. In the case of a remission of fines and forfeitures,
4 20 restoration of rights of citizenship other than the right to
4 21 register to vote and to vote, or a pardon, commutation of
4 22 sentence, or reprieve, if the person is not in custody, one
4 23 copy of the executive instrument shall be delivered to the
4 24 person and one copy to the clerk of the district court where
4 25 the judgment is of record. A list of the restorations of
4 26 rights of citizenship issued by the governor shall be
4 27 delivered to the state registrar of voters at least once each
4 28 month.
4 29 Sec. 16. NEW SECTION. 914.8 RESTORATION OF RIGHT TO
4 30 REGISTER AND TO VOTE.
4 31 1. A person convicted of a felony criminal offense who has
4 32 been discharged from probation under section 907.9, discharged
4 33 from parole or work release under section 906.15, or who is
4 34 released from confinement under section 902.6 because the
4 35 person has completed the person's term of confinement, and who
5 1 has made full restitution, including fulfilling the community
5 2 service requirement, shall have the right to register to vote
5 3 and to vote restored in the manner provided in this section.
5 4 2. Upon discharge from confinement or supervision, the
5 5 department of corrections or judicial district department of
5 6 correctional services, whichever is applicable, shall provide
5 7 written notice to the inmate, parolee, or probationer of the
5 8 person's discharge which shall include a voter registration
5 9 form and a statement that the person's right to register to
5 10 vote and to vote will be restored upon making full
5 11 restitution, including fulfilling the community service
5 12 requirement, and that the clerk of court will notify the
5 13 person when full restitution has been made. The notice shall
5 14 also inform the person that when first registering to vote
5 15 after discharge, the person must present to the commissioner
5 16 of registration the discharge notice and the notice that full
5 17 restitution has been made.
5 18 3. A person convicted of a class "A" felony whose sentence
5 19 has been commuted by the governor shall not be allowed to
5 20 register to vote.
5 21 EXPLANATION
5 22 This bill makes restoration of the right to register to
5 23 vote and to vote automatic upon a person's release from
5 24 probation, parole, or work release, or upon completion of the
5 25 person's term of confinement and upon the person making full
5 26 restitution, including completion of a community service
5 27 requirement. By operation of law, persons whose rights have
5 28 been restored are eligible to run for elective office.
5 29 The bill requires the department of corrections or the
5 30 judicial district department of correctional services to
5 31 provide written notice upon discharge from confinement or
5 32 supervision that a person's voting rights will be restored
5 33 when full restitution is made and that the person must provide
5 34 written notice of discharge and written notice that full
5 35 restitution has been made when registering to vote. The
6 1 notice shall also include a voter registration form.
6 2 The bill does not extend restoration of the right to
6 3 register to vote and to vote to a person convicted of a class
6 4 "A" felony whose sentence has been commuted by the governor.
6 5 The bill requires the clerk of the sentencing court to
6 6 notify the offender that full restitution has been made, and
6 7 that, if the person has been discharged from probation,
6 8 parole, or work release, or released from confinement, the
6 9 person may register to vote.
6 10 LSB 1486HH 81
6 11 sc/sh/8