Senate File 352 - Introduced
SENATE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO SSB 1229)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act allowing a voter to register to vote and to vote after
2 regular registration and prior to voting in an election.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2469SV 82
5 sc/gg/14
PAG LIN
1 1 Section 1. NEW SECTION. 48A.7A ELECTION DAY AND
1 2 IN=PERSON ABSENTEE REGISTRATION.
1 3 1. a. A person who is eligible to register to vote and to
1 4 vote may register on election day by appearing in person at
1 5 the polling place for the precinct in which the individual
1 6 resides and completing a voter registration application,
1 7 making written oath, and providing proof of identity and
1 8 residence.
1 9 b. For purposes of this section, a person may establish
1 10 identity and residence by presenting to the appropriate
1 11 precinct election official a current and valid Iowa driver's
1 12 license or Iowa nonoperator's identification card or by
1 13 presenting a current and valid form of photographic
1 14 identification approved by rule by the state registrar of
1 15 voters. If the photographic identification presented does not
1 16 contain the person's current address in the precinct, the
1 17 person shall also present a current document that shows the
1 18 person's name and address in the precinct. The state
1 19 registrar of voters by rule shall designate which documents
1 20 are acceptable to show proof of residency.
1 21 c. In lieu of paragraph "b", a person wishing to vote may
1 22 establish identity and residency in the precinct by written
1 23 oath of a person who is registered to vote in the precinct.
1 24 The registered voter's oath shall attest to the stated
1 25 identity of the person wishing to vote and that the person is
1 26 a current resident of the precinct. The oath must be signed
1 27 by the attesting registered voter in the presence of the
1 28 appropriate precinct election official. A registered voter
1 29 who has signed an oath on election day attesting to a person's
1 30 identity and residency as provided in this paragraph is
1 31 prohibited from signing any further oaths as provided in this
1 32 paragraph on that day.
1 33 2. The oath required in subsection 1, paragraph "a", and
1 34 in paragraph "c", if applicable, shall be attached to the
1 35 voter registration application.
2 1 3. At any time before election day, a person who appears
2 2 in person at the commissioner's office or at a satellite
2 3 absentee voting station after the deadline for registration in
2 4 section 48A.9, may register to vote and vote an absentee
2 5 ballot by following the procedure in this section for
2 6 registering to vote on election day. A person who wishes to
2 7 vote in person at the polling place on election day and who
2 8 has not registered to vote before the deadline for registering
2 9 in section 48A.9, is required to register to vote at the
2 10 polling place on election day following the procedure in this
2 11 section. However, the person may complete the voter
2 12 registration application at the commissioner's office and,
2 13 after the commissioner has reviewed the completed application,
2 14 may present the application to the appropriate precinct
2 15 election official along with proof of identity and residency.
2 16 4. The form of the written oaths required in this section
2 17 shall be prescribed by rule by the state registrar of voters.
2 18 Sec. 2. Section 48A.9, subsection 1, Code 2007, is amended
2 19 to read as follows:
2 20 1. Registration closes at five p.m. eleven days before
2 21 each election except primary and general elections. For
2 22 primary and general elections, registration closes at five
2 23 p.m. ten days before the election. An eligible elector may
2 24 register during the time registration is closed in the
2 25 elector's precinct but the registration shall not become
2 26 effective until registration opens again in the elector's
2 27 precinct, except as otherwise provided in section 48A.7A.
2 28 Sec. 3. NEW SECTION. 48A.26A ACKNOWLEDGMENT OF ELECTION
2 29 DAY AND IN=PERSON ABSENTEE REGISTRATION FORM.
2 30 1. Within forty=five days of receiving a voter
2 31 registration form completed under section 48A.7A, the
2 32 commissioner shall send an acknowledgment to the registrant,
2 33 in the manner provided in section 48A.26, subsections 2
2 34 through 5, as applicable, at the mailing address shown on the
2 35 registration form. The acknowledgment shall be sent by
3 1 nonforwardable mail.
3 2 2. If the acknowledgment is returned as undeliverable by
3 3 the postal service, the commissioner shall attempt to contact
3 4 the voter by forwardable mail. If a response is not received
3 5 from the voter within fourteen days after the notice is
3 6 mailed, the commissioner shall change the status of the
3 7 registration to inactive status and shall immediately notify
3 8 the state registrar of voters and the county attorney.
3 9 Sec. 4. Section 48A.37, subsection 2, Code 2007, is
3 10 amended to read as follows:
3 11 2. Electronic records shall include a status code
3 12 designating whether the records are active, inactive, local,
3 13 or pending. Inactive records are records of registered voters
3 14 to whom notices have been sent pursuant to section 48A.28,
3 15 subsection 3, and who have not returned the card or otherwise
3 16 responded to the notice, and those records have been
3 17 designated inactive pursuant to section 48A.29. Inactive
3 18 records are also records of registered voters to whom notices
3 19 have been sent pursuant to section 48A.26A and who have not
3 20 responded to the notice. Local records are records of
3 21 applicants who did not answer either "yes" or "no" to the
3 22 question in section 48A.11, subsection 3, paragraph "a".
3 23 Pending records are records of applicants whose applications
3 24 have not been verified pursuant to section 48A.25A. All other
3 25 records are active records. An inactive record shall be made
3 26 active when the registered voter votes at an election,
3 27 registers again, or reports a change of name, address,
3 28 telephone number, or political party affiliation. A pending
3 29 record shall be made active upon verification. A local record
3 30 shall be valid for any election for which no candidates for
3 31 federal office appear on the ballot. A registrant with only a
3 32 local record shall not vote in a federal election unless the
3 33 registrant submits a new voter registration application before
3 34 election day indicating that the applicant is a citizen of the
3 35 United States.
4 1 Sec. 5. Section 49.77, subsection 4, Code 2007, is amended
4 2 to read as follows:
4 3 4. a. A person whose name does not appear on the election
4 4 register of the precinct in which that person claims the right
4 5 to vote shall not be permitted to vote, unless the person
4 6 affirms that the person is currently registered in the county
4 7 and presents proof of identity, or the commissioner informs
4 8 the precinct election officials that an error has occurred and
4 9 that the person is a registered voter of that precinct. If
4 10 the commissioner finds no record of the person's registration
4 11 but the person insists that the person is a registered voter
4 12 of that precinct, the precinct election officials shall allow
4 13 the person to cast a ballot in the manner prescribed by
4 14 section 49.81.
4 15 b. If the voter informs the precinct election official
4 16 that the voter resides in the precinct and is not registered
4 17 to vote, the voter may register to vote pursuant to section
4 18 48A.7A and cast a ballot. If such a voter is unable to
4 19 establish identity and residency in the manner provided in
4 20 section 48A.7A, subsection 1, paragraph "b" or "c", the voter
4 21 shall be allowed to cast a ballot in the manner prescribed by
4 22 section 49.81.
4 23 c. A person who has been sent an absentee ballot by mail
4 24 but for any reason has not received it shall be permitted to
4 25 cast a ballot in person pursuant to section 53.19 and in the
4 26 manner prescribed by section 49.81.
4 27 EXPLANATION
4 28 This bill allows a person to register to vote after the
4 29 normal statutory deadline for registration for an election and
4 30 to vote in that election.
4 31 The bill provides that a person eligible to register to
4 32 vote and to vote may register in person at the polling place
4 33 on election day by completing a voter registration form,
4 34 making written oath, and providing proof of identity and proof
4 35 of residency in the precinct. If the person does not have
5 1 such proof, the bill allows identity and residency in the
5 2 precinct to be established by written oath of a registered
5 3 voter of the precinct. The bill allows a person who cannot
5 4 establish identity and residency in the precinct by either of
5 5 these methods to vote a provisional ballot.
5 6 The bill also provides that at any time before election day
5 7 and after the normal deadline for registering to vote, a
5 8 person may vote absentee at the commissioner's office or at a
5 9 satellite absentee voting station by registering in the same
5 10 manner as registration may be accomplished on election day.
5 11 The bill requires the county commissioner of elections to
5 12 send acknowledgment of election day and in=person absentee
5 13 registrations within 45 days of receiving the voter
5 14 registration form. If the acknowledgment is returned as
5 15 undeliverable, the commissioner is required to attempt contact
5 16 by forwardable mail. If the voter does not respond within 14
5 17 days of the notice being mailed, the commissioner is required
5 18 to change the status of the registration to inactive status
5 19 and immediately notify the state registrar of voters
5 20 (secretary of state) and the county attorney.
5 21 LSB 2469SV 82
5 22 sc:rj/gg/14