House File 500 - Introduced
HOUSE FILE
BY ALONS, WATTS, KOESTER,
HAGENOW, BAUDLER, TYMESON,
SANDS, MAY, HELLAND, DE BOEF,
HORBACH, GRASSLEY, DRAKE,
KAUFMANN, and ANDERSON
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act requiring voters to provide certain identification when
2 voting in person at the polling place.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 1830YH 83
5 sc/nh/5
PAG LIN
1 1 Section 1. Section 48A.8, is amended by striking the
1 2 section and inserting in lieu thereof the following:
1 3 48A.8 REGISTRATION BY MAIL.
1 4 An eligible elector may register to vote by completing a
1 5 mail registration form. The completed form may be mailed or
1 6 delivered by the registrant or the registrant's designee to
1 7 the commissioner in the county where the person resides. A
1 8 separate registration form shall be signed by each individual
1 9 registrant.
1 10 Sec. 2. Section 48A.26, Code 2009, is amended by adding
1 11 the following new subsection:
1 12 NEW SUBSECTION. 10. An acknowledgment mailed pursuant to
1 13 subsection 2 or 4 shall include a statement informing the
1 14 registered voter that the voter is required to show current
1 15 and valid identification before the person will be allowed to
1 16 vote, and that the identification must contain a photograph of
1 17 the voter and a validity expiration date.
1 18 Sec. 3. Section 48A.27, subsection 4, paragraph c,
1 19 subparagraph (2), Code 2009, is amended to read as follows:
1 20 (2) The notice shall contain a statement in substantially
1 21 the following form:
1 22 "Information received from the United States postal service
1 23 indicates that you are no longer a resident of, and therefore
1 24 not eligible to vote in (name of county) County, Iowa. If
1 25 this information is not correct, and you still live in (name
1 26 of county) County, please complete and mail the attached
1 27 postage paid card at least ten days before the primary or
1 28 general election and at least eleven days before any other
1 29 election at which you wish to vote. If the information is
1 30 correct and you have moved, please contact a local official in
1 31 your new area for assistance in registering there. If you do
1 32 not mail in the card, you may be required to show
1 33 identification to prove residency before being allowed to vote
1 34 in (name of county) County. If you do not return the card,
1 35 and you do not vote in an election in (name of county) County,
2 1 Iowa, on or before (date of second general election following
2 2 the date of the notice) your name will be removed from the
2 3 list of voters in that county. To ensure you receive this
2 4 notice, it is being sent to both your most recent registration
2 5 address and to your new address as reported by the postal
2 6 service."
2 7 Sec. 4. Section 48A.29, subsection 1, paragraph b, Code
2 8 2009, is amended to read as follows:
2 9 b. The notice shall contain a statement in substantially
2 10 the following form:
2 11 "Information received from the United States postal service
2 12 indicates that you are no longer a resident of (residence
2 13 address) in (name of county) County, Iowa. If this
2 14 information is not correct, and you still live in (name of
2 15 county) County, please complete and mail the attached postage
2 16 paid card at least ten days before the primary or general
2 17 election and at least eleven days before any other election at
2 18 which you wish to vote. If the information is correct, and
2 19 you have moved, please contact a local official in your new
2 20 area for assistance in registering there. If you do not mail
2 21 in the card, you may be required to show identification to
2 22 prove residency before being allowed to vote in (name of
2 23 county) County. If you do not return the card, and you do not
2 24 vote in some election in (name of county) County, Iowa, on or
2 25 before (date of second general election following the date of
2 26 the notice) your name will be removed from the list of voters
2 27 in that county."
2 28 Sec. 5. Section 48A.29, subsection 3, paragraph b, Code
2 29 2009, is amended to read as follows:
2 30 b. The notice shall contain a statement in substantially
2 31 the following form:
2 32 "Information received by this office indicates that you are
2 33 no longer a resident of (residence address) in (name of
2 34 county) County, Iowa. If the information is not correct, and
2 35 you still live at that address, please complete and mail the
3 1 attached postage paid card at least ten days before the
3 2 primary or general election and at least eleven days before
3 3 any other election at which you wish to vote. If the
3 4 information is correct, and you have moved within the county,
3 5 you may update your registration by listing your new address
3 6 on the card and mailing it back. If you have moved outside
3 7 the county, please contact a local official in your new area
3 8 for assistance in registering there. If you do not mail in
3 9 the card, you may be required to show identification to prove
3 10 residency before being allowed to vote in (name of county)
3 11 County. If you do not return the card, and you do not vote in
3 12 some election in (name of county) County, Iowa, on or before
3 13 (date of second general election following the date of the
3 14 notice) your name will be removed from the list of registered
3 15 voters in that county."
3 16 Sec. 6. Section 49.77, subsection 3, Code 2009, is amended
3 17 to read as follows:
3 18 3. a. A precinct election official shall require any
3 19 person whose name does not appear on the election register as
3 20 an active voter to show identification. Specific documents
3 21 which are acceptable forms of identification shall be
3 22 prescribed by the state commissioner.
3 23 b. 3. a. A precinct election official may shall require
3 24 of that the voter unknown to the official, identification upon
3 25 which the voter's signature or mark appears produce for
3 26 inspection one of the following current and valid forms of
3 27 identification if such identification contains the person's
3 28 photograph and a validity expiration date:
3 29 (a) An out=of=state driver's license or nonoperator's
3 30 identification card.
3 31 (b) A United States passport.
3 32 (c) A United States military identification card.
3 33 (d) An identification card issued by an employer.
3 34 (e) A student identification card issued by an Iowa high
3 35 school or an Iowa postsecondary educational institution.
4 1 b. If identification is established to the satisfaction of
4 2 the precinct election officials, the person may then be
4 3 allowed to vote.
4 4 Sec. 7. Section 49.77, subsection 4, paragraph a, Code
4 5 2009, is amended to read as follows:
4 6 a. A precinct election official shall require any person
4 7 whose name does not appear on the election register as an
4 8 active voter to show identification to prove residency in the
4 9 precinct. Specific documents which are acceptable forms of
4 10 identification under this subsection shall be prescribed by
4 11 rule by the state commissioner. A person whose name does not
4 12 appear on the election register of the precinct in which that
4 13 person claims the right to vote shall not be permitted to
4 14 vote, unless the person affirms that the person is currently
4 15 registered in the county and presents proof of identity
4 16 identification to prove residency, or the commissioner informs
4 17 the precinct election officials that an error has occurred and
4 18 that the person is a registered voter of that precinct. If
4 19 the commissioner finds no record of the person's registration
4 20 but the person insists that the person is a registered voter
4 21 of that precinct, the precinct election officials shall allow
4 22 the person to cast a ballot in the manner prescribed by
4 23 section 49.81.
4 24 Sec. 8. Section 49.81, subsection 1, Code 2009, is amended
4 25 to read as follows:
4 26 1. A prospective voter who is prohibited under section
4 27 48A.8, subsection 4, section 49.77, subsection 4, or section
4 28 49.80 from voting except under this section shall be notified
4 29 by the appropriate precinct election official that the voter
4 30 may cast a provisional ballot. If a booth meeting the
4 31 requirement of section 49.25 is not available at that polling
4 32 place, the precinct election officials shall make alternative
4 33 arrangements to insure the voter the opportunity to vote in
4 34 secret. The voter shall mark the ballot, fold it or insert it
4 35 in a secrecy envelope as required by section 49.84, and
5 1 immediately seal it in an envelope of the type prescribed by
5 2 subsection 4. The voter shall deliver the sealed envelope to
5 3 a precinct election official who shall deposit it in an
5 4 envelope marked "provisional ballots". The ballot shall be
5 5 considered as having been cast in the special precinct
5 6 established by section 53.20 for purposes of the postelection
5 7 canvass.
5 8 Sec. 9. Section 53.38, Code 2009, is amended to read as
5 9 follows:
5 10 53.38 WHAT CONSTITUTES REGISTRATION.
5 11 Whenever a ballot is requested pursuant to section 53.39 or
5 12 53.45 on behalf of a voter in the armed forces of the United
5 13 States, the affidavit upon the affidavit envelope of such
5 14 voter, if the voter is found to be an eligible elector of the
5 15 county to which the ballot is submitted, shall constitute a
5 16 sufficient registration under chapter 48A. A completed
5 17 federal postcard registration and federal absentee ballot
5 18 request form submitted by such eligible elector shall also
5 19 constitute a sufficient registration under chapter 48A. The
5 20 commissioner shall place the voter's name on the registration
5 21 record as a registered voter if it does not already appear
5 22 there. The identification requirements of section 48A.8 and
5 23 the verification requirements of section 48A.25A do not apply
5 24 to persons who register to vote under this division.
5 25 EXPLANATION
5 26 This bill requires that all voters show current and valid
5 27 identification before being allowed to vote at the polls.
5 28 Correspondingly, the bill strikes the requirement that certain
5 29 persons who register by mail and who have not previously voted
5 30 in a federal election in the county of registration must show
5 31 identification when voting for the first time in the county at
5 32 an election with federal offices on the ballot.
5 33 The bill further provides that the current and valid
5 34 identification is the same forms of identification required
5 35 for election day and in=person absentee registrants if such
6 1 identification contains a photograph of the voter and the
6 2 validity expiration date of the identification.
6 3 The bill also specifies that the requirement in current law
6 4 that a voter show identification if the voter's name does not
6 5 appear on the election register or if the voter did not
6 6 respond to a confirmation card sent by the county commissioner
6 7 of elections is required in order to establish residency in
6 8 the precinct. Current law provides that the secretary of
6 9 state shall provide, by rule, the acceptable forms of
6 10 identification in these circumstances.
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