Senate File 2231 - Introduced SENATE FILE 2231 BY ZAUN , BEHN , SEYMOUR , WARD , NOBLE , JOHNSON , KAPUCIAN , REYNOLDS , BARTZ , HAMERLINCK , HOUSER , HAHN , and FEENSTRA A BILL FOR An Act establishing a requirement for voters to provide certain 1 identification when voting in person at the polling place. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5919XS (6) 83 sc/nh
S.F. 2231 Section 1. Section 48A.8, Code Supplement 2009, is amended 1 by striking the section and inserting in lieu thereof the 2 following: 3 48A.8 Registration by mail. 4 An eligible elector may register to vote by completing a 5 mail registration form. The completed form may be mailed or 6 delivered by the registrant or the registrant’s designee to 7 the commissioner in the county where the person resides. A 8 separate registration form shall be signed by each individual 9 registrant. 10 Sec. 2. Section 48A.25A, subsection 1, paragraph a, Code 11 Supplement 2009, is amended to read as follows: 12 a. Upon receipt of an application for voter registration, 13 the commissioner of registration shall compare the Iowa 14 driver’s license number, the Iowa nonoperator’s identification 15 card number, or the last four numerals of the social security 16 number provided by the registrant with the records of the 17 state department of transportation. To be verified, the 18 voter registration record shall contain the same name, 19 date of birth, and Iowa driver’s license number or Iowa 20 nonoperator’s identification card number or whole or partial 21 social security number as the records of the state department 22 of transportation. If the information cannot be verified, the 23 application shall be recorded and the status of the voter’s 24 record shall be designated as pending status. The commissioner 25 of registration shall notify the applicant that the applicant 26 is required to present identification described in section 27 48A.8, subsection 2 , before voting for the first time in the 28 county. If the information can be verified, a record shall be 29 made of the verification and the status of the voter’s record 30 shall be designated as active status. 31 Sec. 3. Section 48A.26, Code Supplement 2009, is amended by 32 adding the following new subsection: 33 NEW SUBSECTION . 10. An acknowledgment mailed pursuant 34 to subsection 2 or 4 shall include a statement informing the 35 -1- LSB 5919XS (6) 83 sc/nh 1/ 7
S.F. 2231 registered voter that the voter is required to show current and 1 valid identification before the person will be allowed to vote, 2 and that the identification must contain a photograph of the 3 voter and a validity expiration date. 4 Sec. 4. Section 48A.27, subsection 4, paragraph c, 5 subparagraph (2), Code Supplement 2009, is amended to read as 6 follows: 7 (2) The notice shall contain a statement in substantially 8 the following form: 9 “Information received from the United States postal service 10 indicates that you are no longer a resident of, and therefore 11 not eligible to vote in (name of county) County, Iowa. If this 12 information is not correct, and you still live in (name of 13 county) County, please complete and mail the attached postage 14 paid card at least ten days before the primary or general 15 election and at least eleven days before any other election at 16 which you wish to vote. If the information is correct and you 17 have moved, please contact a local official in your new area 18 for assistance in registering there. If you do not mail in 19 the card, you may be required to show identification to prove 20 residency before being allowed to vote in (name of county) 21 County. If you do not return the card, and you do not vote 22 in an election in (name of county) County, Iowa, on or before 23 (date of second general election following the date of the 24 notice) your name will be removed from the list of voters in 25 that county.” 26 Sec. 5. Section 48A.29, subsection 1, paragraph b, Code 27 2009, is amended to read as follows: 28 b. The notice shall contain a statement in substantially the 29 following form: 30 “Information received from the United States postal service 31 indicates that you are no longer a resident of (residence 32 address) in (name of county) County, Iowa. If this information 33 is not correct, and you still live in (name of county) County, 34 please complete and mail the attached postage paid card at 35 -2- LSB 5919XS (6) 83 sc/nh 2/ 7
S.F. 2231 least ten days before the primary or general election and at 1 least eleven days before any other election at which you wish 2 to vote. If the information is correct, and you have moved, 3 please contact a local official in your new area for assistance 4 in registering there. If you do not mail in the card, you may 5 be required to show identification to prove residency before 6 being allowed to vote in (name of county) County. If you do not 7 return the card, and you do not vote in some election in (name 8 of county) County, Iowa, on or before (date of second general 9 election following the date of the notice) your name will be 10 removed from the list of voters in that county.” 11 Sec. 6. Section 48A.29, subsection 3, paragraph b, Code 12 2009, is amended to read as follows: 13 b. The notice shall contain a statement in substantially the 14 following form: 15 “Information received by this office indicates that you 16 are no longer a resident of (residence address) in (name of 17 county) County, Iowa. If the information is not correct, and 18 you still live at that address, please complete and mail the 19 attached postage paid card at least ten days before the primary 20 or general election and at least eleven days before any other 21 election at which you wish to vote. If the information is 22 correct, and you have moved within the county, you may update 23 your registration by listing your new address on the card and 24 mailing it back. If you have moved outside the county, please 25 contact a local official in your new area for assistance in 26 registering there. If you do not mail in the card, you may 27 be required to show identification to prove residency before 28 being allowed to vote in (name of county) County. If you do not 29 return the card, and you do not vote in some election in (name 30 of county) County, Iowa, on or before (date of second general 31 election following the date of the notice) your name will be 32 removed from the list of registered voters in that county.” 33 Sec. 7. Section 48A.37, subsection 2, Code Supplement 2009, 34 is amended to read as follows: 35 -3- LSB 5919XS (6) 83 sc/nh 3/ 7
S.F. 2231 2. Electronic records shall include a status code 1 designating whether the records are active, inactive, 2 incomplete, pending, or canceled. Inactive records are records 3 of registered voters to whom notices have been sent pursuant 4 to section 48A.28, subsection 3, and who have not returned 5 the card or otherwise responded to the notice, and those 6 records have been designated inactive pursuant to section 7 48A.29. Inactive records are also records of registered 8 voters to whom notices have been sent pursuant to section 9 48A.26A and who have not responded to the notice. Incomplete 10 records are records missing required information pursuant to 11 section 48A.11, subsection 8. Pending records are records of 12 applicants whose applications have not been verified pursuant 13 to section 48A.25A. Canceled records are records that have 14 been canceled pursuant to section 48A.30. All other records 15 are active records. An inactive record shall be made active 16 when the registered voter requests an absentee ballot, votes 17 at an election, registers again, or reports a change of name, 18 address, telephone number, or political party or organization 19 affiliation. An incomplete record shall be made active when 20 a completed application is received from the applicant and 21 verified pursuant to section 48A.25A. A pending record shall 22 be made active upon verification or upon the voter providing 23 identification pursuant to section 48A.8 . 24 Sec. 8. Section 49.77, subsection 3, Code Supplement 2009, 25 is amended to read as follows: 26 3. a. A precinct election official shall require any person 27 whose name does not appear on the election register as an 28 active voter to show identification. Specific documents which 29 are acceptable forms of identification shall be prescribed by 30 the state commissioner. 31 b. 3. a. A precinct election official may shall require 32 of that the voter unknown to the official, identification in 33 the form prescribed by the state commissioner by rule. produce 34 for inspection one of the following current and valid forms of 35 -4- LSB 5919XS (6) 83 sc/nh 4/ 7
S.F. 2231 identification if such identification contains the person’s 1 photograph and a validity expiration date: 2 (a) An out-of-state driver’s license or nonoperator’s 3 identification card. 4 (b) A United States passport. 5 (c) A United States military identification card. 6 (d) An identification card issued by an employer. 7 (e) A student identification card issued by an Iowa high 8 school or an Iowa postsecondary educational institution. 9 b. If identification is established to the satisfaction of 10 the precinct election officials, the person may then be allowed 11 to vote. 12 Sec. 9. Section 49.77, subsection 4, paragraph a, Code 13 Supplement 2009, is amended to read as follows: 14 a. A precinct election official shall require any person 15 whose name does not appear on the election register as an 16 active voter to show identification to prove residency in 17 the precinct. Specific documents which are acceptable forms 18 of identification under this subsection shall be prescribed 19 by rule by the state commissioner. A person whose name does 20 not appear on the election register of the precinct in which 21 that person claims the right to vote shall not be permitted to 22 vote, unless the person affirms that the person is currently 23 registered in the county and presents proof of identity, or the 24 commissioner informs the precinct election officials that an 25 error has occurred and that the person is a registered voter 26 of that precinct. If the commissioner finds no record of the 27 person’s registration but the person insists that the person 28 is a registered voter of that precinct, the precinct election 29 officials shall allow the person to cast a ballot in the manner 30 prescribed by section 49.81. 31 Sec. 10. Section 49.81, subsection 1, Code 2009, is amended 32 to read as follows: 33 1. A prospective voter who is prohibited under section 34 48A.8, subsection 4 , section 49.77, subsection 4, or section 35 -5- LSB 5919XS (6) 83 sc/nh 5/ 7
S.F. 2231 49.80 from voting except under this section shall be notified 1 by the appropriate precinct election official that the 2 voter may cast a provisional ballot. If a booth meeting the 3 requirement of section 49.25 is not available at that polling 4 place, the precinct election officials shall make alternative 5 arrangements to insure the voter the opportunity to vote in 6 secret. The voter shall mark the ballot, fold it or insert 7 it in a secrecy envelope as required by section 49.84, and 8 immediately seal it in an envelope of the type prescribed by 9 subsection 4. The voter shall deliver the sealed envelope to a 10 precinct election official who shall deposit it in an envelope 11 marked “provisional ballots”. The ballot shall be considered 12 as having been cast in the special precinct established by 13 section 53.20 for purposes of the postelection canvass. 14 Sec. 11. Section 53.38, Code 2009, is amended to read as 15 follows: 16 53.38 What constitutes registration. 17 Whenever a ballot is requested pursuant to section 53.39 or 18 53.45 on behalf of a voter in the armed forces of the United 19 States, the affidavit upon the affidavit envelope of such 20 voter, if the voter is found to be an eligible elector of the 21 county to which the ballot is submitted, shall constitute 22 a sufficient registration under chapter 48A. A completed 23 federal postcard registration and federal absentee ballot 24 request form submitted by such eligible elector shall also 25 constitute a sufficient registration under chapter 48A. The 26 commissioner shall place the voter’s name on the registration 27 record as a registered voter if it does not already appear 28 there. The identification requirements of section 48A.8 and 29 the verification requirements of section 48A.25A do not apply 30 to persons who register to vote under this division. 31 EXPLANATION 32 This bill requires that all voters show current and valid 33 identification before being allowed to vote at the polls. 34 Correspondingly, the bill strikes the requirement that certain 35 -6- LSB 5919XS (6) 83 sc/nh 6/ 7
S.F. 2231 persons who register by mail and who have not previously voted 1 in a federal election in the county of registration must show 2 identification when voting for the first time in the county at 3 an election with federal offices on the ballot. 4 The bill further provides that the current and valid 5 identification is the same forms of identification required 6 for election day and in-person absentee registrants if such 7 identification contains a photograph of the voter and the 8 validity expiration date of the identification. 9 The bill also specifies that the requirement in current 10 law that a voter show identification if the voter’s name does 11 not appear on the election register or if the voter did not 12 respond to a confirmation card sent by the county commissioner 13 of elections is required in order to establish residency in the 14 precinct. Current law provides that the secretary of state 15 shall provide, by rule, the acceptable forms of identification 16 in these circumstances. 17 -7- LSB 5919XS (6) 83 sc/nh 7/ 7