House File 8 - Introduced HOUSE FILE 8 BY COWNIE , ALONS , ANDERSON , BALTIMORE , BRANDENBURG , CHAMBERS , DE BOEF , DEYOE , DOLECHECK , FORRISTALL , FRY , GARRETT , HAGENOW , HELLAND , HUSEMAN , JORGENSEN , LOFGREN , L. MILLER , S. OLSON , PAUSTIAN , PEARSON , PETTENGILL , RAECKER , RASMUSSEN , ROGERS , SANDS , SCHULTE , IVERSON , J. SMITH , SWEENEY , J. TAYLOR , TJEPKES , UPMEYER , VANDER LINDEN , WATTS , WINDSCHITL , WORTHAN , GRASSLEY , SODERBERG , HAGER , HEATON , MOORE , LUKAN , KLEIN , HANUSA , BYRNES , KOESTER , WAGNER , and DRAKE 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 1214YH (13) 84 sc/nh
H.F. 8 Section 1. Section 48A.7A, subsection 1, paragraph a, Code 1 2011, is amended to read as follows: 2 a. A person who is eligible to register to vote and to 3 vote may register on election day by appearing in person at 4 the polling place for the precinct in which the individual 5 resides and completing a voter registration application, making 6 written oath, and providing proof of identity and residence 7 identification pursuant to section 49.77, subsection 3 . 8 Sec. 2. Section 48A.7A, subsection 1, paragraphs b and c, 9 Code 2011, are amended by striking the paragraphs. 10 Sec. 3. Section 48A.7A, subsections 2 and 3, Code 2011, are 11 amended to read as follows: 12 2. The oath required in subsection 1 , paragraph “a” , and in 13 paragraph “c” , if applicable, shall be attached to the voter 14 registration application. 15 3. At any time before election day, and after the deadline 16 for registration in section 48A.9 , a person who appears in 17 person at the commissioner’s office or at a satellite absentee 18 voting station or whose ballot is delivered to a health care 19 facility pursuant to section 53.22 may register to vote and 20 vote an absentee ballot by following the procedure in this 21 section for registering to vote on election day. A person who 22 wishes to vote in person at the polling place on election day 23 and who has not registered to vote before the deadline for 24 registering in section 48A.9 , is required to register to vote 25 at the polling place on election day following the procedure 26 in this section . However, the person may complete the voter 27 registration application at the commissioner’s office and, 28 after the commissioner has reviewed the completed application, 29 may present the application to the appropriate precinct 30 election official along with proof of identity and residency 31 identification . 32 Sec. 4. Section 48A.7A, subsection 4, paragraph b, Code 33 2011, is amended by striking the paragraph. 34 Sec. 5. Section 48A.8, Code 2011, is amended by striking the 35 -1- LSB 1214YH (13) 84 sc/nh 1/ 9
H.F. 8 section and inserting in lieu thereof the following: 1 48A.8 Registration by mail. 2 An eligible elector may register to vote by completing a 3 mail registration form. The completed form may be mailed or 4 delivered by the registrant or the registrant’s designee to 5 the commissioner in the county where the person resides. A 6 separate registration form shall be signed by each individual 7 registrant. 8 Sec. 6. Section 48A.25A, subsection 1, paragraph a, Code 9 2011, is amended to read as follows: 10 a. Upon receipt of an application for voter registration, 11 the commissioner of registration shall compare the Iowa 12 driver’s license number, the Iowa nonoperator’s identification 13 card number, or the last four numerals of the social security 14 number provided by the registrant with the records of the 15 state department of transportation. To be verified, the 16 voter registration record shall contain the same name, 17 date of birth, and Iowa driver’s license number or Iowa 18 nonoperator’s identification card number or whole or partial 19 social security number as the records of the state department 20 of transportation. If the information cannot be verified, the 21 application shall be recorded and the status of the voter’s 22 record shall be designated as pending status. The commissioner 23 of registration shall notify the applicant that the applicant 24 is required to present identification described in section 25 48A.8, subsection 2 , before voting for the first time in the 26 county. If the information can be verified, a record shall be 27 made of the verification and the status of the voter’s record 28 shall be designated as active status. 29 Sec. 7. Section 48A.26, Code 2011, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 10. An acknowledgment mailed pursuant 32 to subsection 2 or 4 shall include a statement informing the 33 registered voter that the voter is required to show proof of 34 identification as provided in section 49.77 before the person 35 -2- LSB 1214YH (13) 84 sc/nh 2/ 9
H.F. 8 will be allowed to vote. 1 Sec. 8. Section 48A.27, subsection 4, paragraph c, 2 subparagraph (2), Code 2011, is amended to read as follows: 3 (2) The notice shall contain a statement in substantially 4 the following form: 5 Information received from the United States postal service 6 indicates that you are no longer a resident of, and therefore 7 not eligible to vote in (name of county) County, Iowa. If this 8 information is not correct, and you still live in (name of 9 county) County, please complete and mail the attached postage 10 paid card at least ten days before the primary or general 11 election and at least eleven days before any other election at 12 which you wish to vote. If the information is correct and you 13 have moved, please contact a local official in your new area 14 for assistance in registering there. If you do not mail in 15 the card, you may be required to show identification before 16 being allowed to vote in (name of county) County. If you do not 17 return the card, and you do not vote in an election in (name 18 of county) County, Iowa, on or before (date of second general 19 election following the date of the notice) your name will be 20 removed from the list of voters in that county. 21 Sec. 9. Section 48A.29, subsection 1, paragraph b, Code 22 2011, is amended to read as follows: 23 b. The notice shall contain a statement in substantially the 24 following form: 25 Information received from the United States postal service 26 indicates that you are no longer a resident of (residence 27 address) in (name of county) County, Iowa. If this information 28 is not correct, and you still live in (name of county) County, 29 please complete and mail the attached postage paid card at 30 least ten days before the primary or general election and at 31 least eleven days before any other election at which you wish 32 to vote. If the information is correct, and you have moved, 33 please contact a local official in your new area for assistance 34 in registering there. If you do not mail in the card, you may 35 -3- LSB 1214YH (13) 84 sc/nh 3/ 9
H.F. 8 be required to show identification before being allowed to vote 1 in (name of county) County. If you do not return the card, and 2 you do not vote in some election in (name of county) County, 3 Iowa, on or before (date of second general election following 4 the date of the notice) your name will be removed from the list 5 of voters in that county. 6 Sec. 10. Section 48A.29, subsection 3, paragraph b, Code 7 2011, is amended to read as follows: 8 b. The notice shall contain a statement in substantially the 9 following form: 10 Information received by this office indicates that you are no 11 longer a resident of (residence address) in (name of county) 12 County, Iowa. If the information is not correct, and you still 13 live at that address, please complete and mail the attached 14 postage paid card at least ten days before the primary or 15 general election and at least eleven days before any other 16 election at which you wish to vote. If the information is 17 correct, and you have moved within the county, you may update 18 your registration by listing your new address on the card and 19 mailing it back. If you have moved outside the county, please 20 contact a local official in your new area for assistance in 21 registering there. If you do not mail in the card, you may be 22 required to show identification before being allowed to vote in 23 (name of county) County. If you do not return the card, and you 24 do not vote in some election in (name of county) County, Iowa, 25 on or before (date of second general election following the 26 date of the notice) your name will be removed from the list of 27 registered voters in that county. 28 Sec. 11. Section 48A.37, subsection 2, Code 2011, is amended 29 to read as follows: 30 2. Electronic records shall include a status code 31 designating whether the records are active, inactive, 32 incomplete, pending, or canceled. Inactive records are records 33 of registered voters to whom notices have been sent pursuant 34 to section 48A.28, subsection 3 , and who have not returned 35 -4- LSB 1214YH (13) 84 sc/nh 4/ 9
H.F. 8 the card or otherwise responded to the notice, and those 1 records have been designated inactive pursuant to section 2 48A.29 . Inactive records are also records of registered 3 voters to whom notices have been sent pursuant to section 4 48A.26A and who have not responded to the notice. Incomplete 5 records are records missing required information pursuant to 6 section 48A.11, subsection 8 . Pending records are records of 7 applicants whose applications have not been verified pursuant 8 to section 48A.25A . Canceled records are records that have 9 been canceled pursuant to section 48A.30 . All other records 10 are active records. An inactive record shall be made active 11 when the registered voter requests an absentee ballot, votes 12 at an election, registers again, or reports a change of name, 13 address, telephone number, or political party or organization 14 affiliation. An incomplete record shall be made active when 15 a completed application is received from the applicant and 16 verified pursuant to section 48A.25A . A pending record shall 17 be made active upon verification or upon the voter providing 18 identification pursuant to section 48A.8 . 19 Sec. 12. Section 49.77, subsection 3, Code 2011, is amended 20 by striking the subsection and inserting in lieu thereof the 21 following: 22 3. a. A precinct election official shall require the voter 23 to produce for inspection proof of identification before being 24 allowed to vote. 25 b. For purposes of this section, “proof of identification” 26 refers to a document that satisfies all of the following: 27 (1) The document shows the name of the individual to whom 28 the document was issued which shall conform to the name on the 29 election register. 30 (2) The document shows a photograph of the individual to 31 whom it was issued. 32 (3) The document contains an expiration date that has 33 not passed as of the date of the election for which proof of 34 identification is required. 35 -5- LSB 1214YH (13) 84 sc/nh 5/ 9
H.F. 8 (4) The document was issued by the government of the United 1 States or the state of Iowa. 2 c. If a voter is unable or refuses to present proof of 3 identification or the precinct election official determines 4 the proof of identification provided by the voter does not 5 qualify as proof of identification under paragraph “b” , 6 the precinct election official shall challenge the voter as 7 provided in section 49.80. If the voter is challenged under 8 this paragraph, the voter shall be offered the option to vote a 9 ballot, but only in accordance with section 49.81. 10 Sec. 13. Section 49.77, Code 2011, is amended by adding the 11 following new subsection: 12 NEW SUBSECTION . 3A. If proof of identification is 13 established under subsection 3 to the satisfaction of the 14 precinct election officials, the person may then be allowed to 15 vote. 16 Sec. 14. Section 49.77, subsection 4, paragraphs a and b, 17 Code 2011, are amended to read as follows: 18 a. A person whose name does not appear on the election 19 register of the precinct in which that person claims the right 20 to vote shall not be permitted to vote, unless the person 21 affirms that the person is currently registered in the county 22 and presents proof of identity identification pursuant to 23 subsection 3 , or the commissioner informs the precinct election 24 officials that an error has occurred and that the person is a 25 registered voter of that precinct. If the commissioner finds 26 no record of the person’s registration but the person insists 27 that the person is a registered voter of that precinct, the 28 precinct election officials shall allow the person to cast a 29 ballot in the manner prescribed by section 49.81 . 30 b. If the voter informs the precinct election official that 31 the voter resides in the precinct and is not registered to 32 vote, the voter may register to vote pursuant to section 48A.7A 33 and cast a ballot. If such a voter is unable to establish 34 identity and residency in the manner provided in section 35 -6- LSB 1214YH (13) 84 sc/nh 6/ 9
H.F. 8 48A.7A, subsection 1 , paragraph “b” or “c” , the voter shall be 1 allowed to cast a ballot in the manner prescribed by section 2 49.81 . 3 Sec. 15. Section 49.79, subsection 2, Code 2011, is amended 4 by adding the following new paragraph: 5 NEW PARAGRAPH . h. The challenged person was unable or 6 refused to provide proof of identification, or provided 7 insufficient proof of identification, pursuant to section 8 49.77, subsection 3. 9 Sec. 16. Section 49.81, subsection 1, Code 2011, is amended 10 to read as follows: 11 1. A prospective voter who is prohibited under section 12 48A.8, subsection 4 , section 49.77, subsection 3 or 4 , section 13 49.80 , or section 53.19, subsection 3 , from voting except under 14 this section shall be notified by the appropriate precinct 15 election official that the voter may cast a provisional 16 ballot. The voter shall mark the ballot and immediately 17 seal it in an envelope of the type prescribed by subsection 18 4 . The voter shall deliver the sealed envelope to a precinct 19 election official who shall deposit it in an envelope marked 20 “provisional ballots”. The ballot shall be considered as 21 having been cast in the special precinct established by section 22 53.20 for purposes of the postelection canvass. 23 Sec. 17. Section 49.81, subsection 2, paragraph b, Code 24 2011, is amended to read as follows: 25 b. If the person is casting a provisional ballot because the 26 person failed was unable or refused to provide a required form 27 proof of identification under section 49.77, subsection 3 , a 28 list of the types of acceptable identification and notification 29 that the person must show identification or execute an 30 affidavit pursuant to subsection 5 before the ballot can be 31 counted. 32 Sec. 18. Section 49.81, Code 2011, is amended by adding the 33 following new subsection: 34 NEW SUBSECTION . 5. a. If a voter casts a provisional 35 -7- LSB 1214YH (13) 84 sc/nh 7/ 9
H.F. 8 ballot pursuant to section 49.77, subsection 3, the precinct 1 election official shall indicate on the provisional ballot 2 envelope that the voter was challenged for the voter’s 3 inability or refusal to provide proof of identification. 4 b. No later than the Monday following the election, a voter 5 challenged pursuant to section 49.77, subsection 3, paragraph 6 “c” , shall appear before the absentee ballot and special voters 7 precinct election board and execute an affidavit in the form 8 prescribed by the state commissioner, affirming that the voter 9 is the same individual who personally appeared before the 10 precinct election board and cast the provisional ballot on 11 election day and further affirming either of the following: 12 (1) The voter is indigent and unable to obtain proof of 13 identification without the payment of a fee. 14 (2) The voter has a religious objection to being 15 photographed. 16 c. If the board determines that the voter has been 17 challenged solely for the inability or refusal of the voter to 18 provide proof of identification, the board shall find that the 19 provisional ballot is valid and direct that it be counted. 20 Sec. 19. Section 53.38, Code 2011, is amended to read as 21 follows: 22 53.38 What constitutes registration. 23 Whenever a ballot is requested pursuant to section 53.39 or 24 53.45 on behalf of a voter in the armed forces of the United 25 States, the affidavit upon the affidavit envelope of such 26 voter, if the voter is found to be an eligible elector of the 27 county to which the ballot is submitted, shall constitute 28 a sufficient registration under chapter 48A . A completed 29 federal postcard registration and federal absentee ballot 30 request form submitted by such eligible elector shall also 31 constitute a sufficient registration under chapter 48A . The 32 commissioner shall place the voter’s name on the registration 33 record as a registered voter if it does not already appear 34 there. The identification requirements of section 48A.8 and 35 -8- LSB 1214YH (13) 84 sc/nh 8/ 9
H.F. 8 the verification requirements of section 48A.25A do not apply 1 to persons who register to vote under this division . 2 EXPLANATION 3 This bill requires that all voters show proof of 4 identification, as defined in the bill, before being allowed to 5 vote at the polls. 6 The bill allows a voter to cast a provisional ballot in 7 certain circumstances where the voter is unable to provide or 8 refuses to provide the required proof of identification. If 9 a voter casts a provisional ballot for this reason, the voter 10 has until the Monday following the election to appear before 11 the absentee ballot and special voters precinct election board 12 to execute an affidavit. 13 The bill amends Code section 48A.7A, relating to election 14 day and in-person absentee voter registration, to require that 15 the forms of identification necessary to register in this 16 manner are the same forms of proof of identification necessary 17 to vote. The Code section is also amended to strike the 18 provision allowing another registered voter to sign an oath 19 affirming a registrant’s identity and residency. 20 The bill makes corresponding amendments regarding 21 identification requirements for certain persons who register to 22 vote by mail and for registered voters who do not respond to a 23 confirmation card sent by the county commissioner of elections. 24 -9- LSB 1214YH (13) 84 sc/nh 9/ 9