HOUSE FILE 95

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO HF 8)

A BILL FOR

An Act establishing a requirement for voters to provide certain identification when voting in person and including effective date and applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 48A.7A, subsection 1, paragraph a, Code 2011, is amended to read as follows:
   a.  A person who is eligible to register to vote and to vote may register on election day by appearing in person at the polling place for the precinct in which the individual resides and completing a voter registration application, making written oath, and providing proof of identity and residence proof of residence pursuant to paragraph “b”.
   Sec. 2.  Section 48A.7A, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.
  (1)  For purposes of this section, a person may establish identity and residence by presenting to the appropriate precinct election official a current and valid Iowa driver’s license or Iowa nonoperator’s identification card or by presenting any of the following current and valid forms of identification if such identification contains the person’s photograph and a validity expiration date: by showing proof of identification as required in section 49.77, subsection 3.
   (a)  An out-of-state driver’s license or nonoperator’s identification card.
   (b)  A United States passport.
   (c)  A United States military identification card.
   (d)  An identification card issued by an employer.
   (e)  A student identification card issued by an Iowa high school or an Iowa postsecondary educational institution.
   (2)  If the photographic identification presented does not contain the person’s current address in the precinct, For purposes of this section, a person may establish residence using proof of identification presented pursuant to section 49.77, subsection 3, if the proof of identification contains the person’s current address in the precinct. If the proof of identification does not contain the person’s current address in the precinct, the person shall also present one of the following documents that shows the person’s name and current address in the precinct:
   (a)  Residential lease.
   (b)  Property tax statement.
   (c)  Utility bill.
   (d)  Bank statement.
   (e)  Paycheck.
   (f)  Government check.
   (g)  Other government document.
   Sec. 3.  Section 48A.7A, subsection 1, paragraph c, Code 2011, is amended by striking the paragraph.
   Sec. 4.  Section 48A.7A, subsections 2 and 3, Code 2011, are amended to read as follows:
   2.  The oath required in subsection 1, paragraph “a”,and in paragraph “c”, if applicable, shall be attached to the voter registration application.
   3.  At any time before election day, and after the deadline for registration in section 48A.9, a person who appears in person at the commissioner’s office or at a satellite absentee voting station or whose ballot is delivered to a health care facility pursuant to section 53.22 may register to vote and vote an absentee ballot by following the procedure in this section for registering to vote on election day. A person who wishes to vote in person at the polling place on election day and who has not registered to vote before the deadline for registering in section 48A.9, is required to register to vote at the polling place on election day following the procedure in this section. However, the person may complete the voter registration application at the commissioner’s office and, after the commissioner has reviewed the completed application, may present the application to the appropriate precinct election official along with proof of identity and residency identification and proof of residence.
   Sec. 5.  Section 48A.7A, subsection 4, paragraph b, Code 2011, is amended by striking the paragraph.
   Sec. 6.  Section 48A.8, subsection 2, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   An eligible elector who registers by mail and who has not previously voted in an election for federal office in the county of registration shall be required to provide additional identification documents when voting for the first time in the county, unless the registrant provided on the registration form the registrant’s Iowa driver’s license number, or the registrant’s Iowa nonoperator’s identification card number, or the last four numerals of the registrant’s social security number and the driver’s license, nonoperator’s identification, or partial social security number matches an existing state or federal identification record with the same number, name, and date of birth. If the registrant is required to show additional identification under this subsection and votes in person at the polls, or by absentee ballot at the commissioner’s office or at a satellite voting station, the registrant shall provide a current and valid photo identification card, or shall present to the appropriate election official one of the following current documents that shows the name and address of the registrant:
   Sec. 7.  Section 48A.8, subsection 4, Code 2011, is amended to read as follows:
   4.  A registrant under subsection 2 who is required to present additional identification when casting a ballot in person shall be permitted to vote a provisional ballot if the voter does not provide the required additional identification documents pursuant to subsection 2. If a voter who is required to present such additional identification when casting a ballot votes an absentee ballot by mail, the ballot returned by the voter shall be considered a provisional ballot pursuant to sections 49.81 and 53.31.
   Sec. 8.  Section 48A.27, subsection 4, paragraph c, subparagraph (2), Code 2011, is amended to read as follows:
   (2)  The notice shall contain a statement in substantially the following form:
  Information received from the United States postal service indicates that you are no longer a resident of, and therefore not eligible to vote in (name of county) County, Iowa. If this information is not correct, and you still live in (name of county) County, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct and you have moved, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in an election in (name of county) County, Iowa, on or before (date of second general election following the date of the notice) your name will be removed from the list of voters in that county.
   Sec. 9.  Section 48A.29, subsection 1, paragraph b, Code 2011, is amended to read as follows:
   b.  The notice shall contain a statement in substantially the following form:
  Information received from the United States postal service indicates that you are no longer a resident of (residence address) in (name of county) County, Iowa. If this information is not correct, and you still live in (name of county) County, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct, and you have moved, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in some election in (name of county) County, Iowa, on or before (date of second general election following the date of the notice) your name will be removed from the list of voters in that county.
   Sec. 10.  Section 48A.29, subsection 3, paragraph b, Code 2011, is amended to read as follows:
   b.  The notice shall contain a statement in substantially the following form:
  Information received by this office indicates that you are no longer a resident of (residence address) in (name of county) County, Iowa. If the information is not correct, and you still live at that address, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct, and you have moved within the county, you may update your registration by listing your new address on the card and mailing it back. If you have moved outside the county, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in some election in (name of county) County, Iowa, on or before (date of second general election following the date of the notice) your name will be removed from the list of registered voters in that county.
   Sec. 11.  Section 49.77, subsection 3, Code 2011, is amended by striking the subsection and inserting in lieu thereof the following:
   3.
  a.  A precinct election official shall require the voter to produce for inspection proof of identification before being allowed to sign the voter roster or declaration of eligibility.
   b.  For purposes of this section,“proof of identification”refers to a document that satisfies all of the following:
   (1)  The document shows the name of the individual to whom the document was issued which shall conform to the name on the election register.
   (2)  The document shows a photograph of the individual to whom it was issued.
   (3)  If the document contains an expiration date, the document shall not have expired more than sixty days before the document is presented as proof of identification.
   (4)  The document was issued by the government of the United States or the state of Iowa, including documents issued by an institution governed by the state board of regents.
   c.  If a voter is unable or refuses to present proof of identification or the precinct election official determines the proof of identification provided by the voter does not qualify as proof of identification under paragraph “b”, the precinct election official shall challenge the voter as provided in section 49.79. If the voter is challenged under this paragraph “c”, the voter shall be offered the option to vote a ballot, but only in accordance with section 49.81.
   Sec. 12.  Section 49.77, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  If proof of identification is established under subsection 3 to the satisfaction of the precinct election officials, the person may then be allowed to vote.
   Sec. 13.  Section 49.77, subsection 4, paragraphs a and b, Code 2011, are amended to read as follows:
   a.  A person whose name does not appear on the election register of the precinct in which that person claims the right to vote shall not be permitted to vote, unless the person affirms that the person is currently registered in the county and presents proof of identity, or the commissioner informs the precinct election officials that an error has occurred and that the person is a registered voter of that precinct identification pursuant to subsection 3. If the commissioner finds no record of the person’s registration but the person insists that the person is a registered voter of that precinct, the precinct election officials shall allow the person to cast a ballot in the manner prescribed by section 49.81.
   b.  If the voter informs the precinct election official that the voter resides in the precinct and is not registered to vote, the voter may register to vote pursuant to section 48A.7A and cast a ballot. If such a voter is unable to establish identity and residency in the manner provided in section 48A.7A, subsection 1, paragraph“b”or “c”, the voter shall be allowed to cast a ballot in the manner prescribed by section 49.81.
   Sec. 14.  Section 49.79, subsection 2, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  h.  The challenged person was unable or refused to provide proof of identification, or provided insufficient proof of identification, pursuant to section 49.77, subsection 3.
   Sec. 15.  Section 49.81, subsection 1, Code 2011, is amended to read as follows:
   1.  A prospective voter who is prohibited under section 48A.8, subsection 4, section 49.77, subsection 3 or 4, section 49.80, or section 53.19, subsection 3, from voting except under this section shall be notified by the appropriate precinct election official that the voter may cast a provisional ballot. The voter shall mark the ballot and immediately seal it in an envelope of the type prescribed by subsection 4. The voter shall deliver the sealed envelope to a precinct election official who shall deposit it in an envelope marked “provisional ballots”. The ballot shall be considered as having been cast in the special precinct established by section 53.20 for purposes of the postelection canvass.
   Sec. 16.  Section 49.81, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  If the person is casting a provisional ballot because the person failed was unable or refused to provide a required form of identification under section 48A.7A, subsection 1, section 48A.8, subsection 4, or section 49.77, subsection 3, a list of the types of acceptable identification and notification that the person must show identification before the ballot can be counted.  If a voter is unable or refuses to show proof of identification required under section 49.77, subsection 3, the notification shall also inform the voter of the right to execute an affidavit pursuant to subsection 5.
   Sec. 17.  Section 49.81, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  5.
  a.  If a voter casts a provisional ballot pursuant to section 49.77, subsection 3, the precinct election official shall indicate on the provisional ballot envelope that the voter was challenged for the voter’s inability or refusal to provide proof of identification.
   b.  No later than noon on the Monday following the election, a voter challenged pursuant to section 49.77, subsection 3, paragraph “c”, shall appear at the commissioner’s office and execute an affidavit in the form prescribed by the state commissioner, affirming that the voter is the same individual who personally appeared before the precinct election board and cast the provisional ballot on election day. The voter must also present proof of identification required by section 49.77, subsection 3, or further affirm either of the following:
   (1)  The voter is indigent and unable to obtain proof of identification without the payment of a fee.
   (2)  The voter has a religious objection to being photographed.
   c.  If the board determines that the voter has been challenged solely for the inability or refusal of the voter to provide proof of identification and the voter presents proof of identification or executes the affidavit, as provided in paragraph “b”, the board shall find that the provisional ballot is valid and direct that it be counted.
   Sec. 18.  Section 53.10, subsection 2, Code 2011, is amended to read as follows:
   2.  Each person who wishes to vote by absentee ballot at the commissioner’s office shall first sign an application for a ballot including the following information:  name, current address, and the election for which the ballot is requested. The person may report a change of address or other information on the person’s voter registration record at that time. The person must also provide proof of identification pursuant to section 49.77, subsection 3, before receiving an absentee ballot. Upon receipt of a ballot, the registered voter shall immediately mark the ballot; enclose the ballot in a secrecy envelope, if necessary, and seal it in an affidavit envelope; subscribe to the affidavit on the reverse side of the envelope; and return the absentee ballot to the commissioner. The commissioner shall record the numbers appearing on the application and affidavit envelope along with the name of the registered voter.
   Sec. 19.  Section 53.22, subsection 1, Code 2011, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  Before receiving a ballot under this subsection, each applicant shall present proof of identification pursuant to section 49.77, subsection 3, to the special precinct election board members. If an applicant is unable to present proof of identification, the voter’s ballot shall be considered a provisional ballot cast pursuant to section 49.81, and the special precinct election board members shall give the voter an opportunity to execute an affidavit in a form prescribed by the state commissioner affirming either of the reasons listed in section 49.81, subsection 5, paragraph “b”, or that the voter is confined to the health care facility or hospital and therefore unable to obtain proof of identification.
   Sec. 20.  Section 144.46, Code 2011, is amended by adding the following new subsection:
   NEW SUBSECTION.  3.  The fees adopted by the department pursuant to subsection 1 shall not be assessed to applicants who execute an affidavit indicating the applicant is obtaining a certified copy of a birth certificate for the purpose of obtaining an Iowa nonoperator’s identification card to be used for voting.
   Sec. 21.  Section 321.190, subsection 1, paragraph d, Code 2011, is amended to read as follows:
   d.  The fee for a nonoperator’s identification card shall be five dollars and the card shall be valid for a period of five years from the date of issuance. A nonoperator’s identification card shall be issued without expiration to anyone age seventy or over. If an applicant for a nonoperator’s identification card is a foreign national who is temporarily present in this state, the nonoperator’s identification card shall be issued only for the length of time the foreign national is authorized to be present as determined by the department, not to exceed two years. An issuance fee shall not be charged for a person whose driver’s license or driving privilege has been suspended under section 321.210, subsection 1, paragraph “a”, subparagraph (3), or for a person obtaining an identification card to be used under section 49.77, subsection 3, for voting purposes.
   Sec. 22.  EFFECTIVE DATE AND APPLICABILITY.  This Act takes effect January 1, 2012, and applies to elections held on or after that date.
EXPLANATION
   This bill requires that all voters show proof of identification, as defined in the bill, before being allowed to vote at the polls or to vote an absentee ballot in person at the commissioner’s office or at a satellite absentee voting station.
   The bill allows a voter to cast a provisional ballot in certain circumstances where the voter is unable to provide or refuses to provide the required proof of identification. If a voter casts a provisional ballot for this reason, the voter has until the Monday following the election to appear at the commissioner’s office to present proof of identification or to execute an affidavit.
   The bill amends Code section 48A.7A, relating to election day and in-person absentee voter registration, to require that the forms of identification necessary to register in this manner are the same forms of proof of identification necessary to vote. The bill retains the current requirement that if the proof of identification offered for election day and in-person absentee registration does not contain a current address, the registrant must provide proof of residency.
   Code section 48A.7A is also amended to strike the provision allowing another registered voter to sign an oath affirming a registrant’s identity and residency.
   The bill makes corresponding amendments regarding identification requirements for certain persons who register to vote by mail and for registered voters who do not respond to a confirmation card sent by the county commissioner of elections.
   The bill amends Code section 144.46, relating to obtaining a certified copy of a birth certificate, to provide that the fee for the document shall not be charged to a person who executes an affidavit indicating the applicant is obtaining the birth certificate in order to obtain an Iowa nonoperator’s identification card for the purposes of voting. The bill also amends Code section 321.190 to provide that a person obtaining an Iowa nonoperator’s identification card for the purposes of voting is not required to pay an issuance fee for the card.
   The bill takes effect January 1, 2012, and applies to elections held on or after that date.