House Study Bill 582 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to proof of identification and proof of 1 residence in order to register to vote or to vote, creating 2 a criminal offense for falsely swearing certain oaths, 3 providing penalties, and including applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 5281XD (9) 84 aw/sc
S.F. _____ H.F. _____ DIVISION I 1 VOTER IDENTIFICATION REQUIREMENTS 2 Section 1. Section 39A.2, subsection 1, paragraph b, Code 3 2011, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (6) Falsely swears to an oath required 5 pursuant to section 49.77, subsection 3. 6 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 7 2011, is amended to read as follows: 8 a. A person who is eligible to register to vote and to vote 9 may register on election day by appearing in person at the 10 polling place for the precinct in which the individual resides 11 and completing a voter registration application, making written 12 oath, and providing proof of identity and residence proof of 13 residence pursuant to paragraph “b” . 14 Sec. 3. Section 48A.7A, subsection 1, paragraph b, Code 15 2011, is amended by striking the paragraph and inserting in 16 lieu thereof the following: 17 b. (1) For purposes of this section, a person may establish 18 identity by showing proof of identification as required in 19 section 49.77, subsection 3. 20 (2) For purposes of this section, a person may establish 21 residence using a proof of identification document presented 22 pursuant to section 49.77, subsection 3, if the proof of 23 identification contains the person’s current address in the 24 precinct. If the proof of identification does not contain the 25 person’s current address in the precinct, the person shall also 26 present one of the following documents that shows the person’s 27 name and current address in the precinct: 28 (a) Utility bill. 29 (b) Bank statement. 30 (c) Paycheck. 31 (d) Government check. 32 (e) Other government document. 33 Sec. 4. Section 48A.7A, subsections 2 and 3, Code 2011, are 34 amended to read as follows: 35 -1- LSB 5281XD (9) 84 aw/sc 1/ 15
S.F. _____ H.F. _____ 2. The oath required in subsection 1 , paragraph “a” , and 1 in paragraph “c” , if applicable, shall be executed on the 2 same piece of paper and attached to the voter registration 3 application. 4 3. At any time before election day, and after the deadline 5 for registration in section 48A.9 , a person who appears in 6 person at the commissioner’s office or at a satellite absentee 7 voting station or whose ballot is delivered to a health care 8 facility pursuant to section 53.22 may register to vote and 9 vote an absentee ballot by following the procedure in this 10 section for registering to vote on election day. A person who 11 wishes to vote in person at the polling place on election day 12 and who has not registered to vote before the deadline for 13 registering in section 48A.9 , is required to register to vote 14 at the polling place on election day following the procedure 15 in this section . However, the person may complete the voter 16 registration application at the commissioner’s office and, 17 after the commissioner has reviewed the completed application, 18 may present the application to the appropriate precinct 19 election official along with proof of identity and residency 20 identification and proof of residence . 21 Sec. 5. Section 49.53, subsection 1, Code 2011, is amended 22 to read as follows: 23 1. The commissioner shall not less than four nor more than 24 twenty days before the day of each election, except those for 25 which different publication requirements are prescribed by law, 26 publish notice of the election. The notice shall contain a 27 facsimile of the portion of the ballot containing the first 28 rotation as prescribed by section 49.31, subsection 2 , and 29 shall show the names of all candidates or nominees and the 30 office each seeks, and all public questions, to be voted upon 31 at the election. The sample ballot published as a part of the 32 notice may at the discretion of the commissioner be reduced in 33 size relative to the actual ballot but such reduction shall not 34 cause upper case letters appearing in candidates’ names or in 35 -2- LSB 5281XD (9) 84 aw/sc 2/ 15
S.F. _____ H.F. _____ summaries of public measures on the published sample ballot to 1 be less than nine point type. The notice shall also state the 2 date of the election, the hours the polls will be open, that 3 all voters will be required to show proof of identification 4 before casting a ballot, the location of each polling place at 5 which voting is to occur in the election, and the names of the 6 precincts voting at each polling place, but the statement need 7 not set forth any fact which is apparent from the portion of 8 the ballot appearing as a part of the same notice. The notice 9 shall include the full text of all public measures to be voted 10 upon at the election. 11 Sec. 6. Section 49.77, subsection 3, Code 2011, is amended 12 by striking the subsection and inserting in lieu thereof the 13 following: 14 3. a. A precinct election official shall require the voter 15 to present for inspection proof of identification before being 16 allowed to vote. 17 b. For purposes of this section, “proof of identification” 18 refers to a document that satisfies all of the following: 19 (1) The document shows the name of the individual to whom 20 the document was issued which shall conform to the name on the 21 election register. 22 (2) The document shows a photograph of the individual to 23 whom it was issued. 24 (3) The document contains an expiration date that has 25 not been expired more than one year before the document is 26 presented as proof of identification. This expiration date 27 requirement shall not apply to voters casting ballots under 28 section 53.22. 29 (4) The document was issued by the government of the 30 United States, the state of Iowa, an Iowa public or private 31 university or college, an Iowa secondary school, or a political 32 subdivision of the state of Iowa. In the case of a document 33 issued by a political subdivision, the document shall be 34 issued not later than the close of voter registration for 35 -3- LSB 5281XD (9) 84 aw/sc 3/ 15
S.F. _____ H.F. _____ the applicable election as set forth in section 48A.9 and 1 shall meet all other requirements established by the state 2 commissioner by rule. 3 c. In lieu of paragraph “b” , a person wishing to vote may 4 establish proof of identity by written oath of an attesting 5 person who provides proof of identification pursuant to 6 paragraph “b” . The attesting person’s oath shall be in the 7 form prescribed by the state commissioner of elections and 8 shall attest to the stated identity of the person wishing to 9 vote. The oath shall advise the attesting person and the 10 person wishing to vote that falsely attesting to a voter’s 11 identity is a class “D” felony. The oath must be signed by the 12 attesting person and the person wishing to vote in the presence 13 of the appropriate precinct election official. A person who 14 has signed an oath attesting to a person’s identity as provided 15 in this paragraph is prohibited from signing any further oaths 16 as provided in this paragraph for the same election. 17 d. The commissioner shall, within forty-five days after 18 each election, review all attestations received under this 19 subsection and if any individual is found to have attested for 20 more than one voter in a particular election, the commissioner 21 shall immediately notify the state commissioner and the county 22 attorney. 23 Sec. 7. Section 49.77, Code 2011, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 3A. a. If a person is unable or refuses 26 to present proof of identification, or the precinct election 27 official determines the proof of identification presented by 28 the person does not qualify as proof of identification under 29 subsection 3, paragraph “b” , the person shall be allowed to 30 vote. 31 b. This subsection is repealed December 31, 2013. 32 Sec. 8. Section 49.77, subsection 4, paragraph a, Code 2011, 33 is amended to read as follows: 34 a. A person whose name does not appear on the election 35 -4- LSB 5281XD (9) 84 aw/sc 4/ 15
S.F. _____ H.F. _____ register of the precinct in which that person claims the right 1 to vote shall not be permitted to vote, unless the person 2 affirms that the person is currently registered in the county 3 and presents proof of identity, or the commissioner informs 4 the precinct election officials that an error has occurred 5 and that the person is a registered voter of that precinct , 6 and the person presents proof of identification pursuant to 7 subsection 3 . If the commissioner finds no record of the 8 person’s registration but the person insists that the person 9 is a registered voter of that precinct, the precinct election 10 officials shall allow the person to cast a ballot in the manner 11 prescribed by section 49.81 . 12 Sec. 9. Section 49.81, subsection 2, paragraph b, Code 2011, 13 is amended to read as follows: 14 b. If the person is casting a provisional ballot because the 15 person failed was unable or refused to provide a required form 16 of identification pursuant to section 48A.7A, subsection 1, 17 section 48A.8, subsection 4, or section 49.77, subsection 4 , a 18 list of the types of acceptable identification and notification 19 that the person must show identification before the ballot can 20 be counted. 21 Sec. 10. Section 53.10, subsection 2, Code 2011, is amended 22 to read as follows: 23 2. Each person who wishes to vote by absentee ballot at 24 the commissioner’s office shall first sign an application for 25 a ballot including the following information: name, current 26 address, and the election for which the ballot is requested. 27 The person may report a change of address or other information 28 on the person’s voter registration record at that time. The 29 person must also provide proof of identification pursuant 30 to section 49.77, subsections 3 and 3A, before receiving an 31 absentee ballot. Upon receipt of the absentee ballot, the 32 registered voter shall immediately mark the ballot; enclose 33 the ballot in a secrecy envelope, if necessary, and seal it 34 in an affidavit envelope; subscribe to the affidavit on the 35 -5- LSB 5281XD (9) 84 aw/sc 5/ 15
S.F. _____ H.F. _____ reverse side of the envelope; and return the absentee ballot to 1 the commissioner. The commissioner shall record the numbers 2 appearing on the application and affidavit envelope along with 3 the name of the registered voter. 4 Sec. 11. Section 53.22, subsection 1, Code 2011, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. (1) Before receiving a ballot under 7 this subsection, each applicant shall present proof of 8 identification pursuant to section 49.77, subsection 3, to 9 the special precinct election board members. If an applicant 10 is unable or refuses to present proof of identification, the 11 applicant shall be allowed to vote. 12 (2) This paragraph “d” is repealed December 31, 2013. 13 Sec. 12. Section 321.190, subsection 1, paragraph d, Code 14 Supplement 2011, is amended to read as follows: 15 d. The fee for a nonoperator’s identification card shall 16 be five dollars and the card shall be valid for a period 17 of five years from the date of issuance. A nonoperator’s 18 identification card shall be issued without expiration 19 to anyone age seventy or over. If an applicant for a 20 nonoperator’s identification card is a foreign national 21 who is temporarily present in this state, the nonoperator’s 22 identification card shall be issued only for the length of time 23 the foreign national is authorized to be present as determined 24 by the department, not to exceed two years. An issuance fee 25 shall not be charged for a person whose driver’s license or 26 driving privilege has been suspended under section 321.210, 27 subsection 1 , paragraph “a” , subparagraph (3) , or for a person 28 obtaining an identification card to be used under section 29 49.77, subsection 3, for voting purposes. Identification cards 30 obtained for voting purposes shall be labeled by the department 31 as “For Voting Purposes Only” . 32 DIVISION II 33 CONFORMING PROVISIONS 34 Sec. 13. Section 48A.8, subsection 2, unnumbered paragraph 35 -6- LSB 5281XD (9) 84 aw/sc 6/ 15
S.F. _____ H.F. _____ 1, Code 2011, is amended to read as follows: 1 An eligible elector who registers by mail and who has 2 not previously voted in an election for federal office in 3 the county of registration shall be required to provide 4 additional identification documents when voting for the first 5 time in the county, unless the registrant provided on the 6 registration form the registrant’s Iowa driver’s license 7 number, or the registrant’s Iowa nonoperator’s identification 8 card number, or the last four numerals of the registrant’s 9 social security number and the driver’s license, nonoperator’s 10 identification, or partial social security number matches 11 an existing state or federal identification record with the 12 same number, name, and date of birth. If the registrant 13 is required to show additional identification under this 14 subsection and votes in person at the polls, or by absentee 15 ballot at the commissioner’s office or at a satellite voting 16 station, the registrant shall provide a current and valid 17 photo identification card, or shall present to the appropriate 18 election official one of the following current documents that 19 shows the name and address of the registrant: 20 Sec. 14. Section 48A.8, subsection 4, Code 2011, is amended 21 to read as follows: 22 4. A registrant under subsection 2 who is required to 23 present additional identification when casting a ballot in 24 person shall be permitted to vote a provisional ballot if the 25 voter does not provide the required additional identification 26 documents pursuant to subsection 2 . If a voter who is required 27 to present such additional identification when casting a ballot 28 votes an absentee ballot by mail, the ballot returned by the 29 voter shall be considered a provisional ballot pursuant to 30 sections 49.81 and 53.31 . 31 Sec. 15. Section 48A.27, subsection 4, paragraph c, 32 subparagraph (2), Code 2011, is amended to read as follows: 33 (2) The notice shall contain a statement in substantially 34 the following form: 35 -7- LSB 5281XD (9) 84 aw/sc 7/ 15
S.F. _____ H.F. _____ Information received from the United States postal service 1 indicates that you are no longer a resident of, and therefore 2 not eligible to vote in (name of county) County, Iowa. If this 3 information is not correct, and you still live in (name of 4 county) County, please complete and mail the attached postage 5 paid card at least ten days before the primary or general 6 election and at least eleven days before any other election at 7 which you wish to vote. If the information is correct and you 8 have moved, please contact a local official in your new area 9 for assistance in registering there. If you do not mail in 10 the card, you may be required to show identification before 11 being allowed to vote in (name of county) County. If you do not 12 return the card, and you do not vote in an election in (name 13 of county) County, Iowa, on or before (date of second general 14 election following the date of the notice) your name will be 15 removed from the list of voters in that county. 16 Sec. 16. Section 48A.29, subsection 1, paragraph b, Code 17 2011, is amended to read as follows: 18 b. The notice shall contain a statement in substantially the 19 following form: 20 Information received from the United States postal service 21 indicates that you are no longer a resident of (residence 22 address) in (name of county) County, Iowa. If this information 23 is not correct, and you still live in (name of county) County, 24 please complete and mail the attached postage paid card at 25 least ten days before the primary or general election and at 26 least eleven days before any other election at which you wish 27 to vote. If the information is correct, and you have moved, 28 please contact a local official in your new area for assistance 29 in registering there. If you do not mail in the card, you may 30 be required to show identification before being allowed to vote 31 in (name of county) County. If you do not return the card, and 32 you do not vote in some election in (name of county) County, 33 Iowa, on or before (date of second general election following 34 the date of the notice) your name will be removed from the list 35 -8- LSB 5281XD (9) 84 aw/sc 8/ 15
S.F. _____ H.F. _____ of voters in that county. 1 Sec. 17. Section 48A.29, subsection 3, paragraph b, Code 2 2011, is amended to read as follows: 3 b. The notice shall contain a statement in substantially the 4 following form: 5 Information received by this office indicates that you are no 6 longer a resident of (residence address) in (name of county) 7 County, Iowa. If the information is not correct, and you still 8 live at that address, please complete and mail the attached 9 postage paid card at least ten days before the primary or 10 general election and at least eleven days before any other 11 election at which you wish to vote. If the information is 12 correct, and you have moved within the county, you may update 13 your registration by listing your new address on the card and 14 mailing it back. If you have moved outside the county, please 15 contact a local official in your new area for assistance in 16 registering there. If you do not mail in the card, you may be 17 required to show identification before being allowed to vote in 18 (name of county) County. If you do not return the card, and you 19 do not vote in some election in (name of county) County, Iowa, 20 on or before (date of second general election following the 21 date of the notice) your name will be removed from the list of 22 registered voters in that county. 23 DIVISION III 24 VOTER IDENTIFICATION FOR 2014 ON 25 Sec. 18. Section 39A.2, subsection 1, paragraph b, 26 subparagraph (6), if enacted by this Act, is amended to read 27 as follows: 28 NEW SUBPARAGRAPH . (6) Falsely swears to an oath required 29 pursuant to section 49.77, subsection 3, or an affidavit 30 pursuant to section 49.81, subsection 5, paragraph “b” . 31 Sec. 19. Section 49.77, Code 2011, as amended by this Act, 32 if enacted, is amended by adding the following new subsection: 33 NEW SUBSECTION . 3B. a. If proof of identification is 34 established under subsection 3, the person shall be allowed to 35 -9- LSB 5281XD (9) 84 aw/sc 9/ 15
S.F. _____ H.F. _____ vote. 1 b. If a person is unable or refuses to present proof of 2 identification, or the precinct election official determines 3 the proof of identification presented by the person does 4 not qualify as proof of identification under subsection 5 3, paragraph “b” , or proof of identity under subsection 3, 6 paragraph “c” , the person shall be offered the option to vote a 7 ballot, but only in accordance with section 49.81. 8 Sec. 20. Section 49.81, subsection 1, Code 2011, is amended 9 to read as follows: 10 1. A prospective voter who is prohibited under section 11 48A.8, subsection 4 , section 49.77, subsection 3B, paragraph 12 “b” , section 49.77, subsection 4 , section 49.80 , or section 13 53.19, subsection 3 , or section 53.22, subsection 1, paragraph 14 “e” , from voting except under this section shall be notified by 15 the appropriate precinct election official that the voter may 16 cast a provisional ballot. The voter shall mark the ballot and 17 immediately seal it in an envelope of the type prescribed by 18 subsection 4 . The voter shall deliver the sealed envelope to a 19 precinct election official who shall deposit it in an envelope 20 marked “provisional ballots”. The ballot shall be considered 21 as having been cast in the special precinct established by 22 section 53.20 for purposes of the postelection canvass. 23 Sec. 21. Section 49.81, subsection 2, paragraph b, Code 24 2011, as amended by this Act, if enacted, is amended to read as 25 follows: 26 b. If the person is casting a provisional ballot because 27 the person was unable or refused to provide a required form 28 of identification pursuant to section 48A.7A, subsection 1, 29 section 48A.8, subsection 4, or section 49.77, subsection 3B, 30 paragraph “b” , section 49.77, subsection 4 , or section 53.22, 31 subsection 1, paragraph “e” , a list of the types of acceptable 32 identification and notification that the person must show 33 identification before the ballot can be counted. 34 Sec. 22. Section 49.81, Code 2011, is amended by adding the 35 -10- LSB 5281XD (9) 84 aw/sc 10/ 15
S.F. _____ H.F. _____ following new subsection: 1 NEW SUBSECTION . 5. a. If a voter casts a provisional 2 ballot pursuant to section 49.77, subsection 3B, paragraph 3 “b” , the precinct election official shall indicate on the 4 provisional ballot envelope that the voter is casting a 5 provisional ballot due to the voter’s inability or refusal to 6 present proof of identification. 7 b. At the time a provisional ballot is cast the voter may 8 also execute an affidavit in the form prescribed by the state 9 commissioner which shall be attached to the provisional ballot 10 envelope, affirming that the voter is the person the voter 11 claims to be and further affirming either of the following: 12 (1) The voter is indigent and is 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. A provisional ballot cast pursuant to section 49.77, 17 subsection 3B, paragraph “b” , which is accompanied by an 18 affidavit executed pursuant to paragraph “b” of this subsection 19 shall be presumed valid by the special precinct board and 20 shall be counted unless additional written statements or 21 documents are delivered to the commissioner’s office prior to 22 the date provisional ballots are considered by the special 23 precinct election board and the special precinct election board 24 determines such additional evidence successfully rebuts the 25 presumption of validity. 26 Sec. 23. Section 53.22, subsection 1, Code 2011, as amended 27 by this Act, if enacted, is amended by adding the following new 28 paragraph: 29 NEW PARAGRAPH . e. Before receiving a ballot under 30 this subsection, each applicant shall present proof of 31 identification pursuant to section 49.77, subsection 3, to 32 the special precinct election board members. If an applicant 33 is unable to present proof of identification, the applicant 34 shall have an opportunity to execute an affidavit in the form 35 -11- LSB 5281XD (9) 84 aw/sc 11/ 15
S.F. _____ H.F. _____ prescribed by the state commissioner of elections affirming 1 that the voter does not have and is unable to obtain proof of 2 identification and that the voter resides in a hospital or 3 health care facility and is casting a ballot pursuant to this 4 section. If the applicant refuses to execute an affidavit, the 5 voter’s ballot shall be considered a provisional ballot cast 6 pursuant to section 49.81. 7 Sec. 24. APPLICABILITY. This division of this Act applies 8 to elections held on or after January 1, 2014. 9 EXPLANATION 10 This bill requires that a person provide certain proof of 11 identification at the time that the person votes and modifies 12 proof of identification and proof of residence requirements for 13 election day and in-person absentee registration. 14 Division I of the bill modifies the proof of identification 15 and proof of residence requirements for election day and 16 in-person absentee registration. The bill requires that 17 acceptable proof of identification is the same proof of 18 identification required of a voter who is already registered 19 to vote. The bill removes residential leases and property tax 20 statements from the list of acceptable documents to provide 21 proof of residence for election day and in-person absentee 22 registration. 23 The bill maintains current law allowing a person wishing 24 to vote to establish proof of identity and proof of residence 25 by written oath of a person who is registered to vote in the 26 precinct, but requires that the oath of the person wishing to 27 vote and the registered voter’s oath be executed on the same 28 piece of paper. 29 Division I of the bill requires that a voter provide 30 proof of identification to a precinct election official 31 before being allowed to vote, and also requires that a person 32 wishing to vote by absentee ballot at a county commissioner 33 of elections office or at a satellite absentee voting station 34 present the same proof of identification. The bill requires 35 -12- LSB 5281XD (9) 84 aw/sc 12/ 15
S.F. _____ H.F. _____ that acceptable proof of identification show the name of 1 the individual voter, include a photograph of the voter, 2 include an expiration date, and be issued by the government 3 of the United States, the state of Iowa, an Iowa public or 4 private university or college, an Iowa secondary school, or a 5 political subdivision of the state. The bill requires that 6 the expiration date not have been more than one year before 7 the document is presented to the precinct election official, 8 but exempts confined persons under Code section 53.22 from the 9 expiration date requirements. 10 The bill provides that, in lieu of providing identification 11 in order to vote, a person may establish proof of 12 identification by written oath of a person who provides their 13 own proof of identification and who attests to the voter’s 14 identity. The bill provides that the oath shall be in the form 15 prescribed by the state commissioner of elections, and that the 16 oath shall attest to the stated identity of the person wishing 17 to vote. The bill makes it a class “D” felony to falsely swear 18 an oath pursuant to this provision. The bill requires that 19 the oath be signed by both the attesting person and the person 20 wishing to vote. The bill requires that the oath advise both 21 persons that falsely attesting to a voter’s identity is a class 22 “D” felony. A class “D” felony is punishable by confinement 23 for no more than five years and a fine of at least $750 but not 24 more than $7,500. The bill provides that an attesting person 25 is prohibited from signing any additional such oaths for the 26 same election. 27 The bill also makes changes to the election notice 28 requirements produced by county commissioners of election, 29 requiring that election notices include a statement that all 30 voters will be required to show proof of identification before 31 casting a ballot. 32 The bill also provides that a person obtaining a 33 nonoperator’s identification card for the purpose of voting 34 shall not be charged for the issuance of the nonoperator’s 35 -13- LSB 5281XD (9) 84 aw/sc 13/ 15
S.F. _____ H.F. _____ identification card. The bill requires that nonoperator’s 1 identification cards issued to serve as proof of identification 2 for voting be labeled by the department as “For Voting Purposes 3 Only”. 4 For elections held on or after January 1, 2014, Division 5 III of the bill provides that if proof of identification 6 is established the person shall then be allowed to vote. 7 If a person is unable or refuses to present proof of 8 identification, or if the precinct election official determines 9 that the proof of identification does not meet specified 10 requirements, the person shall be offered the option to vote 11 a provisional ballot. If a person is casting a provisional 12 ballot under these circumstances, the person shall receive a 13 printed statement giving notice of the types of acceptable 14 identification and notice that the person is required to show 15 acceptable identification before the provisional ballot can be 16 counted unless the voter executes an affidavit pursuant to Code 17 section 49.81, subsection 5. If a voter casts a provisional 18 ballot for these reasons, the precinct election official shall 19 indicate on the provisional ballot that the voter is casting 20 a provisional ballot due to the voter’s inability or refusal 21 to present proof of identification. The bill provides that a 22 voter casting a provisional ballot for this reason may execute 23 an affidavit in the form prescribed by the state commissioner 24 of elections, affirming that the voter is the person the voter 25 claims to be and affirming that the voter is either indigent 26 and unable to obtain proof of identification without the 27 payment of a fee or that the voter has a religious objection to 28 being photographed. 29 The bill makes it a class “D” felony to falsify an affidavit 30 that attests to identity. A class “D” felony is punishable by 31 confinement for no more than five years and a fine of at least 32 $750 but not more than $7,500. The bill also provides that 33 any provisional ballot cast accompanied by such an affidavit 34 shall be presumed valid unless additional written statements 35 -14- LSB 5281XD (9) 84 aw/sc 14/ 15
S.F. _____ H.F. _____ or documents are delivered to the county commissioner of 1 elections office prior to the date that provisional ballots 2 are considered and the precinct election board determines that 3 such additional evidence successfully rebuts the presumption 4 of validity. 5 Division II of the bill makes conforming changes to certain 6 required notices on forms related to voter registration and 7 registration by mail. 8 The bill requires that certain persons residing in a 9 hospital or health care facility who apply to vote by absentee 10 ballot shall present proof of identification. For elections 11 held on or after January 1, 2014, Division III of the bill 12 provides that if the applicant is unable to present proof of 13 identification they shall be able to execute an affidavit in 14 the form prescribed by the state commissioner of elections, 15 stating that the voter does not have and is unable to obtain 16 proof of identification and that the voter resides in a 17 hospital or health care facility. The bill further requires 18 that for elections occurring on or after January 1, 2014, if 19 the applicant refuses to execute such an affidavit and is 20 unable to present proof of identification, the voter is allowed 21 to cast a provisional ballot. 22 -15- LSB 5281XD (9) 84 aw/sc 15/ 15