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:
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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
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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
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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
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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
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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
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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
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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
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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
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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
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_____
H.F.
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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
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_____
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
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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
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15
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_____
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
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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
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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
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