Senate File 142 - Introduced SENATE FILE 142 BY ANDERSON , BERTRAND , JOHNSON , ERNST , McKINLEY , GREINER , KAPUCIAN , BACON , WHITVER , SMITH , FEENSTRA , ZAUN , BOETTGER , HAMERLINCK , HAHN , CHELGREN , KETTERING , and BARTZ A BILL FOR An Act establishing a requirement for voters to provide certain 1 photo identification when voting in person and including 2 effective date and applicability provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2108SS (4) 84 sc/nh

S.F. 142 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 vote 3 may register on election day by appearing in person at the 4 polling place for the precinct in which the individual resides 5 and completing a voter registration application, making written 6 oath, and providing proof of identity and residence proof of 7 residence pursuant to paragraph “b” . 8 Sec. 2. Section 48A.7A, subsection 1, paragraph b, Code 9 2011, is amended to read as follows: 10 b. (1) For purposes of this section , a person may establish 11 identity and residence by presenting to the appropriate 12 precinct election official a current and valid Iowa driver’s 13 license or Iowa nonoperator’s identification card or by 14 presenting any of the following current and valid forms of 15 identification if such identification contains the person’s 16 photograph and a validity expiration date: by showing proof of 17 identification as required in section 49.77, subsection 3. 18 (a) An out-of-state driver’s license or nonoperator’s 19 identification card. 20 (b) A United States passport. 21 (c) A United States military identification card. 22 (d) An identification card issued by an employer. 23 (e) A student identification card issued by an Iowa high 24 school or an Iowa postsecondary educational institution. 25 (2) If the photographic identification presented does not 26 contain the person’s current address in the precinct, For 27 purposes of this section, a person may establish residence 28 using proof of identification presented pursuant to section 29 49.77, subsection 3, if the proof of identification contains 30 the person’s current address in the precinct. If the proof of 31 identification does not contain the person’s current address 32 in the precinct, the person shall also present one of the 33 following documents that shows the person’s name and current 34 address in the precinct: 35 -1- LSB 2108SS (4) 84 sc/nh 1/ 11

S.F. 142 (a) Residential lease. 1 (b) Property tax statement. 2 (c) Utility bill. 3 (d) Bank statement. 4 (e) Paycheck. 5 (f) Government check. 6 (g) Other government document. 7 Sec. 3. Section 48A.7A, subsection 1, paragraph c, Code 8 2011, is amended by striking the paragraph. 9 Sec. 4. Section 48A.7A, subsections 2 and 3, Code 2011, are 10 amended to read as follows: 11 2. The oath required in subsection 1 , paragraph “a” , and in 12 paragraph “c” , if applicable, shall be attached to the voter 13 registration application. 14 3. At any time before election day, and after the deadline 15 for registration in section 48A.9 , a person who appears in 16 person at the commissioner’s office or at a satellite absentee 17 voting station or whose ballot is delivered to a health care 18 facility pursuant to section 53.22 may register to vote and 19 vote an absentee ballot by following the procedure in this 20 section for registering to vote on election day. A person who 21 wishes to vote in person at the polling place on election day 22 and who has not registered to vote before the deadline for 23 registering in section 48A.9 , is required to register to vote 24 at the polling place on election day following the procedure 25 in this section . However, the person may complete the voter 26 registration application at the commissioner’s office and, 27 after the commissioner has reviewed the completed application, 28 may present the application to the appropriate precinct 29 election official along with proof of identity and residency 30 identification and proof of residence . 31 Sec. 5. Section 48A.7A, subsection 4, paragraph b, Code 32 2011, is amended by striking the paragraph. 33 Sec. 6. Section 48A.8, subsection 2, unnumbered paragraph 34 1, Code 2011, is amended to read as follows: 35 -2- LSB 2108SS (4) 84 sc/nh 2/ 11

S.F. 142 An eligible elector who registers by mail and who has 1 not previously voted in an election for federal office in 2 the county of registration shall be required to provide 3 additional identification documents when voting for the first 4 time in the county, unless the registrant provided on the 5 registration form the registrant’s Iowa driver’s license 6 number, or the registrant’s Iowa nonoperator’s identification 7 card number, or the last four numerals of the registrant’s 8 social security number and the driver’s license, nonoperator’s 9 identification, or partial social security number matches 10 an existing state or federal identification record with the 11 same number, name, and date of birth. If the registrant 12 is required to show additional identification under this 13 subsection and votes in person at the polls, or by absentee 14 ballot at the commissioner’s office or at a satellite voting 15 station, the registrant shall provide a current and valid 16 photo identification card, or shall present to the appropriate 17 election official one of the following current documents that 18 shows the name and address of the registrant: 19 Sec. 7. Section 48A.8, subsection 4, Code 2011, is amended 20 to read as follows: 21 4. A registrant under subsection 2 who is required to 22 present additional identification when casting a ballot in 23 person shall be permitted to vote a provisional ballot if the 24 voter does not provide the required additional identification 25 documents pursuant to subsection 2 . If a voter who is required 26 to present such additional identification when casting a ballot 27 votes an absentee ballot by mail, the ballot returned by the 28 voter shall be considered a provisional ballot pursuant to 29 sections 49.81 and 53.31 . 30 Sec. 8. Section 48A.27, subsection 4, paragraph c, 31 subparagraph (2), Code 2011, is amended to read as follows: 32 (2) The notice shall contain a statement in substantially 33 the following form: 34 Information received from the United States postal service 35 -3- LSB 2108SS (4) 84 sc/nh 3/ 11

S.F. 142 indicates that you are no longer a resident of, and therefore 1 not eligible to vote in (name of county) County, Iowa. If this 2 information is not correct, and you still live in (name of 3 county) County, please complete and mail the attached postage 4 paid card at least ten days before the primary or general 5 election and at least eleven days before any other election at 6 which you wish to vote. If the information is correct and you 7 have moved, please contact a local official in your new area 8 for assistance in registering there. If you do not mail in 9 the card, you may be required to show identification before 10 being allowed to vote in (name of county) County. If you do not 11 return the card, and you do not vote in an election in (name 12 of county) County, Iowa, on or before (date of second general 13 election following the date of the notice) your name will be 14 removed from the list of voters in that county. 15 Sec. 9. Section 48A.29, subsection 1, paragraph b, Code 16 2011, is amended to read as follows: 17 b. The notice shall contain a statement in substantially the 18 following form: 19 Information received from the United States postal service 20 indicates that you are no longer a resident of (residence 21 address) in (name of county) County, Iowa. If this information 22 is not correct, and you still live in (name of county) County, 23 please complete and mail the attached postage paid card at 24 least ten days before the primary or general election and at 25 least eleven days before any other election at which you wish 26 to vote. If the information is correct, and you have moved, 27 please contact a local official in your new area for assistance 28 in registering there. If you do not mail in the card, you may 29 be required to show identification before being allowed to vote 30 in (name of county) County. If you do not return the card, and 31 you do not vote in some election in (name of county) County, 32 Iowa, on or before (date of second general election following 33 the date of the notice) your name will be removed from the list 34 of voters in that county. 35 -4- LSB 2108SS (4) 84 sc/nh 4/ 11

S.F. 142 Sec. 10. Section 48A.29, subsection 3, paragraph b, Code 1 2011, is amended to read as follows: 2 b. The notice shall contain a statement in substantially the 3 following form: 4 Information received by this office indicates that you are no 5 longer a resident of (residence address) in (name of county) 6 County, Iowa. If the information is not correct, and you still 7 live at that address, please complete and mail the attached 8 postage paid card at least ten days before the primary or 9 general election and at least eleven days before any other 10 election at which you wish to vote. If the information is 11 correct, and you have moved within the county, you may update 12 your registration by listing your new address on the card and 13 mailing it back. If you have moved outside the county, please 14 contact a local official in your new area for assistance in 15 registering there. If you do not mail in the card, you may be 16 required to show identification before being allowed to vote in 17 (name of county) County. If you do not return the card, and you 18 do not vote in some election in (name of county) County, Iowa, 19 on or before (date of second general election following the 20 date of the notice) your name will be removed from the list of 21 registered voters in that county. 22 Sec. 11. Section 49.77, subsection 3, Code 2011, is amended 23 by striking the subsection and inserting in lieu thereof the 24 following: 25 3. a. A precinct election official shall require the voter 26 to produce for inspection proof of identification before being 27 allowed to sign the voter roster or declaration of eligibility. 28 b. For purposes of this section, “proof of identification” 29 refers to a document that satisfies all of the following: 30 (1) The document shows the name of the individual to whom 31 the document was issued which shall conform to the name on the 32 election register. 33 (2) The document shows a photograph of the individual to 34 whom it was issued. 35 -5- LSB 2108SS (4) 84 sc/nh 5/ 11

S.F. 142 (3) If the document contains an expiration date, the 1 document shall not have expired more than sixty days before the 2 document is presented as proof of identification. 3 (4) The document was issued by the government of the United 4 States or the state of Iowa, including documents issued by an 5 institution governed by the state board of regents. 6 c. If a voter is unable or refuses to present proof of 7 identification or the precinct election official determines the 8 proof of identification provided by the voter does not qualify 9 as proof of identification under paragraph “b” , the precinct 10 election official shall challenge the voter as provided in 11 section 49.79. If the voter is challenged under this paragraph 12 “c” , the voter shall be offered the option to vote a ballot, but 13 only in accordance with section 49.81. 14 Sec. 12. Section 49.77, Code 2011, is amended by adding the 15 following new subsection: 16 NEW SUBSECTION . 3A. If proof of identification is 17 established under subsection 3 to the satisfaction of the 18 precinct election officials, the person may then be allowed to 19 vote. 20 Sec. 13. Section 49.77, subsection 4, paragraphs a and b, 21 Code 2011, are amended to read as follows: 22 a. A person whose name does not appear on the election 23 register of the precinct in which that person claims the right 24 to vote shall not be permitted to vote, unless the person 25 affirms that the person is currently registered in the county 26 and presents proof of identity, or the commissioner informs 27 the precinct election officials that an error has occurred 28 and that the person is a registered voter of that precinct 29 identification pursuant to subsection 3 . If the commissioner 30 finds no record of the person’s registration but the person 31 insists that the person is a registered voter of that precinct, 32 the precinct election officials shall allow the person to cast 33 a ballot in the manner prescribed by section 49.81 . 34 b. If the voter informs the precinct election official that 35 -6- LSB 2108SS (4) 84 sc/nh 6/ 11

S.F. 142 the voter resides in the precinct and is not registered to 1 vote, the voter may register to vote pursuant to section 48A.7A 2 and cast a ballot. If such a voter is unable to establish 3 identity and residency in the manner provided in section 4 48A.7A, subsection 1 , paragraph “b” or “c” , the voter shall be 5 allowed to cast a ballot in the manner prescribed by section 6 49.81 . 7 Sec. 14. Section 49.79, subsection 2, Code 2011, is amended 8 by adding the following new paragraph: 9 NEW PARAGRAPH . h. The challenged person was unable or 10 refused to provide proof of identification, or provided 11 insufficient proof of identification, pursuant to section 12 49.77, subsection 3. 13 Sec. 15. Section 49.81, subsection 1, Code 2011, is amended 14 to read as follows: 15 1. A prospective voter who is prohibited under section 16 48A.8, subsection 4 , section 49.77, subsection 3 or 4 , section 17 49.80 , or section 53.19, subsection 3 , from voting except under 18 this section shall be notified by the appropriate precinct 19 election official that the voter may cast a provisional 20 ballot. The voter shall mark the ballot and immediately 21 seal it in an envelope of the type prescribed by subsection 22 4 . The voter shall deliver the sealed envelope to a precinct 23 election official who shall deposit it in an envelope marked 24 “provisional ballots”. The ballot shall be considered as 25 having been cast in the special precinct established by section 26 53.20 for purposes of the postelection canvass. 27 Sec. 16. Section 49.81, subsection 2, paragraph b, Code 28 2011, is amended to read as follows: 29 b. If the person is casting a provisional ballot because the 30 person failed was unable or refused to provide a required form 31 of identification under section 48A.7A, subsection 1, section 32 48A.8, subsection 4, or section 49.77, subsection 3 , a list of 33 the types of acceptable identification and notification that 34 the person must show identification before the ballot can be 35 -7- LSB 2108SS (4) 84 sc/nh 7/ 11

S.F. 142 counted. If a voter is unable or refuses to show proof of 1 identification required under section 49.77, subsection 3, 2 the notification shall also inform the voter of the right to 3 execute an affidavit pursuant to subsection 5. 4 Sec. 17. Section 49.81, Code 2011, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 5. a. If a voter casts a provisional 7 ballot pursuant to section 49.77, subsection 3, the precinct 8 election official shall indicate on the provisional ballot 9 envelope that the voter was challenged for the voter’s 10 inability or refusal to provide proof of identification. 11 b. No later than noon on the Monday following the election, 12 a voter challenged pursuant to section 49.77, subsection 3, 13 paragraph “c” , shall appear at the commissioner’s office 14 and execute an affidavit in the form prescribed by the state 15 commissioner, affirming that the voter is the same individual 16 who personally appeared before the precinct election board and 17 cast the provisional ballot on election day. The voter must 18 also present proof of identification required by section 49.77, 19 subsection 3, or further affirm either of the following: 20 (1) The voter is indigent and unable to obtain proof of 21 identification without the payment of a fee. 22 (2) The voter has a religious objection to being 23 photographed. 24 c. If the board determines that the voter has been 25 challenged solely for the inability or refusal of the voter to 26 provide proof of identification and the voter presents proof 27 of identification or executes the affidavit, as provided in 28 paragraph “b” , the board shall find that the provisional ballot 29 is valid and direct that it be counted. 30 Sec. 18. Section 53.10, subsection 2, Code 2011, is amended 31 to read as follows: 32 2. Each person who wishes to vote by absentee ballot at 33 the commissioner’s office shall first sign an application for 34 a ballot including the following information: name, current 35 -8- LSB 2108SS (4) 84 sc/nh 8/ 11

S.F. 142 address, and the election for which the ballot is requested. 1 The person may report a change of address or other information 2 on the person’s voter registration record at that time. The 3 person must also provide proof of identification pursuant to 4 section 49.77, subsection 3, before receiving an absentee 5 ballot. Upon receipt of a ballot, the registered voter 6 shall immediately mark the ballot; enclose the ballot in a 7 secrecy envelope, if necessary, and seal it in an affidavit 8 envelope; subscribe to the affidavit on the reverse side of the 9 envelope; and return the absentee ballot to the commissioner. 10 The commissioner shall record the numbers appearing on the 11 application and affidavit envelope along with the name of the 12 registered voter. 13 Sec. 19. Section 53.22, subsection 1, Code 2011, is amended 14 by adding the following new paragraph: 15 NEW PARAGRAPH . d. Before receiving a ballot under 16 this subsection, each applicant shall present proof of 17 identification pursuant to section 49.77, subsection 3, to the 18 special precinct election board members. If an applicant is 19 unable to present proof of identification, the voter’s ballot 20 shall be considered a provisional ballot cast pursuant to 21 section 49.81, and the special precinct election board members 22 shall give the voter an opportunity to execute an affidavit 23 in a form prescribed by the state commissioner affirming 24 either of the reasons listed in section 49.81, subsection 5, 25 paragraph “b” , or that the voter is confined to the health care 26 facility or hospital and therefore unable to obtain proof of 27 identification. 28 Sec. 20. Section 144.46, Code 2011, is amended by adding the 29 following new subsection: 30 NEW SUBSECTION . 3. The fees adopted by the department 31 pursuant to subsection 1 shall not be assessed to applicants 32 who execute an affidavit indicating the applicant is obtaining 33 a certified copy of a birth certificate for the purpose of 34 obtaining an Iowa nonoperator’s identification card to be used 35 -9- LSB 2108SS (4) 84 sc/nh 9/ 11

S.F. 142 for voting. 1 Sec. 21. Section 321.190, subsection 1, paragraph d, Code 2 2011, is amended to read as follows: 3 d. The fee for a nonoperator’s identification card shall 4 be five dollars and the card shall be valid for a period 5 of five years from the date of issuance. A nonoperator’s 6 identification card shall be issued without expiration 7 to anyone age seventy or over. If an applicant for a 8 nonoperator’s identification card is a foreign national 9 who is temporarily present in this state, the nonoperator’s 10 identification card shall be issued only for the length of time 11 the foreign national is authorized to be present as determined 12 by the department, not to exceed two years. An issuance fee 13 shall not be charged for a person whose driver’s license or 14 driving privilege has been suspended under section 321.210, 15 subsection 1 , paragraph “a” , subparagraph (3) , or for a person 16 obtaining an identification card to be used under section 17 49.77, subsection 3, for voting purposes . 18 Sec. 22. EFFECTIVE DATE AND APPLICABILITY. This Act takes 19 effect January 1, 2012, and applies to elections held on or 20 after that date. 21 EXPLANATION 22 This bill requires that all voters show proof of 23 identification, as defined in the bill, before being allowed 24 to vote at the polls or to vote an absentee ballot in person 25 at the commissioner’s office or at a satellite absentee voting 26 station. 27 The bill allows a voter to cast a provisional ballot in 28 certain circumstances where the voter is unable to provide or 29 refuses to provide the required proof of identification. If 30 a voter casts a provisional ballot for this reason, the voter 31 has until the Monday following the election to appear at the 32 commissioner’s office to present proof of identification or to 33 execute an affidavit. 34 The bill amends Code section 48A.7A, relating to election 35 -10- LSB 2108SS (4) 84 sc/nh 10/ 11

S.F. 142 day and in-person absentee voter registration, to require that 1 the forms of identification necessary to register in this 2 manner are the same forms of proof of identification necessary 3 to vote. The bill retains the current requirement that if the 4 proof of identification offered for election day and in-person 5 absentee registration does not contain a current address, the 6 registrant must provide proof of residency. 7 Code section 48A.7A is also amended to strike the provision 8 allowing another registered voter to sign an oath affirming a 9 registrant’s identity and residency. 10 The bill makes corresponding amendments regarding 11 identification requirements for certain persons who register to 12 vote by mail and for registered voters who do not respond to a 13 confirmation card sent by the county commissioner of elections. 14 The bill amends Code section 144.46, relating to obtaining 15 a certified copy of a birth certificate, to provide that the 16 fee for the document shall not be charged to a person who 17 executes an affidavit indicating the applicant is obtaining 18 the birth certificate in order to obtain an Iowa nonoperator’s 19 identification card for the purposes of voting. The bill also 20 amends Code section 321.190 to provide that a person obtaining 21 an Iowa nonoperator’s identification card for the purposes of 22 voting is not required to pay an issuance fee for the card. 23 The bill takes effect January 1, 2012, and applies to 24 elections held on or after that date. 25 -11- LSB 2108SS (4) 84 sc/nh 11/ 11