S.F. 343 Section 1. Section 39A.1, subsection 2, Code 2011, is 1 amended to read as follows: 2 2. The purpose of this chapter is to identify actions which 3 threaten the integrity of the election process and to impose 4 significant sanctions upon persons who intentionally commit 5 those acts. It is the intent of the general assembly that 6 offenses with the greatest potential to affect the election 7 process be vigorously prosecuted and strong punishment meted 8 out through the imposition of felony sanctions which, as a 9 consequence, remove the voting rights of the offenders until 10 such rights are restored by the governor, by the president of 11 the United States, or by operation of law . Other offenses are 12 still considered serious, but based on the factual context in 13 which they arise, they may not rise to the level of offenses 14 to which felony penalties attach. The general assembly 15 also recognizes that instances may arise in which technical 16 infractions of chapters 39 through 53 may occur which do not 17 merit any level of criminal sanction. In such instances, 18 administrative notice from the state or county commissioner 19 of elections is sufficient. Mandates or proscriptions in 20 chapters 39 through 53 which are not specifically included in 21 this chapter shall be considered to be directive only, without 22 criminal sanction. 23 Sec. 2. Section 43.18, subsection 9, Code 2011, is amended 24 to read as follows: 25 9. A statement that the candidate is aware that the 26 candidate is disqualified from holding office if the candidate 27 has been convicted of a felony or other infamous crime and the 28 candidate’s rights have not been restored by the governor , or 29 by the president of the United States , or by operation of law . 30 Sec. 3. Section 43.67, subsection 2, paragraph i, Code 2011, 31 is amended to read as follows: 32 i. A statement that the candidate is aware that the 33 candidate is disqualified from holding office if the candidate 34 has been convicted of a felony or other infamous crime and the 35 -1- LSB 2173SS (3) 84 aw/sc 1/ 6

S.F. 343 candidate’s rights have not been restored by the governor , or 1 by the president of the United States , or by operation of law . 2 Sec. 4. Section 44.3, subsection 2, paragraph i, Code 2011, 3 is amended to read as follows: 4 i. A statement that the candidate is aware that the 5 candidate is disqualified from holding office if the candidate 6 has been convicted of a felony or other infamous crime and the 7 candidate’s rights have not been restored by the governor , or 8 by the president of the United States , or by operation of law . 9 Sec. 5. Section 45.3, subsection 9, Code 2011, is amended 10 to read as follows: 11 9. A statement that the candidate is aware that the 12 candidate is disqualified from holding office if the candidate 13 has been convicted of a felony or other infamous crime and the 14 candidate’s rights have not been restored by the governor , or 15 by the president of the United States , or by operation of law . 16 Sec. 6. Section 48A.6, subsection 1, Code 2011, is amended 17 to read as follows: 18 1. A person who has been convicted of a felony as defined 19 in section 701.7 , or convicted of an offense classified as a 20 felony under federal law. If the person’s rights are later 21 restored by the governor, or by the president of the United 22 States, pursuant to section 914.8, or by a pardon issued by the 23 governor or the president of the United States, the person may 24 register to vote. 25 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2011, 26 is amended to read as follows: 27 c. That prior to the election the incumbent had been duly 28 convicted of a felony, as defined in section 701.7 , and that 29 the judgment had not been reversed, annulled, or set aside, nor 30 the incumbent pardoned by the governor or the president of the 31 United States or restored to the rights of citizenship by the 32 governor under chapter 914 pursuant to section 914.8 , at the 33 time of the election. 34 Sec. 8. Section 99B.1, subsection 13, paragraph a, 35 -2- LSB 2173SS (3) 84 aw/sc 2/ 6

S.F. 343 subparagraph (3), Code 2011, is amended to read as follows: 1 (3) The applicant has not been convicted of a felony. 2 However, if the applicant’s conviction occurred more than five 3 years before the date of the application for a license, and 4 if the applicant’s rights of citizenship have been restored 5 by the governor pursuant to sections 914.1 through 914.6 , the 6 director of the department may determine that the applicant is 7 an eligible applicant. 8 Sec. 9. Section 123.3, subsection 26, paragraph d, Code 9 2011, is amended to read as follows: 10 d. The person has not been convicted of a felony. However, 11 if the person’s conviction of a felony occurred more than five 12 years before the date of the application for a license or 13 permit, and if the person’s rights of citizenship have been 14 restored by the governor pursuant to sections 914.1 through 15 914.6 , the administrator may determine that the person is of 16 good moral character notwithstanding such conviction. 17 Sec. 10. Section 161A.5, subsection 3, paragraph b, Code 18 2011, is amended to read as follows: 19 b. Every candidate shall file with the nomination papers 20 an affidavit stating the candidate’s name, the candidate’s 21 residence, that the person is a candidate and is eligible for 22 the office of commissioner, and that if elected the candidate 23 will qualify for the office. The affidavit shall also state 24 that the candidate is aware that the candidate is disqualified 25 from holding office if the candidate has been convicted of a 26 felony or other infamous crime and the candidate’s rights have 27 not been restored by the governor , or by the president of the 28 United States , or by operation of law . 29 Sec. 11. Section 277.4, subsection 2, paragraph b, Code 30 2011, is amended to read as follows: 31 b. Signers of nomination petitions shall include their 32 addresses and the date of signing, and must reside in the same 33 director district as the candidate if directors are elected 34 by the voters of a director district, rather than at-large. 35 -3- LSB 2173SS (3) 84 aw/sc 3/ 6

S.F. 343 A person may sign nomination petitions for more than one 1 candidate for the same office, and the signature is not invalid 2 solely because the person signed nomination petitions for 3 one or more other candidates for the office. The petition 4 shall be filed with the affidavit of the candidate being 5 nominated, stating the candidate’s name, place of residence, 6 that such person is a candidate and is eligible for the office 7 the candidate seeks, and that if elected the candidate will 8 qualify for the office. The affidavit shall also state that 9 the candidate is aware that the candidate is disqualified 10 from holding office if the candidate has been convicted of a 11 felony or other infamous crime and the candidate’s rights have 12 not been restored by the governor , or by the president of the 13 United States , or by operation of law . 14 Sec. 12. Section 376.4, subsection 2, paragraph b, Code 15 2011, is amended to read as follows: 16 b. The petition must include the affidavit of the individual 17 for whom it is filed, stating the individual’s name, the 18 individual’s residence, that the individual is a candidate and 19 eligible for the office, and that if elected the individual 20 will qualify for the office. The affidavit shall also state 21 that the candidate is aware that the candidate is disqualified 22 from holding office if the candidate has been convicted of a 23 felony or other infamous crime and the candidate’s rights have 24 not been restored by the governor , or by the president of the 25 United States , or by operation of law . 26 Sec. 13. Section 914.2, Code 2011, is amended to read as 27 follows: 28 914.2 Right of application. 29 Except as otherwise provided in section 902.2 or 914.8 , a 30 person convicted of a criminal offense has the right to make 31 application to the board of parole for recommendation or to 32 the governor for a reprieve, pardon, commutation of sentence, 33 remission of fines or forfeitures, or restoration of rights of 34 citizenship at any time following the conviction. 35 -4- LSB 2173SS (3) 84 aw/sc 4/ 6

S.F. 343 Sec. 14. NEW SECTION . 914.8 Restoration of right to 1 register and to vote. 2 1. A person convicted of a felony criminal offense who has 3 been discharged from probation under section 907.9, discharged 4 from parole or work release under section 906.15, or who is 5 released from confinement under section 902.6 because the 6 person has completed the person’s term of confinement shall 7 have the right to register to vote and to vote restored in the 8 manner provided in this section. 9 2. Upon complete discharge from criminal sentence, 10 including any accompanying term of probation, parole, or 11 supervised release, the department of corrections or judicial 12 district department of correctional services, whichever 13 is applicable, shall provide written notice to the inmate, 14 parolee, or probationer of the person’s discharge which 15 shall include a voter registration form and a statement that 16 the person’s right to register to vote and to vote has been 17 restored. 18 3. The department of corrections shall monthly provide a 19 list of all persons discharged from confinement or supervision 20 to the state registrar of voters who shall provide the 21 information to the county registrars of voters as deemed 22 necessary. 23 4. Offenders may still make application for a restoration 24 of citizenship rights pursuant to this chapter. All such 25 applications, unless withdrawn, shall be processed as required 26 by this chapter. 27 5. This section shall not relieve an offender of any 28 unpaid restitution, fine, or other obligation resulting from 29 conviction. 30 Sec. 15. EFFECTIVE UPON ENACTMENT AND RETROACTIVE 31 APPLICABILITY. This Act, being deemed of immediate importance, 32 takes effect upon enactment and applies retroactively to 33 January 14, 2011. 34 EXPLANATION 35 -5- LSB 2173SS (3) 84 aw/sc 5/ 6

S.F. 343 This bill requires that, upon the complete discharge from 1 certain criminal sentences, citizenship rights related to 2 voting and qualification for public office, must be restored. 3 The bill requires that the right to register to vote and to 4 vote be restored for any individual who has been completely 5 discharged from criminal sentence, including any accompanying 6 term of probation, parole, or supervised release. The 7 restoration of citizenship rights provided for under the bill 8 shall only extend to the right to register to vote and to vote, 9 and would not include any other citizenship rights. The bill 10 would not relieve the individual of unpaid restitution, fines, 11 or other obligations resulting from conviction within the 12 terms or conditions of a criminal sentence. The bill will not 13 limit an individual’s ability to apply to the governor for a 14 restoration of citizenship rights. 15 The bill requires that the department of corrections notify 16 the state registrar of voters upon the complete discharge of 17 criminal sentence for an individual. The bill requires that, 18 where applicable, the judicial district department make the 19 notification. 20 The bill takes effect upon enactment and applies 21 retroactively to January 14, 2011. 22 -6- LSB 2173SS (3) 84 aw/sc 6/ 6