SENATE FILE 447

BY  COMMITTEE ON STATE GOVERNMENT

(SUCCESSOR TO SF 343)

(COMPANION TO LSB 2173HH BY HUNTER)

A BILL FOR

An Act  providing for the restoration of the right to register to vote and to vote and hold elective office for certain persons and including effective date and retroactive applicability provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 39A.1, subsection 2, Code 2011, is amended to read as follows:
   2.  The purpose of this chapter is to identify actions which threaten the integrity of the election process and to impose significant sanctions upon persons who intentionally commit those acts. It is the intent of the general assembly that offenses with the greatest potential to affect the election process be vigorously prosecuted and strong punishment meted out through the imposition of felony sanctions which, as a consequence, remove the voting rights of the offenders until such rights are restored by the governor, by the president of the United States, or by operation of law. Other offenses are still considered serious, but based on the factual context in which they arise, they may not rise to the level of offenses to which felony penalties attach. The general assembly also recognizes that instances may arise in which technical infractions of chapters 39 through 53 may occur which do not merit any level of criminal sanction. In such instances, administrative notice from the state or county commissioner of elections is sufficient. Mandates or proscriptions in chapters 39 through 53 which are not specifically included in this chapter shall be considered to be directive only, without criminal sanction.
   Sec. 2.  Section 43.18, subsection 9, Code 2011, is amended to read as follows:
   9.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor,or by the president of the United States, or by operation of law.
   Sec. 3.  Section 43.67, subsection 2, paragraph i, Code 2011, is amended to read as follows:
   i.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor,or by the president of the United States, or by operation of law.
   Sec. 4.  Section 44.3, subsection 2, paragraph i, Code 2011, is amended to read as follows:
   i.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor,or by the president of the United States, or by operation of law.
   Sec. 5.  Section 45.3, subsection 9, Code 2011, is amended to read as follows:
   9.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor,or by the president of the United States, or by operation of law.
   Sec. 6.  Section 48A.6, subsection 1, Code 2011, is amended to read as follows:
   1.  A person who has been convicted of a felony as defined in section 701.7, or convicted of an offense classified as a felony under federal law. If the person’s rights are later restored by the governor, or by the president of the United States, pursuant to section 914.8, or by a pardon issued by the governor or the president of the United States, the person may register to vote.
   Sec. 7.  Section 57.1, subsection 2, paragraph c, Code 2011, is amended to read as follows:
   c.  That prior to the election the incumbent had been duly convicted of a felony, as defined in section 701.7, and that the judgment had not been reversed, annulled, or set aside, nor the incumbent pardoned by the governor or the president of the United States or restored to the rights of citizenship by the governor under chapter 914 pursuant to section 914.8, at the time of the election.
   Sec. 8.  Section 99B.1, subsection 13, paragraph a, subparagraph (3), Code 2011, is amended to read as follows:
   (3)  The applicant has not been convicted of a felony. However, if the applicant’s conviction occurred more than five years before the date of the application for a license, and if the applicant’s rights of citizenship have been restored by the governor pursuant to sections 914.1 through 914.6, the director of the department may determine that the applicant is an eligible applicant.
   Sec. 9.  Section 123.3, subsection 26, paragraph d, Code 2011, is amended to read as follows:
   d.  The person has not been convicted of a felony. However, if the person’s conviction of a felony occurred more than five years before the date of the application for a license or permit, and if the person’s rights of citizenship have been restored by the governor pursuant to sections 914.1 through 914.6, the administrator may determine that the person is of good moral character notwithstanding such conviction.
   Sec. 10.  Section 161A.5, subsection 3, paragraph b, Code 2011, is amended to read as follows:
   b.  Every candidate shall file with the nomination papers an affidavit stating the candidate’s name, the candidate’s residence, that the person is a candidate and is eligible for the office of commissioner, and that if elected the candidate will qualify for the office. The affidavit shall also state that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor,or by the president of the United States, or by operation of law.
   Sec. 11.  Section 277.4, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  Signers of nomination petitions shall include their addresses and the date of signing, and must reside in the same director district as the candidate if directors are elected by the voters of a director district, rather than at-large. A person may sign nomination petitions for more than one candidate for the same office, and the signature is not invalid solely because the person signed nomination petitions for one or more other candidates for the office. The petition shall be filed with the affidavit of the candidate being nominated, stating the candidate’s name, place of residence, that such person is a candidate and is eligible for the office the candidate seeks, and that if elected the candidate will qualify for the office. The affidavit shall also state that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor,or by the president of the United States, or by operation of law.
   Sec. 12.  Section 376.4, subsection 2, paragraph b, Code 2011, is amended to read as follows:
   b.  The petition must include the affidavit of the individual for whom it is filed, stating the individual’s name, the individual’s residence, that the individual is a candidate and eligible for the office, and that if elected the individual will qualify for the office. The affidavit shall also state that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor,or by the president of the United States, or by operation of law.
   Sec. 13.  Section 914.2, Code 2011, is amended to read as follows:
   914.2  Right of application.
   Except as otherwise provided in section 902.2 or 914.8, a person convicted of a criminal offense has the right to make application to the board of parole for recommendation or to the governor for a reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restoration of rights of citizenship at any time following the conviction.
   Sec. 14.  NEW SECTION.  914.8  Restoration of right to register and to vote.
   1.  A person convicted of a felony criminal offense who has been discharged from probation under section 907.9, discharged from parole or work release under section 906.15, or who is released from confinement under section 902.6 because the person has completed the person’s term of confinement shall have the right to register to vote and to vote restored in the manner provided in this section.
   2.  Upon complete discharge from criminal sentence, including any accompanying term of probation, parole, or supervised release, the department of corrections or judicial district department of correctional services, whichever is applicable, shall provide written notice to the inmate, parolee, or probationer of the person’s discharge which shall include a voter registration form and a statement that the person’s right to register to vote and to vote has been restored.
   3.  The department of corrections shall monthly provide a list of all persons discharged from confinement or supervision to the state registrar of voters who shall provide the information to the county registrars of voters as deemed necessary.
   4.  Offenders may still make application for a restoration of citizenship rights pursuant to this chapter. All such applications, unless withdrawn, shall be processed as required by this chapter.
   5.  This section shall not relieve an offender of any unpaid restitution, fine, or other obligation resulting from conviction.
   Sec. 15.  EFFECTIVE UPON ENACTMENT AND RETROACTIVE APPLICABILITY.  This Act, being deemed of immediate importance, takes effect upon enactment and applies retroactively to January 14, 2011.
EXPLANATION
   This bill requires that, upon the complete discharge from certain criminal sentences, citizenship rights related to voting and qualification for public office, must be restored.
   The bill requires that the right to register to vote and to vote be restored for any individual who has been completely discharged from criminal sentence, including any accompanying term of probation, parole, or supervised release. The restoration of citizenship rights provided for under the bill shall only extend to the right to register to vote and to vote, and would not include any other citizenship rights. The bill would not relieve the individual of unpaid restitution, fines, or other obligations resulting from conviction within the terms or conditions of a criminal sentence. The bill will not limit an individual’s ability to apply to the governor for a restoration of citizenship rights.
   The bill requires that the department of corrections notify the state registrar of voters upon the complete discharge of criminal sentence for an individual. The bill requires that, where applicable, the judicial district department make the notification.
   The bill takes effect upon enactment and applies retroactively to January 14, 2011.