Senate File 2278 - Introduced SENATE FILE 2278 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 3130) A BILL FOR An Act permitting electronic voter registration and including 1 penalties and effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5061SV (1) 85 aw/sc
S.F. 2278 Section 1. Section 39A.2, subsection 1, paragraph a, 1 subparagraph (2), Code 2014, is amended to read as follows: 2 (2) Falsely swears to an oath required pursuant to section 3 48A.7A or section 48A.8A . 4 Sec. 2. NEW SECTION . 48A.8A Electronic registration. 5 1. An eligible elector may apply to register to vote by 6 electronic means by completing and submitting an electronic 7 voter registration form provided through the state commissioner 8 of elections’ internet site. A commissioner of registration’s 9 internet site may provide an electronic link to the electronic 10 voter registration form provided under this subsection. 11 2. An electronic voter registration form completed pursuant 12 to this section shall require that a registrant: 13 a. Provide the information as required pursuant to section 14 48A.11. 15 b. Have an Iowa driver’s license, Iowa nonoperator’s 16 identification card, a social security number, or an 17 identification number provided pursuant to section 48A.11, 18 subsection 8. 19 c. Attest to a statement that lists each eligibility 20 requirement, that the registrant meets all of the requirements, 21 and requires the electronic signature of the registrant, 22 consistent with electronic signatures as defined in section 23 554D.103. 24 d. Sign the electronic voter registration form in a manner 25 consistent with electronic signatures as defined in section 26 554D.103. 27 e. Affirmatively authorize the state commissioner of 28 elections to use the registrant’s signature obtained from 29 the department of transportation or from a commissioner of 30 registration for voter registration purposes. 31 f. In order for a registrant to register under this section, 32 the state commissioner of elections shall verify that the Iowa 33 driver’s license number, Iowa nonoperator’s identification card 34 number, last four numerals of the registrant’s social security 35 -1- LSB 5061SV (1) 85 aw/sc 1/ 5
S.F. 2278 number, or the unique identifying number, and date of birth 1 provided by the registrant match the information contained in 2 department of transportation records or in commissioner of 3 registration records. 4 3. a. The department of transportation shall, upon 5 request, provide to the state commissioner of elections a copy 6 of the registrant’s signature in electronic format, if the 7 registrant’s signature is on record with the department of 8 transportation. 9 b. A commissioner of registration shall, upon request, 10 provide to the state commissioner of elections a copy of 11 the registrant’s signature in electronic format, if the 12 registrant’s signature is accepted and on record with the 13 commissioner of registration pursuant to section 48A.13. 14 4. a. The state commissioner of elections shall transmit 15 to the appropriate commissioner of registration a registrant’s 16 completed voter registration form and electronic signature not 17 later than five business days after the date of electronic 18 submission of the form by the registrant. 19 b. The state commissioner of elections shall notify the 20 registrant by mail within five business days if a copy of 21 the registrant’s signature cannot be obtained by the state 22 commissioner of elections in electronic format pursuant to 23 subsection 3. The state commissioner of elections shall 24 include a voter registration form with the notice. 25 5. A voter registration form completed under this section 26 shall be accompanied by the following statement featured 27 prominently on the internet site in boldface capital letters: 28 WARNING: I UNDERSTAND THAT ANY FALSE STATEMENT IN THIS OATH 29 IS A CLASS “D” FELONY PUNISHABLE BY NO MORE THAN FIVE YEARS IN 30 CONFINEMENT AND A FINE OF AT LEAST SEVEN HUNDRED FIFTY DOLLARS 31 BUT NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS. 32 6. An eligible elector who registers pursuant to this 33 section and who has not previously voted in an election for 34 federal office in the county of registration shall be treated 35 -2- LSB 5061SV (1) 85 aw/sc 2/ 5
S.F. 2278 as a registrant by mail and is subject to the provisions of 1 section 48A.8, subsections 2 through 4. 2 Sec. 3. Section 48A.27, subsection 2, paragraph a, Code 3 2014, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (6) A voter registration form submitted 5 as provided in section 48A.8A. 6 Sec. 4. EFFECTIVE DATE. This Act takes effect January 1, 7 2015. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill permits electronic voter registration from the 12 state commissioner of elections’ internet site. 13 The bill allows an eligible elector to apply to register 14 to vote by electronic means by completing and submitting an 15 electronic voter registration form provided on the internet 16 site for the secretary of state as the state commissioner of 17 elections. 18 The bill requires that an electronic voter registration 19 form provide all information that is currently required on 20 printed voter registration forms. The bill also requires that 21 a registrant seeking to use the electronic voter registration 22 form have an Iowa driver’s license, Iowa nonoperator’s 23 identification card, a social security number, or a unique 24 identifying number assigned to the registrant for voter 25 registration purposes. 26 The bill requires that a registrant attest to a statement 27 that lists each voter registration eligibility requirement, 28 that the registrant meets all of the requirements, and requires 29 the electronic signature of the registrant, consistent with 30 Code section 554D.103, as part of the uniform electronic 31 transactions Act. The bill further requires that a registrant 32 sign the electronic voter registration form in a manner 33 consistent with that Code section. 34 The bill requires that the registrant authorize the 35 -3- LSB 5061SV (1) 85 aw/sc 3/ 5
S.F. 2278 state commissioner of elections to use the applicant’s 1 signature obtained from the department of transportation or a 2 commissioner of registration for voter registration purposes. 3 The state commissioner of elections is required to notify a 4 registrant by mail within five business days if a copy of the 5 registrant’s signature cannot be obtained and is required to 6 include a voter registration form with that notice. 7 The bill requires that the state commissioner of elections 8 verify that the Iowa driver’s license, Iowa nonoperator’s 9 identification card, last four numerals of the registrant’s 10 social security number, or unique identifying number, and date 11 of birth provided by the registrant match the information 12 contained in department of transportation records or in 13 commissioner of registration records. The bill requires the 14 state commissioner of elections to transmit to the appropriate 15 commissioner of registration a registrant’s completed voter 16 registration application and electronic signature not later 17 than five business days after the date of submission of the 18 application and signature. 19 The bill requires that the electronic registration form be 20 accompanied by a statement featured prominently in boldface 21 capital letters informing the registrant of the penalty 22 for providing false information on a voter registration 23 application. 24 The bill also requires that an electronic voter registration 25 registrant who has not previously voted in an election for 26 federal office in the county of registration must follow the 27 voting requirements of Code section 48A.8 for registrants 28 submitting applications by mail under current law and who have 29 not previously voted in an election for federal office in the 30 county of registration. These provisions under current law 31 require that a mail registrant who has not previously voted in 32 an election for federal office in the county of registration 33 shall be required to provide identification documents when 34 voting for the first time in the county, unless the registrant 35 -4- LSB 5061SV (1) 85 aw/sc 4/ 5
S.F. 2278 provided on the registration form the registrant’s Iowa 1 driver’s license number, the registrant’s Iowa nonoperator’s 2 identification card number, or the last four numerals of the 3 registrant’s social security number and such information 4 provided matches an existing state or federal identification 5 record with the same number, name, and date of birth. Code 6 section 48A.8 also provides that a registrant who votes in 7 person at the polls or by absentee ballot at the commissioner’s 8 office or at a satellite voting station shall provide a form of 9 identification specified in that Code section. Code section 10 48A.8 also requires that if a registrant is voting for the 11 first time following mail registration and votes an absentee 12 ballot by mail, the registrant shall provide a photocopy of the 13 identification document when returning the absentee ballot. 14 Code section 48A.8 also allows a registrant voting in person 15 for the first time following submission of a registration form 16 by mail to vote a provisional ballot if the voter does not 17 provide the required identification documents. 18 The bill extends the category for the crime of voter 19 registration fraud to include fraudulent electronic 20 registration. Registration fraud is a class “D” felony. A 21 class “D” felony is punishable by confinement for no more than 22 five years and a fine of at least $750 but not more than $7,500. 23 The bill takes effect January 1, 2015. 24 -5- LSB 5061SV (1) 85 aw/sc 5/ 5