HF 2145 (LSB 5091YH (2) 86)

HOUSE FILE 2145

BY  MASCHER

(COMPANION TO SF 2001 BY GRONSTAL)

A BILL FOR

An Act relating to the age at which a registered voter is eligible to vote in a primary election.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 48A.5, subsection 2, paragraph c, Code 2016, is amended to read as follows:
   c.  (1)  Be at least eighteen years of age.  However, for purposes of voting in a primary election, an eligible elector shall be at least eighteen years of age on the date of the general election. Completed registration forms shall be accepted from registrants who are at least seventeen and one-half years of age; however,. For an election other than a primary election, the registration shall not be effective until the registrant reaches the age of eighteen. The commissioner of registration shall ensure that the birth date shown on the registration form is at least seventeen and one-half years earlier than the date the registration is processed.
   (2)   A For an election other than a primary election, a registrant who is at least seventeen and one-half years of age and who will be eighteen by the date of a pending election is a registered voter for the pending election for purposes of chapter 53.  For purposes of voting in a primary election under chapter 53, a registrant who will be at least eighteen years of age by the date of the general election is a registered voter for the pending primary election. 
    Sec. 2.  Section 48A.11, subsection 3, Code 2016, is amended to read as follows:
   3.  The following questions and statement regarding eligibility shall be included on forms that may be used for registration by mail:
  [1]  “Are you a citizen of the United States of America?”

  [2]  “Will you be eighteen years of age on or before election day?”

  [3]  “If you checked ‘no’ in response to either of these questions, do not complete this form.  However, for purposes of voting in a primary election, you may complete this form if you are a citizen of the United States of America and you will be at least eighteen years of age on the date of the general election.”
    Sec. 3.  Section 48A.26, subsection 9, Code 2016, is amended to read as follows:
   9.  When a person who is at least seventeen and one-half years of age but less than eighteen years of age registers to vote, the commissioner shall maintain a record of the registration so as to clearly indicate that it will not take effect until the registrant’s eighteenth birthday and that the person is registered and qualifies to vote at any election held on or after that date.  However, for purposes of voting in a primary election, the registration shall take effect immediately if the person will be at least eighteen years of age on the date of the general election.
    Sec. 4.  Section 49.79, subsection 2, paragraph b, Code 2016, is amended to read as follows:
   b.  The For an election other than a primary election, the challenged person is less than eighteen years of age as of the date of the election at which the person is offering to vote.  For a primary election, the challenged person will be less than eighteen years of age on the date of the general election.
    Sec. 5.  Section 49.81, subsection 4, paragraph a, Code 2016, is amended to read as follows:
   a.  (1)  The individual envelopes used for each provisional ballot cast pursuant to subsection 1 shall have space for the voter’s name, date of birth, and address and shall have printed on them the following:
  I am a United States citizen, at least eighteen years of age or, for purposes of voting in the primary election, I will be at least eighteen years of age on the date of the general election. I believe I am a registered voter of this county and I am eligible to vote in this election.

.............

(signature of voter) (date)

   (2)  The following information is to be provided by the precinct election official:
Reason for casting provisional ballot:

.................

.................

                    ...........

                    (signature of precinct 

                    election official)
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill allows a registered voter who is not 18 years of age to vote in a primary election if the voter will be at least 18 years of age on the date of the general election. Current law allows an eligible elector who is at least 17 and one-half years of age to register to vote, but, except for purposes of requesting and voting an absentee ballot, the registration does not become effective until the registrant turns 18 years of age.