House File 2303 - Introduced HOUSE FILE 2303 BY LENSING A BILL FOR An Act relating to electronic voter registration by requiring 1 the implementation of a statewide electronic voter 2 registration system. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5807YH (5) 86 aw/sc
H.F. 2303 Section 1. Section 47.7, Code 2016, is amended by adding the 1 following new subsection: 2 NEW SUBSECTION . 3. a. The state registrar of voters shall, 3 in consultation with the state voter registration commission 4 and the department of transportation, implement in a uniform 5 and nondiscriminatory manner, a single, official, centralized, 6 interactive, statewide electronic voter registration system, 7 accessible to the public through an internet site created and 8 maintained by the state registrar of voters. The internet site 9 shall allow an applicant who is an eligible elector qualified 10 to register to vote under section 48A.5, subsection 2, to 11 submit a completed electronic voter registration form under 12 section 48A.11. The internet site shall allow an applicant 13 to elect to provide one of any form of electronic signatures 14 consistent with the definition of that term in section 48A.13. 15 The internet site shall, at least to the extent required, 16 be created and maintained in compliance with the federal 17 Rehabilitation Act of 1973, title II of the federal Americans 18 with Disabilities Act of 1990, and the federal ADA Amendments 19 Act of 2008. 20 b. An eligible elector who registers to vote through the 21 interactive statewide electronic voter registration system and 22 who has not previously voted in an election for federal office 23 in the county of registration shall be treated as a registrant 24 by mail and is subject to the provisions of section 48A.8, 25 subsections 2, 3, and 4. 26 c. A county commissioner of registration may obtain 27 immediate electronic access to the information contained in the 28 statewide electronic voter registration system for the purposes 29 of registering an applicant to vote. The state registrar 30 shall provide such support as may be required to enable county 31 commissioners of registration to electronically access the 32 information on the statewide electronic voter registration 33 system on an expedited basis. 34 d. The state registrar shall prescribe by rule the 35 -1- LSB 5807YH (5) 86 aw/sc 1/ 4
H.F. 2303 procedures for access to the statewide electronic voter 1 registration system, security requirements, and access 2 protocols for adding, changing, or deleting information from 3 the statewide electronic voter registration system. 4 Sec. 2. Section 48A.9, Code 2016, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 3A. A registration form submitted through 7 the statewide electronic voter registration system implemented 8 pursuant to section 47.7, subsection 3, shall be considered on 9 time if it is submitted to the system prior to 12:00 midnight 10 on the day after the last day to register to vote for an 11 election. 12 Sec. 3. Section 48A.13, Code 2016, is amended to read as 13 follows: 14 48A.13 Electronic signatures on voter registration records. 15 Electronic signatures shall be accepted. However, 16 before the use of electronic signatures is accepted on voter 17 registration forms, the state voter registration commission 18 shall prescribe by rule the technological requirements 19 for guaranteeing the security and integrity of electronic 20 signatures. For the purposes of this section, “electronic 21 signatures” includes each of the following: 22 1. An electronic signature provided in a manner consistent 23 with the definition of that term in section 554D.103. 24 2. An electronic signature obtained from the department of 25 transportation pursuant to section 48A.36. 26 3. A tangible symbol that evidences the signing of the 27 applicant’s name that is uploaded by the applicant in an 28 electronic medium. 29 Sec. 4. Section 48A.26, subsections 4 and 5, Code 2016, are 30 amended to read as follows: 31 4. If the registrant applied by mail or through the 32 statewide electronic voter registration system implemented 33 pursuant to section 47.7, subsection 3, to register to vote 34 and did not answer either “yes” or “no” to the question in 35 -2- LSB 5807YH (5) 86 aw/sc 2/ 4
H.F. 2303 section 48A.11, subsection 3 , paragraph “a” , the application 1 shall be processed. If the application is complete and proper 2 in all other respects and information on the application is 3 verified, as required by section 48A.25A , the applicant shall 4 be registered to vote and sent an acknowledgment. 5 5. If the registrant applied by mail or through the 6 statewide electronic voter registration system implemented 7 pursuant to section 47.7, subsection 3, to register to vote and 8 answered “no” to the question in section 48A.11, subsection 3 , 9 paragraph “a” , the application shall not be processed. The 10 acknowledgment shall advise the applicant that the registration 11 has been rejected because the applicant indicated on the 12 registration form that the applicant is not a citizen of the 13 United States. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to electronic voter registration. The 18 bill requires the state registrar of voters (secretary of 19 state) to implement a statewide electronic voter registration 20 system (system) and requires that certain electronic signatures 21 be accepted for voter registration purposes. 22 The secretary of state is required to implement a single, 23 official, centralized, interactive system in consultation with 24 the state voter registration commission and the department 25 of transportation. The bill requires that the system be 26 accessible to the public through an internet site created and 27 maintained by the secretary of state. The internet site shall 28 allow an applicant who is qualified to register to vote to 29 submit a completed electronic voter registration application 30 form. The internet site is required to be created and 31 maintained in compliance with the federal Rehabilitation Act of 32 1973, title II of the federal Americans with Disabilities Act 33 (ADA) of 1990, and the federal ADA Amendments Act of 2008. 34 The internet site is also required to allow an applicant 35 -3- LSB 5807YH (5) 86 aw/sc 3/ 4
H.F. 2303 to elect to provide any one of three forms of electronic 1 signatures, including: (1) An electronic sound, symbol, or 2 process attached to or logically associated with a record 3 and executed or adopted by a person with the intent to sign 4 the record; (2) An electronic signature obtained from the 5 department of transportation; and (3) A tangible symbol that 6 evidences the signing of the applicant’s name that is uploaded 7 by the applicant in an electronic medium. 8 Under the bill, a county commissioner of registration 9 (county auditor) is permitted to obtain immediate electronic 10 access to the information contained in the system for 11 the purposes of registering an applicant to vote and the 12 applicant’s registration is considered to be the date that the 13 applicant submits a completed application through the system. 14 The bill also requires the secretary of state to provide 15 technical support to county auditors. 16 Under the bill, an eligible elector who registers to vote 17 through the interactive statewide electronic voter registration 18 system and who has not previously voted in an election for 19 federal office is required to be treated in the same manner as 20 a registrant by mail, by being required to present or provide 21 photocopies of specified identification or documents. Also in 22 the same manner as a registrant by mail, the ballot of a voter 23 is considered to be a provisional ballot if the voter fails 24 to provide identification or documentation. The bill makes 25 additional conforming provisions related to acknowledgments 26 mailed upon receipt of registration forms. 27 -4- LSB 5807YH (5) 86 aw/sc 4/ 4