HF 28 (LSB 1574YH (3) 86)

HOUSE FILE 28

BY  WESSEL-KROESCHELL

A BILL FOR

An Act permitting electronic voter registration and including penalties and effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 39A.2, subsection 1, paragraph a, subparagraph (2), Code 2015, is amended to read as follows:
   (2)  Falsely swears to an oath required pursuant to section 48A.7A or section 48A.8A.
    Sec. 2.  NEW SECTION.  48A.8A  Electronic registration.
   1.  An eligible elector may apply to register to vote by electronic means by completing and submitting an electronic voter registration form provided through the state commissioner of elections’ internet site. A county commissioner of registration’s internet site may provide an electronic link to the electronic voter registration form provided under this subsection.
   2.  An electronic voter registration form completed pursuant to this section shall require that a registrant:
   a.  Provide the information as required pursuant to section 48A.11.
   b.  Have an Iowa driver’s license, Iowa nonoperator’s identification card, a social security number, or an identification number provided pursuant to section 48A.11, subsection 8.
   c.  Attest to a statement that lists each eligibility requirement, that the registrant meets all of the requirements, and acknowledges that the registrant is required to provide an electronic signature, consistent with electronic signatures as defined in section 554D.103, to complete registration under this section.
   d.  Sign the electronic voter registration form in a manner consistent with electronic signatures as defined in section 554D.103.
   e.  Affirmatively authorize the state commissioner of elections to use the registrant’s signature obtained from the department of transportation or from a commissioner of registration for voter registration purposes.
   f.  In order for a registrant to register under this section, the state commissioner of elections shall verify that the Iowa driver’s license number, Iowa nonoperator’s identification card number, last four numerals of the registrant’s social security number, or the unique identifying number, and date of birth provided by the registrant match the information contained in department of transportation records or in commissioner of registration records. 
   3.  a.  The department of transportation shall, upon request, provide to the state commissioner of elections a copy of the registrant’s signature in electronic format, if the registrant’s signature is on record with the department of transportation.
   b.  A commissioner of registration shall, upon request, provide to the state commissioner of elections a copy of the registrant’s signature in electronic format, if the registrant’s signature is accepted and on record with the commissioner of registration pursuant to section 48A.13.
   4.  a.  The state commissioner of elections shall transmit to the appropriate commissioner of registration a registrant’s completed voter registration form and electronic signature not later than five business days after the date of electronic submission of the form by the registrant.
   b.  The state commissioner of elections shall notify the registrant by mail within five business days if a copy of the registrant’s signature cannot be obtained by the state commissioner of elections in electronic format pursuant to subsection 3. The state commissioner of elections shall include a voter registration form with the notice.
   5.  An electronic voter registration form completed under this section shall be accompanied by the following statement featured prominently on the internet site in boldface capital letters:
  WARNING: I UNDERSTAND THAT ANY FALSE STATEMENT IN THIS OATH IS A CLASS “D” FELONY PUNISHABLE BY NO MORE THAN FIVE YEARS IN CONFINEMENT AND A FINE OF AT LEAST SEVEN HUNDRED FIFTY DOLLARS BUT NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS.

   6.  An eligible elector who registers pursuant to this section and who has not previously voted in an election for federal office in the county of registration shall be treated as a registrant by mail and is subject to the provisions of section 48A.8, subsections 2 through 4.
    Sec. 3.  Section 48A.27, subsection 2, paragraph a, Code 2015, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (6)  A voter registration form submitted as provided in section 48A.8A.
    Sec. 4.  EFFECTIVE DATE.  This Act takes effect January 1, 2016.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill permits electronic voter registration from the state commissioner of elections’ internet site.
   The bill allows an eligible elector to apply to register to vote by electronic means by completing and submitting an electronic voter registration form provided on the internet site for the state commissioner of elections (secretary of state).
   The bill requires that an electronic voter registration form provide all information that is currently required on printed voter registration forms. The bill also requires that a registrant seeking to use the electronic voter registration form have an Iowa driver’s license, Iowa nonoperator’s identification card, a social security number, or a unique identifying number assigned to the registrant for voter registration purposes.
   The bill requires that a registrant attest to a statement that lists each voter registration eligibility requirement, that the registrant meets all of the requirements, and acknowledges that the registrant must provide an electronic signature, consistent with the definition of that term in Code chapter 554D (electronic transactions —— computer agreements) as part of the uniform electronic transactions Act. The bill further requires that a registrant sign the electronic voter registration form using such an electronic signature.
   The bill requires that the registrant authorize the state commissioner of elections to use the applicant’s signature obtained from the department of transportation or a commissioner of registration for voter registration purposes. The state commissioner of elections is required to notify a registrant by mail within five business days if a copy of the registrant’s signature cannot be obtained and is required to include a voter registration form with that notice.
   The bill requires that the state commissioner of elections verify that the Iowa driver’s license, Iowa nonoperator’s identification card, last four numerals of the registrant’s social security number, or unique identifying number, and date of birth provided by the registrant match the information contained in department of transportation records or in commissioner of registration records. The bill requires the state commissioner of elections to transmit to the appropriate commissioner of registration a registrant’s completed voter registration application and electronic signature not later than five business days after the date of submission of the application and signature.
   The bill requires that the electronic registration form be accompanied by a statement featured prominently in boldface capital letters informing the registrant of the penalty for providing false information on a voter registration application.
   The bill also requires that an electronic voter registration registrant who has not previously voted in an election for federal office in the county of registration must follow the voting requirements of Code section 48A.8 for registrants submitting applications by mail under current law and who have not previously voted in an election for federal office in the county of registration. These provisions under current law require that a mail registrant who has not previously voted in an election for federal office in the county of registration shall be required to provide identification documents when voting for the first time in the county, unless the registrant provided on the registration form the registrant’s Iowa driver’s license number, the registrant’s Iowa nonoperator’s identification card number, or the last four numerals of the registrant’s social security number and such information provided matches an existing state or federal identification record with the same number, name, and date of birth. Code section 48A.8 also provides that a registrant who votes in person at the polls or by absentee ballot at the commissioner’s office or at a satellite voting station shall provide a form of identification specified in that Code section. Code section 48A.8 also requires that if a registrant is voting for the first time following mail registration and votes an absentee ballot by mail, the registrant shall provide a photocopy of the identification document when returning the absentee ballot. Code section 48A.8 allows a registrant voting in person for the first time following submission of a registration form by mail to vote a provisional ballot if the voter does not provide the required identification documents.
   The bill extends the category for the crime of voter registration fraud to include fraudulent electronic registration. Registration fraud is a class “D” felony. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.
   The bill takes effect January 1, 2016.