House File 293 - Introduced HOUSE FILE 293 BY HEARTSILL , SALMON , HOLT , MOMMSEN , KOOIKER , WILLS , VANDER LINDEN , FISHER , GASSMAN , and SHEETS A BILL FOR An Act relating to elections and voter registration by 1 requiring proof of identification to vote, modifying 2 in-person absentee registration procedures, modifying 3 absentee voting procedures for eligible voters in assisted 4 living programs, creating a criminal offense for falsely 5 swearing certain oaths and affidavits, and including 6 applicability provisions. 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 8 TLSB 2078YH (5) 86 aw/sc

H.F. 293 DIVISION I 1 VOTER IDENTIFICATION REQUIREMENTS 2 Section 1. Section 39A.2, subsection 1, paragraph b, Code 3 2015, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (6) Falsely swears to or affirms an 5 oath required pursuant to section 49.77, subsection 3, or an 6 affidavit pursuant to section 49.81, subsection 5, paragraph 7 “b” . 8 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 9 2015, is amended to read as follows: 10 a. A person who is eligible to register to vote and to vote 11 may register on election day by appearing in person at the 12 polling place for the precinct in which the individual resides 13 and completing a voter registration application, making written 14 oath, and providing proof of identity and residence proof of 15 residence pursuant to paragraph “b” . 16 Sec. 3. Section 48A.7A, subsection 2, Code 2015, is amended 17 to read as follows: 18 2. The oath required in subsection 1 , paragraph “a” , and 19 in paragraph “c” , if applicable, shall be executed on the 20 same piece of paper and attached to the voter registration 21 application. 22 Sec. 4. Section 49.53, subsection 1, Code 2015, is amended 23 to read as follows: 24 1. The commissioner shall not less than four nor more than 25 twenty days before the day of each election, except those for 26 which different publication requirements are prescribed by law, 27 publish notice of the election. The notice shall contain a 28 facsimile of the portion of the ballot containing the first 29 rotation as prescribed by section 49.31, subsection 2 , and 30 shall show the names of all candidates or nominees and the 31 office each seeks, and all public questions, to be voted upon 32 at the election. The sample ballot published as a part of the 33 notice may at the discretion of the commissioner be reduced in 34 size relative to the actual ballot but such reduction shall not 35 -1- LSB 2078YH (5) 86 aw/sc 1/ 16

H.F. 293 cause upper case letters appearing in candidates’ names or in 1 summaries of public measures on the published sample ballot to 2 be less than nine point type. The notice shall also state the 3 date of the election, the hours the polls will be open, that 4 all voters will be required to show proof of identification 5 before casting a ballot, the location of each polling place at 6 which voting is to occur in the election, and the names of the 7 precincts voting at each polling place, but the statement need 8 not set forth any fact which is apparent from the portion of 9 the ballot appearing as a part of the same notice. The notice 10 shall include the full text of all public measures to be voted 11 upon at the election. 12 Sec. 5. Section 49.77, subsection 3, Code 2015, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 3. a. A precinct election official shall require the voter 16 to present for inspection proof of identification before being 17 allowed to vote. 18 b. For purposes of this section, “proof of identification” 19 refers to a document that satisfies all of the following: 20 (1) The document shows the name of the individual to whom 21 the document was issued which shall conform to the name on the 22 election register. 23 (2) The document shows a photograph of the individual to 24 whom it was issued. 25 (3) The document was issued by the government of the 26 United States, the state of Iowa, an Iowa public or private 27 university or college, an Iowa secondary school, or a political 28 subdivision of the state of Iowa. In the case of a document 29 issued by a political subdivision, the document shall be 30 issued not later than the close of voter registration for 31 the applicable election as set forth in section 48A.9 and 32 shall meet all other requirements established by the state 33 commissioner by rule. 34 c. In lieu of paragraph “b” , a person wishing to vote may 35 -2- LSB 2078YH (5) 86 aw/sc 2/ 16

H.F. 293 establish proof of identity by written oath of the person 1 wishing to vote and of an attesting person who provides proof 2 of identification pursuant to paragraph “b” . The oath shall be 3 in the form prescribed by the state commissioner of elections 4 and shall state the identity and attest to the stated identity 5 of the person wishing to vote. The oath must be signed by the 6 attesting person and the person wishing to vote in the presence 7 of the appropriate precinct election official. A person who 8 has signed an oath attesting to a person’s identity as provided 9 in this paragraph is prohibited from signing any further oaths 10 as provided in this paragraph for the same election. The oath 11 shall advise the person wishing to vote and the attesting 12 person that falsely signing such an oath or falsely attesting 13 to a voter’s identity is a class “D” felony. 14 d. The commissioner shall, within forty-five days after 15 each election, review all attestations received under this 16 subsection and if any individual is found to have attested for 17 more than one voter in a particular election, the commissioner 18 shall immediately notify the state commissioner and the county 19 attorney. 20 Sec. 6. Section 49.77, Code 2015, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3A. a. If proof of identification is 23 established under subsection 3, the person shall be allowed to 24 vote. 25 b. If a person is unable or refuses to present proof of 26 identification, or the precinct election official determines 27 the proof of identification presented by the person does 28 not qualify as proof of identification under subsection 29 3, paragraph “b” , or proof of identity under subsection 3, 30 paragraph “c” , the person shall be offered the option to vote a 31 ballot, but only in accordance with section 49.81. 32 Sec. 7. Section 49.77, subsection 4, paragraph a, Code 2015, 33 is amended to read as follows: 34 a. A person whose name does not appear on the election 35 -3- LSB 2078YH (5) 86 aw/sc 3/ 16

H.F. 293 register of the precinct in which that person claims the right 1 to vote shall not be permitted to vote, unless the person 2 affirms that the person is currently registered in the county 3 and presents proof of identity, or the commissioner informs 4 the precinct election officials that an error has occurred 5 and that the person is a registered voter of that precinct , 6 and the person presents proof of identification pursuant to 7 subsection 3 . If the commissioner finds no record of the 8 person’s registration but the person insists that the person 9 is a registered voter of that precinct, the precinct election 10 officials shall allow the person to cast a ballot in the manner 11 prescribed by section 49.81 . 12 Sec. 8. Section 49.81, subsection 1, Code 2015, is amended 13 to read as follows: 14 1. A prospective voter who is prohibited under section 15 48A.8, subsection 4 , section 49.77, subsection 3A, paragraph 16 “b” , section 49.77, subsection 4 , section 49.80 , or section 17 53.19, subsection 3 , or section 53.22, subsection 1, paragraph 18 “d” , from voting except under this section shall be notified by 19 the appropriate precinct election official that the voter may 20 cast a provisional ballot. The voter shall mark the ballot and 21 immediately seal it in an envelope of the type prescribed by 22 subsection 4 . The voter shall deliver the sealed envelope to a 23 precinct election official who shall deposit it in an envelope 24 marked “provisional ballots”. The ballot shall be considered 25 as having been cast in the special precinct established by 26 section 53.20 for purposes of the postelection canvass. 27 Sec. 9. Section 49.81, subsection 2, paragraph b, Code 2015, 28 is amended to read as follows: 29 b. If the person is casting a provisional ballot because 30 the person failed was unable or refused to provide a required 31 form of identification pursuant to section 48A.8, subsection 32 4, section 49.77, subsection 3A, paragraph “b” , section 49.77, 33 subsection 4, or section 53.22, subsection 1, paragraph “d” , a 34 list of the types of acceptable identification and notification 35 -4- LSB 2078YH (5) 86 aw/sc 4/ 16

H.F. 293 that the person must show identification before the ballot can 1 be counted. 2 Sec. 10. Section 49.81, Code 2015, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 5. a. If a voter casts a provisional 5 ballot pursuant to section 49.77, subsection 3A, paragraph 6 “b” , the precinct election official shall indicate on the 7 provisional ballot envelope that the voter is casting a 8 provisional ballot due to the voter’s inability or refusal to 9 present proof of identification. 10 b. At the time a provisional ballot is cast the voter may 11 also execute an affidavit in the form prescribed by the state 12 commissioner which shall be attached to the provisional ballot 13 envelope, affirming that the voter is the person the voter 14 claims to be and further affirming either of the following: 15 (1) The voter is indigent and is unable to obtain proof of 16 identification without the payment of a fee. 17 (2) The voter has a religious objection to being 18 photographed. 19 c. A provisional ballot cast pursuant to section 49.77, 20 subsection 3A, paragraph “b” , which is accompanied by an 21 affidavit executed pursuant to paragraph “b” of this subsection 22 shall be presumed valid by the special precinct board and 23 shall be counted unless additional written statements or 24 documents are delivered to the commissioner’s office prior to 25 the date provisional ballots are considered by the special 26 precinct election board and the special precinct election board 27 determines such additional evidence successfully rebuts the 28 presumption of validity. 29 Sec. 11. Section 53.8, subsection 3, paragraph a, Code 2015, 30 is amended to read as follows: 31 a. When an application for an absentee ballot is received by 32 the commissioner of any county from a registered voter who is a 33 patient in a hospital in that county , a tenant of an assisted 34 living program certified pursuant to section 231C.3 in that 35 -5- LSB 2078YH (5) 86 aw/sc 5/ 16

H.F. 293 county, or a resident of any facility in that county shown to 1 be a health care facility by the list of licenses provided the 2 commissioner under section 135C.29 , the absentee ballot shall 3 be delivered to the voter and returned to the commissioner in 4 the manner prescribed by section 53.22 . 5 Sec. 12. Section 53.10, subsection 2, Code 2015, is amended 6 to read as follows: 7 2. Each person who wishes to vote by absentee ballot at 8 the commissioner’s office shall first sign an application for 9 a ballot including the following information: name, current 10 address, and the election for which the ballot is requested. 11 The person may report a change of address or other information 12 on the person’s voter registration record at that time. The 13 person must also provide proof of identification pursuant to 14 section 49.77, subsection 3, before receiving an absentee 15 ballot. Upon receiving the absentee ballot, the registered 16 voter shall immediately mark the ballot; enclose the ballot in 17 a secrecy envelope, if necessary, and seal it in the envelope 18 marked with the affidavit; subscribe to the affidavit on the 19 reverse side of the envelope; and return the absentee ballot to 20 the commissioner. The commissioner shall record the numbers 21 appearing on the application and affidavit envelope along with 22 the name of the registered voter. If a person does not provide 23 proof of identification as required under this subsection, the 24 person shall be offered the option to vote a provisional ballot 25 pursuant to section 49.77, subsection 3A, paragraph “b” . 26 Sec. 13. Section 53.22, subsection 1, paragraph a, 27 subparagraphs (1) and (2), Code 2015, are amended to read as 28 follows: 29 (1) A registered voter who has applied for an absentee 30 ballot, in a manner other than that prescribed by section 53.10 31 or 53.11 , and who is a resident , tenant, or patient in a health 32 care facility , assisted living program, or hospital located in 33 the county to which the application has been submitted shall 34 be delivered the appropriate absentee ballot by two special 35 -6- LSB 2078YH (5) 86 aw/sc 6/ 16

H.F. 293 precinct election officers, one of whom shall be a member of 1 each of the political parties referred to in section 49.13 , who 2 shall be appointed by the commissioner from the election board 3 panel for the special precinct established by section 53.20 . 4 The special precinct election officers shall be sworn in the 5 manner provided by section 49.75 for election board members, 6 shall receive compensation as provided in section 49.20 , 7 and shall perform their duties during the ten calendar days 8 after the ballots are printed if the commissioner so elects, 9 during the fourteen calendar days preceding the election, and 10 on election day if all ballots requested under section 53.8, 11 subsection 3 , have not previously been delivered and returned. 12 (2) If materials are prepared for the two special precinct 13 election officials, a list shall be made of all voters to whom 14 ballots are to be delivered. The list shall be sent with the 15 officials who deliver the ballots and shall include spaces 16 to indicate whether the person was present at the hospital , 17 assisted living program, or health care facility when the 18 officials arrived, whether the person requested assistance 19 from the officials, whether the person was assisted by another 20 person of the voter’s choice, the time that the ballot was 21 returned to the officials, and any other notes the officials 22 deem necessary. 23 Sec. 14. Section 53.22, subsection 1, paragraph b, Code 24 2015, is amended to read as follows: 25 b. If an applicant under this subsection notifies the 26 commissioner that the applicant will not be available at the 27 health care facility , assisted living program, or hospital 28 address at any time during the ten-day period after the ballots 29 are printed, if applicable, or during the fourteen-day period 30 immediately prior to the election, but will be available there 31 at some other time prior to the election or on election day, 32 the commissioner shall direct the two special precinct election 33 officers to deliver the applicant’s ballot at an appropriate 34 time preceding the election or on election day. If a person 35 -7- LSB 2078YH (5) 86 aw/sc 7/ 16

H.F. 293 who so requested an absentee ballot has been dismissed from the 1 health care facility , assisted living program, or hospital, the 2 special precinct election officers may take the ballot to the 3 voter if the voter is currently residing in the county. 4 Sec. 15. Section 53.22, subsection 1, Code 2015, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. Before receiving a ballot under 7 this subsection, each applicant shall present proof of 8 identification pursuant to section 49.77, subsection 3, to 9 the special precinct election board members. If an applicant 10 is unable to present proof of identification, the applicant 11 shall have an opportunity to execute an affidavit in the form 12 prescribed by the state commissioner of elections affirming 13 that the voter does not have and is unable to obtain proof 14 of identification and that the voter resides in a hospital, 15 assisted living program, or health care facility and is casting 16 a ballot pursuant to this section. If the applicant refuses to 17 execute an affidavit, the voter’s ballot shall be considered a 18 provisional ballot cast pursuant to section 49.81. 19 Sec. 16. Section 53.22, subsections 2, 3, 4, and 6, Code 20 2015, are amended to read as follows: 21 2. Any registered voter who becomes a patient , tenant, or 22 resident of a hospital , assisted living program, or health 23 care facility in the county where the voter is registered to 24 vote within three days prior to the date of any election or on 25 election day may request an absentee ballot during that period 26 or on election day. As an alternative to the application 27 procedure prescribed by section 53.2 , the registered voter 28 may make the request directly to the officers who are 29 delivering and returning absentee ballots under this section . 30 Alternatively, the request may be made by telephone to the 31 office of the commissioner not later than four hours before 32 the close of the polls. If the requester is found to be a 33 registered voter of that county, these officers shall deliver 34 the appropriate absentee ballot to the registered voter in the 35 -8- LSB 2078YH (5) 86 aw/sc 8/ 16

H.F. 293 manner prescribed by this section . 1 3. For any election except a primary or general election 2 or a special election to fill a vacancy under section 69.14 , 3 the commissioner may, as an alternative to subsection 1 , mail 4 an absentee ballot to an applicant under this section to be 5 voted and returned to the commissioner in accordance with this 6 chapter . This subsection only applies to applications for 7 absentee ballots from a single health care facility , assisted 8 living program, or hospital if there are no more than two 9 applications from that facility , assisted living program, or 10 hospital. 11 4. The commissioner shall mail an absentee ballot to a 12 registered voter who has applied for an absentee ballot and 13 who is a patient , tenant, or resident of a hospital , assisted 14 living program, or health care facility outside the county in 15 which the voter is registered to vote. 16 6. Observers representing candidates, political parties, 17 or nonparty political organizations, or observers who are 18 opponents or proponents of a ballot issue to be voted on at 19 the election are prohibited from being present at a hospital , 20 assisted living program, or health care facility during the 21 time the special precinct election officers are delivering 22 absentee ballots to the residents of such hospital or health 23 care facility. 24 Sec. 17. Section 53.22, subsection 5, paragraph a, Code 25 2015, is amended to read as follows: 26 a. If the registered voter becomes a patient , tenant, or 27 resident of a hospital , assisted living program, or health care 28 facility outside the county where the voter is registered to 29 vote within three days before the date of any election or on 30 election day, the voter may designate a person to deliver and 31 return the absentee ballot. The designee may be any person the 32 voter chooses except that no candidate for any office to be 33 voted upon for the election for which the ballot is requested 34 may deliver a ballot under this subsection . The request for 35 -9- LSB 2078YH (5) 86 aw/sc 9/ 16

H.F. 293 an absentee ballot may be made by telephone to the office of 1 the commissioner not later than four hours before the close of 2 the polls. If the requester is found to be a registered voter 3 of that county, the ballot shall be delivered by mail or by the 4 person designated by the voter. An application form shall be 5 included with the absentee ballot and shall be signed by the 6 voter and returned with the ballot. 7 Sec. 18. Section 321.190, subsection 1, paragraph d, Code 8 2015, is amended to read as follows: 9 d. The fee for a nonoperator’s identification card shall 10 be eight dollars and the card shall be valid for a period of 11 eight years from the date of issuance. If an applicant for 12 a nonoperator’s identification card is a foreign national 13 who is temporarily present in this state, the nonoperator’s 14 identification card shall be issued only for the length of time 15 the foreign national is authorized to be present as determined 16 by the department, not to exceed two years. An issuance fee 17 shall not be charged for a person whose driver’s license or 18 driving privilege has been suspended under section 321.210, 19 subsection 1 , paragraph “a” , subparagraph (3), for a person 20 obtaining an identification card to be used under section 21 49.77, subsection 3, for voting purposes, or voluntarily 22 surrendered by the person in lieu of suspension under section 23 321.210, subsection 1 , paragraph “a” . An identification card 24 obtained for voting purposes shall be marked by the department 25 as “For Voting Purposes Only”. 26 DIVISION II 27 CONFORMING PROVISIONS 28 Sec. 19. Section 48A.8, subsection 2, unnumbered paragraph 29 1, Code 2015, is amended to read as follows: 30 An eligible elector who registers by mail and who has 31 not previously voted in an election for federal office in 32 the county of registration shall be required to provide 33 additional identification documents when voting for the first 34 time in the county, unless the registrant provided on the 35 -10- LSB 2078YH (5) 86 aw/sc 10/ 16

H.F. 293 registration form the registrant’s Iowa driver’s license 1 number, or the registrant’s Iowa nonoperator’s identification 2 card number, or the last four numerals of the registrant’s 3 social security number and the driver’s license, nonoperator’s 4 identification, or partial social security number matches 5 an existing state or federal identification record with the 6 same number, name, and date of birth. If the registrant 7 is required to show additional identification under this 8 subsection and votes in person at the polls, or by absentee 9 ballot at the commissioner’s office or at a satellite voting 10 station, the registrant shall provide a current and valid 11 photo identification card, or shall present to the appropriate 12 election official one of the following current documents that 13 shows the name and address of the registrant: 14 Sec. 20. Section 48A.8, subsection 4, Code 2015, is amended 15 to read as follows: 16 4. A registrant under subsection 2 who is required to 17 present additional identification when casting a ballot in 18 person shall be permitted to vote a provisional ballot if the 19 voter does not provide the required additional identification 20 documents pursuant to subsection 2 . If a voter who is required 21 to present such additional identification when casting a ballot 22 votes an absentee ballot by mail, the ballot returned by the 23 voter shall be considered a provisional ballot pursuant to 24 sections 49.81 and 53.31 . 25 Sec. 21. Section 48A.27, subsection 4, paragraph c, 26 subparagraph (2), Code 2015, is amended to read as follows: 27 (2) The notice shall contain a statement in substantially 28 the following form: 29 Information received from the United States postal service 30 indicates that you are no longer a resident of, and therefore 31 not eligible to vote in (name of county) County, Iowa. If this 32 information is not correct, and you still live in (name of 33 county) County, please complete and mail the attached postage 34 paid card at least ten days before the primary or general 35 -11- LSB 2078YH (5) 86 aw/sc 11/ 16

H.F. 293 election and at least eleven days before any other election at 1 which you wish to vote. If the information is correct and you 2 have moved, please contact a local official in your new area 3 for assistance in registering there. If you do not mail in 4 the card, you may be required to show identification before 5 being allowed to vote in (name of county) County. If you do not 6 return the card, and you do not vote in an election in (name 7 of county) County, Iowa, on or before (date of second general 8 election following the date of the notice) your name will be 9 removed from the list of voters in that county. 10 Sec. 22. Section 48A.29, subsection 1, paragraph b, Code 11 2015, is amended to read as follows: 12 b. The notice shall contain a statement in substantially the 13 following form: 14 Information received from the United States postal service 15 indicates that you are no longer a resident of (residence 16 address) in (name of county) County, Iowa. If this information 17 is not correct, and you still live in (name of county) County, 18 please complete and mail the attached postage paid card at 19 least ten days before the primary or general election and at 20 least eleven days before any other election at which you wish 21 to vote. If the information is correct, and you have moved, 22 please contact a local official in your new area for assistance 23 in registering there. If you do not mail in the card, you may 24 be required to show identification before being allowed to vote 25 in (name of county) County. If you do not return the card, and 26 you do not vote in some election in (name of county) County, 27 Iowa, on or before (date of second general election following 28 the date of the notice) your name will be removed from the list 29 of voters in that county. 30 Sec. 23. Section 48A.29, subsection 3, paragraph b, Code 31 2015, is amended to read as follows: 32 b. The notice shall contain a statement in substantially the 33 following form: 34 Information received by this office indicates that you are no 35 -12- LSB 2078YH (5) 86 aw/sc 12/ 16

H.F. 293 longer a resident of (residence address) in (name of county) 1 County, Iowa. If the information is not correct, and you still 2 live at that address, please complete and mail the attached 3 postage paid card at least ten days before the primary or 4 general election and at least eleven days before any other 5 election at which you wish to vote. If the information is 6 correct, and you have moved within the county, you may update 7 your registration by listing your new address on the card and 8 mailing it back. If you have moved outside the county, please 9 contact a local official in your new area for assistance in 10 registering there. If you do not mail in the card, you may be 11 required to show identification before being allowed to vote in 12 (name of county) County. If you do not return the card, and you 13 do not vote in some election in (name of county) County, Iowa, 14 on or before (date of second general election following the 15 date of the notice) your name will be removed from the list of 16 registered voters in that county. 17 DIVISION III 18 APPLICABILITY 19 Sec. 24. APPLICABILITY. This Act applies to elections held 20 on or after January 1, 2017. 21 EXPLANATION 22 The inclusion of this explanation does not constitute agreement with 23 the explanation’s substance by the members of the general assembly. 24 This bill requires that a person provide certain proof of 25 identification at the time that the person votes, modifies 26 proof of identification and proof of residence requirements 27 for election day and in-person absentee registration, modifies 28 absentee voting procedures for eligible voters in assisted 29 living programs, and creates a criminal offense for falsely 30 swearing certain oaths and affidavits. 31 Division I of the bill relates to voter identification 32 requirements. The bill maintains current law allowing a person 33 wishing to register to vote on election day, or in person when 34 voting an absentee ballot, to establish proof of identity 35 -13- LSB 2078YH (5) 86 aw/sc 13/ 16

H.F. 293 and proof of residence by written oath of a person who is 1 registered to vote in the precinct, but requires that the oath 2 of the person wishing to vote and the registered voter’s oath 3 be executed on the same piece of paper. 4 The bill requires that a voter provide proof of 5 identification to a precinct election official before being 6 allowed to vote, and also requires that a person wishing to 7 vote by absentee ballot at a county commissioner of elections 8 office or at a satellite absentee voting station present 9 the same proof of identification. The bill requires that 10 acceptable proof of identification show the name of the 11 individual voter, include a photograph of the voter, and be 12 issued by the government of the United States, the state of 13 Iowa, an Iowa public or private university or college, an Iowa 14 secondary school, or a political subdivision of the state. 15 The bill provides that, in lieu of providing identification 16 in order to vote, a person may establish proof of 17 identification by written oath of the person wishing to vote 18 and of a person who provides their own proof of identification 19 and who attests to the voter’s identity. The bill provides 20 that the oath shall be in the form prescribed by the state 21 commissioner of elections, and that the oath shall state the 22 identity of the person wishing to vote and shall attest to 23 the stated identity of the person wishing to vote. The bill 24 requires that the oath be signed by both the attesting person 25 and the person wishing to vote. The bill makes it a class “D” 26 felony to falsely swear to or affirm an oath pursuant to this 27 provision or to falsely attest to a voter’s identity. The bill 28 requires that the oath advise both persons that falsely stating 29 or attesting to a voter’s identity is a class “D” felony. A 30 class “D” felony is punishable by confinement for no more than 31 five years and a fine of at least $750 but not more than $7,500. 32 The bill provides that an attesting person is prohibited from 33 signing any additional such oaths for the same election. 34 The bill provides that if proof of identification is 35 -14- LSB 2078YH (5) 86 aw/sc 14/ 16

H.F. 293 established the person shall then be allowed to vote. If a 1 person is unable or refuses to present proof of identification, 2 or if the precinct election official determines that the 3 proof of identification does not meet specified requirements, 4 the person shall be offered the option to vote a provisional 5 ballot. If a person is casting a provisional ballot 6 under these circumstances, the person shall receive a 7 printed statement giving notice of the types of acceptable 8 identification and notice that the person is required to show 9 acceptable identification before the provisional ballot can 10 be counted. However, the bill provides that a voter casting 11 a provisional ballot for this reason may execute an affidavit 12 in the form prescribed by the state commissioner of elections, 13 affirming that the voter is the person the voter claims to be 14 and affirming that the voter is either indigent and unable to 15 obtain proof of identification without the payment of a fee or 16 that the voter has a religious objection to being photographed. 17 The bill makes it a class “D” felony to falsify an affidavit 18 that attests to identity. A class “D” felony is punishable by 19 confinement for no more than five years and a fine of at least 20 $750 but not more than $7,500. The bill also provides that 21 any provisional ballot cast accompanied by such an affidavit 22 shall be presumed valid unless additional written statements 23 or documents are delivered to the county commissioner of 24 elections office prior to the date that provisional ballots 25 are considered and the precinct election board determines that 26 such additional evidence successfully rebuts the presumption 27 of validity. 28 The bill also makes changes to the election notice to be 29 published by the county commissioner of elections to require 30 that election notices include a statement that all voters will 31 be required to show proof of identification before casting a 32 ballot. 33 The bill requires that persons residing in a hospital or 34 health care facility who apply to vote by absentee ballot shall 35 -15- LSB 2078YH (5) 86 aw/sc 15/ 16

H.F. 293 present proof of identification. If the applicant is unable to 1 present proof of identification, the applicant shall be able 2 to execute an affidavit in the form prescribed by the state 3 commissioner of elections, stating that the applicant does not 4 have and is unable to obtain proof of identification and that 5 the applicant resides in a hospital or health care facility. 6 If the applicant refuses to execute such an affidavit and is 7 unable to present proof of identification, the voter is allowed 8 to cast a provisional ballot. The bill further extends all 9 provisions applying to balloting by residents of a health 10 care facility and hospital patients to include tenants of an 11 assisted living program. 12 The bill also provides that a person obtaining a 13 nonoperator’s identification card for the purpose of voting 14 shall not be charged for the issuance of the nonoperator’s 15 identification card. The bill requires that nonoperator’s 16 identification cards issued to serve as proof of identification 17 for voting be labeled by the department as “For Voting Purposes 18 Only”. 19 Division II of the bill makes conforming changes to certain 20 required notices on forms related to voter registration and 21 registration by mail. 22 Division III of the bill provides that the bill applies to 23 elections held on or after January 1, 2017. 24 -16- LSB 2078YH (5) 86 aw/sc 16/ 16