S.F. 2099 Section 1. Section 48A.7, Code 2016, is amended to read as 1 follows: 2 48A.7 Registration in person. 3 An eligible elector may register to vote by appearing 4 personally and completing a voter registration form at the 5 office of the commissioner in the county in which the person 6 resides, at a motor vehicle driver’s license station, including 7 any county treasurer’s office that is participating in county 8 issuance of driver’s licenses under chapter 321M , or at any 9 voter registration agency. A For paper registration forms, 10 a separate voter registration form shall be signed by each 11 individual registrant. 12 Sec. 2. Section 48A.8, subsection 1, Code 2016, is amended 13 to read as follows: 14 1. An eligible elector may request that a voter registration 15 form be mailed to the elector. The completed form may be 16 mailed or delivered by the registrant or the registrant’s 17 designee to the commissioner in the county where the person 18 resides or to the state commissioner of elections for a 19 program participant, as provided in section 9E.6 . A For paper 20 registration forms, a separate voter registration form shall be 21 signed by each individual registrant. 22 Sec. 3. Section 48A.18, subsections 1 and 3, Code 2016, are 23 amended to read as follows: 24 1. Each state motor vehicle driver’s license application, 25 including any renewal application or application for a 26 nonoperator’s identification card, submitted to the office 27 of driver services of the state department of transportation 28 shall serve as an application for voter registration unless 29 the commissioner of registration determines that the applicant 30 is not an eligible elector or the applicant declines to 31 register to vote after receiving notification under subsection 32 4A . A completed application or paper voter registration 33 form submitted to the office of driver services of the state 34 department of transportation shall be considered to update any 35 -1- LSB 5106XS (6) 86 aw/sc 1/ 9

S.F. 2099 previous voter registration by the registrant. 1 3. Information relating to the refusal decision of an 2 applicant for a driver’s license to apply decline to register 3 to vote shall not be used for any purpose other than voter 4 registration. 5 Sec. 4. Section 48A.18, subsection 4, Code 2016, is amended 6 by striking the subsection and inserting in lieu thereof the 7 following: 8 4. a. The state voter registration commission shall 9 establish schedules by which the department of transportation 10 shall transmit to the state registrar of voters electronic 11 records containing the legal name, age, residence, and 12 citizenship information for, and the electronic signature of, 13 each person submitting an application under this section. 14 b. The state voter registration commission shall establish 15 schedules by which the state registrar of voters shall make 16 accessible or transmit electronic records and electronic 17 signatures received under paragraph “a” to the appropriate 18 commissioner of registration. 19 c. The state voter registration commission shall establish 20 schedules by which the department of transportation shall 21 transmit any completed paper registration forms to the 22 appropriate commissioner of registration. 23 d. The state commissioner of elections shall adopt rules, 24 consistent with section 9E.6, for the registration of address 25 confidentiality program participants. 26 e. The state voter registration commission shall adopt 27 rules pursuant to chapter 17A to administer and interpret this 28 section, including rules to establish electronic and paper 29 forms and all procedures used by the office of driver services 30 for voter registration purposes, rules to establish schedules 31 for transmission of electronic records, electronic signatures, 32 and completed paper voter registration forms, and rules and 33 forms to decline being registered to vote. 34 Sec. 5. Section 48A.18, Code 2016, is amended by adding the 35 -2- LSB 5106XS (6) 86 aw/sc 2/ 9

S.F. 2099 following new subsection: 1 NEW SUBSECTION . 4A. a. (1) Upon receiving the electronic 2 record for, and electronic signature of, a person under 3 subsection 4, the state registrar of voters shall transmit or 4 otherwise make accessible the electronic record and electronic 5 signature of the person to the commissioner of registration 6 where the person resides. Upon reviewing the electronic record 7 received from the state registrar of voters, along with any 8 other relevant information, the commissioner of registration 9 shall determine if a person is an eligible elector of the 10 county. If the commissioner determines that a person is an 11 eligible elector of the county and is not registered to vote in 12 that county, the commissioner shall notify the person of the 13 separate processes to decline being registered to vote or to 14 declare a political party affiliation. 15 (2) If the person is registered to vote in the county, the 16 commissioner shall use the electronic record and information to 17 update the person’s voter registration if appropriate. 18 b. If a person notified under paragraph “a” does not decline 19 to be registered to vote within twenty-one calendar days after 20 the commissioner of registration issues the notification, the 21 person’s electronic record and electronic signature shall 22 constitute a completed voter registration form under section 23 48A.11, and the commissioner of registration shall register the 24 person to vote in that county. The commissioner shall send an 25 acknowledgment pursuant to section 48A.26. 26 c. A commissioner of registration shall not add a person 27 subject to registration under this subsection to a voter 28 registration list until at least twenty-one calendar days 29 after the commissioner has issued notification to the person 30 as described in paragraph “a” . 31 d. The electronic record and electronic signature, received 32 under this subsection, of a person who does not qualify 33 as an eligible elector shall not constitute a completed 34 voter registration form under section 48A.11 and such a 35 -3- LSB 5106XS (6) 86 aw/sc 3/ 9

S.F. 2099 person’s application for a driver’s license or nonoperator’s 1 identification card shall not be considered to be a voter 2 registration application for purposes of section 39A.2, 3 subsection 1, paragraph “a” . 4 Sec. 6. Section 48A.21, Code 2016, is amended to read as 5 follows: 6 48A.21 Transmission of forms from agencies and driver’s 7 license stations . 8 The state registrar of voters shall adopt administrative 9 rules regulating the transmission of completed voter 10 registration forms from voter registration agencies and from 11 driver’s license stations, including county treasurer’s offices 12 participating in county issuance of driver’s licenses under 13 chapter 321M . All completed voter registration applications 14 in the possession of a voter registration agency , a driver’s 15 license station, or a county treasurer’s office that is 16 participating in county issuance of driver’s licenses at 5:00 17 p.m. on the last workday of each week shall be transmitted 18 to the location designated by the state registrar of voters 19 by rule. Procedures or requirements for more frequent 20 transmissions may be specified by rule. 21 Sec. 7. Section 48A.26, subsection 1, paragraph b, Code 22 2016, is amended to read as follows: 23 b. (1) For a voter registration form or change of 24 information in a voter registration record submitted at a 25 precinct caucus, the commissioner shall send an acknowledgment 26 within forty-five days of receipt of the form or change of 27 information. 28 (2) For a voter registration application or change of 29 information in a voter registration record completed pursuant 30 to section 48A.18, subsection 4A, the commissioner shall send 31 an acknowledgment within seven working days of the person being 32 registered under that subsection. 33 Sec. 8. Section 48A.26, subsection 8, Code 2016, is amended 34 to read as follows: 35 -4- LSB 5106XS (6) 86 aw/sc 4/ 9

S.F. 2099 8. An A completed voter registration application, 1 improperly transmitted under section 48A.18, subsection 4A, or 2 an improperly addressed or delivered registration form shall be 3 transmitted or forwarded to the appropriate county commissioner 4 of registration within two working days after it is received by 5 any other official. The date of registration shall be the date 6 the completed application or registration form was received by 7 the first official. If the registration form was postmarked 8 fifteen or more days before an election and the registration 9 form was received by the first official after the close of 10 registration, the registration form shall be considered on time 11 for the election. 12 Sec. 9. Section 48A.36, subsection 1, Code 2016, is amended 13 to read as follows: 14 1. Voter registration agencies and the office of driver 15 services of the state department of transportation may 16 electronically transmit registration data to the state 17 registrar of voters, who shall distribute the information, 18 electronically or otherwise, to the appropriate commissioner 19 in accordance with rules of the state voter registration 20 commission and the state registrar of voters. The office of 21 driver services of the state department of transportation 22 shall electronically transmit registration data to the state 23 registrar of voters as required pursuant to section 48A.18. 24 The state agency originating the registration data shall 25 permanently retain an electronic copy of the form completed 26 by the registrant, including the registrant’s signature, and 27 shall develop procedures for the retrieval and printing of 28 that electronic document. A printed copy of an electronic 29 registration document shall be made only upon the agency’s 30 receipt of a court order. 31 Sec. 10. Section 331.557A, subsection 5, Code 2016, is 32 amended to read as follows: 33 5. Participate in voter registration according to the 34 terms of chapter 48A , and submit completed voter registration 35 -5- LSB 5106XS (6) 86 aw/sc 5/ 9

S.F. 2099 forms to the state registrar of voters appropriate county 1 commissioner of registration . 2 Sec. 11. EMERGENCY RULES. The state voter registration 3 commission and the department of transportation may adopt 4 emergency rules under section 17A.4, subsection 3, and section 5 17A.5, subsection 2, paragraph “b”, to implement the provisions 6 of this Act and the rules shall be effective immediately upon 7 filing unless a later date is specified in the rules. Any 8 rules adopted in accordance with this section shall also be 9 published as a notice of intended action as provided in section 10 17A.4. 11 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection 12 3, shall not apply to this Act. 13 Sec. 13. EFFECTIVE UPON ENACTMENT. This Act, being deemed 14 of immediate importance, takes effect upon enactment. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to voter registration by allowing 19 registration of eligible electors to vote following review 20 of electronic records received from driver’s license and 21 nonoperator’s identification card applications by county 22 commissioners of registration (county auditors). 23 The bill requires that the office of driver services of the 24 department of transportation transmit to the state registrar of 25 voters (the secretary of state) electronic records containing 26 the legal name, age, residence, and citizenship information 27 for, and the electronic signature of, each person submitting 28 an application for a driver’s license or nonoperator’s 29 identification card, or any renewal application. Current Code 30 section 321.182 requires that an application for a license 31 or card include an applicant’s full name, signature, current 32 mailing address, current residential address, date of birth, 33 social security number, and other information. Under current 34 administrative rules of the state department of transportation, 35 -6- LSB 5106XS (6) 86 aw/sc 6/ 9

S.F. 2099 an applicant for a license or card is required to provide proof 1 of lawful status in the United States. Also under current 2 administrative rules, a person’s signature for a driver’s 3 license or nonoperator’s identification card application is 4 required to be captured electronically. Under current law, 5 a county treasurer’s office participating in county issuance 6 of driver’s licenses is required to participate in voter 7 registration to the same extent as a license facility of the 8 state department of transportation. 9 The bill requires the state registrar of voters to transmit 10 the electronic records and electronic signatures to the county 11 commissioner of registration of the county where the person 12 resides. The bill requires that the county commissioner review 13 the electronic record and any other relevant information to 14 determine if a person is an eligible elector. If the county 15 commissioner determines a person to be an eligible elector 16 and the person is not registered to vote in the county, the 17 county commissioner is required to notify the person of the 18 separate processes to decline to register to vote or to declare 19 a political party affiliation. If a notified person fails to 20 decline voter registration within 21 days after the county 21 commissioner issued the notification, the bill provides that 22 the electronic record and electronic signature shall constitute 23 a completed voter registration form for that person and the 24 bill requires the county commissioner to register the person to 25 vote in that county and send the person an acknowledgment as 26 required by current law. 27 The bill prohibits a county commissioner from adding a 28 person’s name to a voter registration list until at least 21 29 days after the commissioner has issued notification to the 30 person. The bill requires that a county commissioner send an 31 acknowledgment of registration within seven business days of 32 registering a person under the bill. The bill also provides 33 that the electronic record and electronic signature of a person 34 who does not qualify as an eligible elector does not constitute 35 -7- LSB 5106XS (6) 86 aw/sc 7/ 9

S.F. 2099 a completed voter registration form. Under the bill, such a 1 person submitting an application for a license or card will 2 not be subject to charges for voter registration fraud under 3 section 39A.2 for submitting such an application. 4 The bill also grants the state voter registration commission 5 the authority to adopt rules to administer and interpret the 6 provisions of the bill relating to voter registration at motor 7 vehicle driver’s license stations. If interpretive rulemaking 8 authority is clearly vested in the discretion of an agency by 9 statute, the applicable judicial standard of review is whether 10 the rules constitute an irrational, illogical, or wholly 11 unjustifiable interpretation of law by the agency (Code section 12 17A.19(10)(l)). If interpretive rulemaking authority is not 13 clearly vested in the discretion of an agency, the applicable 14 judicial standard of review is whether the rules constitute an 15 erroneous interpretation of law (Code section 17A.19(10)(c)). 16 The bill makes changes to current law related to address 17 confidentiality program participants under Code chapter 18 9E by requiring the state registrar to adopt rules for 19 administration of registration for those participants. The 20 bill maintains current law to allow for submission of a paper 21 voter registration form through driver’s license offices. The 22 bill specifies that a requirement that separate registration 23 forms be signed by each individual registrant only applies to 24 paper registration forms. Under the bill, driver’s license 25 offices are required to transmit voter registration forms 26 to the appropriate county commissioner and to transmit all 27 electronic records and electronic signatures to the state 28 registrar of voters. 29 The bill provides that the state voter registration 30 commission and the department of transportation may adopt 31 emergency rules to implement the provisions of the bill. Under 32 current law, the state registrar of voters is required to 33 establish rules regulating transmission of voter registration 34 forms from driver’s license stations. Under the bill, such 35 -8- LSB 5106XS (6) 86 aw/sc 8/ 9

S.F. 2099 rules are required to be established by the state commission. 1 The bill may include a state mandate as defined in Code 2 section 25B.3. The bill makes inapplicable Code section 25B.2, 3 subsection 3, which would relieve a political subdivision from 4 complying with a state mandate if funding for the cost of 5 the state mandate is not provided or specified. Therefore, 6 political subdivisions are required to comply with any state 7 mandate included in the bill. 8 The bill takes effect upon enactment. 9 -9- LSB 5106XS (6) 86 aw/sc 9/ 9