Senate
File
331
-
Introduced
SENATE
FILE
331
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
SSB
1152)
A
BILL
FOR
An
Act
permitting
electronic
voter
registration
and
including
1
penalties
and
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
39A.2,
subsection
1,
paragraph
a,
1
subparagraph
(2),
Code
2015,
is
amended
to
read
as
follows:
2
(2)
Falsely
swears
to
an
oath
required
pursuant
to
section
3
48A.7A
or
section
48A.8A
.
4
Sec.
2.
NEW
SECTION
.
48A.8A
Electronic
registration.
5
1.
An
eligible
elector
may
apply
to
register
to
vote
by
6
electronic
means
by
completing
and
submitting
an
electronic
7
voter
registration
form
accessible
to
the
registrant
through
8
the
state
commissioner’s
internet
site,
maintained
by
the
9
state
commissioner
in
cooperation
with
the
department
of
10
transportation.
Each
commissioner
of
registration’s
internet
11
site
shall
provide
an
electronic
link
to
the
electronic
voter
12
registration
form
on
the
state
commissioner’s
internet
site
13
provided
under
this
subsection.
14
2.
Each
internet
site
described
in
this
section
and
the
15
electronic
voter
registration
form
accessible
through
the
state
16
commissioner’s
internet
site
shall
meet
the
requirements
of
29
17
U.S.C.
§794d
and
42
U.S.C.
§12131
et
seq.
to
ensure
access
to
18
and
usability
for
eligible
electors
with
disabilities.
The
19
state
commissioner
shall
consult
with
accessibility
experts
20
in
developing
the
electronic
voter
registration
form
provided
21
under
this
section.
The
state
commissioner
shall
present
the
22
electronic
voter
registration
form
and
the
state
commissioner’s
23
internet
site
to
the
clinical
law
program
for
disability
law
at
24
the
university
of
Iowa
to
verify
conformity
of
those
electronic
25
materials
with
the
requirements
of
this
subsection.
26
3.
An
electronic
voter
registration
form
completed
pursuant
27
to
this
section
shall
require
that
a
registrant:
28
a.
Provide
the
information
and
attestation
required
pursuant
29
to
section
48A.11.
30
b.
Provide
an
Iowa
driver’s
license
number,
an
Iowa
31
nonoperator’s
identification
card
number,
or
a
social
security
32
number.
33
c.
Attest
to
a
statement
that
lists
each
eligibility
34
requirement
and
affirm
that
the
registrant
meets
all
of
the
35
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requirements.
1
d.
Affirmatively
authorize
the
state
commissioner
to
use
2
the
registrant’s
signature
obtained
from
the
department
of
3
transportation
if
the
registrant
has
a
current
and
valid
4
driver’s
license
or
nonoperator’s
identification
card
that
was
5
issued
by
the
department.
6
e.
Affirmatively
authorize
the
state
commissioner
to
use
the
7
digitally
typed
signature
obtained
pursuant
to
section
48A.13
8
if
the
applicant
does
not
have
a
current
and
valid
driver’s
9
license
or
nonoperator’s
identification
card
that
was
issued
by
10
the
department
of
transportation.
11
f.
If
a
registrant
submits
an
electronic
voter
registration
12
form
after
the
voter
registration
deadline
under
section
13
48A.9,
the
state
commissioner
shall,
immediately
following
14
the
submission,
provide
the
registrant
with
notice
through
15
the
state
commissioner’s
internet
site
of
election
day
and
16
in-person
absentee
registration
procedures
under
section
17
48A.7A.
If
the
state
commissioner
is
required
to
provide
18
notice
under
this
paragraph,
the
state
commissioner
shall
also
19
send
a
notice
by
mail
advising
the
registrant
of
election
day
20
and
in-person
absentee
registration
procedures
under
section
21
48A.7A.
22
g.
The
electronic
registration
form
developed
by
the
state
23
commissioner
shall
provide
a
registrant
with
the
ability
to
24
print
the
form
for
completion
and
submission
to
the
appropriate
25
commissioner
of
registration.
26
4.
a.
The
department
of
transportation
shall,
upon
request,
27
provide
to
the
state
commissioner
a
copy
of
the
registrant’s
28
signature
in
electronic
format
if
the
registrant’s
signature
is
29
on
record
with
the
department
of
transportation.
30
b.
A
voter
registration
agency
shall,
upon
request,
provide
31
to
the
state
commissioner
a
copy
of
the
registrant’s
signature
32
in
electronic
format
if
the
registrant’s
signature
is
on
record
33
with
that
agency.
34
c.
A
commissioner
of
registration
shall,
upon
request,
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provide
to
the
state
commissioner
a
copy
of
the
registrant’s
1
signature
in
electronic
format
if
the
registrant’s
signature
is
2
accepted
and
on
record
with
the
commissioner
of
registration
3
pursuant
to
section
48A.13.
4
5.
The
state
commissioner
and
the
department
of
5
transportation
shall
transmit
to
the
appropriate
commissioner
6
of
registration
a
registrant’s
completed
voter
registration
7
form
not
later
than
the
next
business
day
following
the
8
registrant’s
electronic
submission
of
the
form
or
by
the
next
9
applicable
voter
registration
deadline
under
section
48A.9,
10
whichever
is
earlier.
11
6.
An
electronic
voter
registration
form
completed
under
12
this
section
shall
be
accompanied
by
the
following
statement
13
featured
prominently
on
the
internet
site
in
boldface
capital
14
letters
prior
to
submission
of
the
form:
15
WARNING:
I
UNDERSTAND
THAT
ANY
FALSE
STATEMENT
IN
THIS
OATH
16
IS
A
CLASS
“D”
FELONY
PUNISHABLE
BY
NO
MORE
THAN
FIVE
YEARS
IN
17
CONFINEMENT
AND
A
FINE
OF
AT
LEAST
SEVEN
HUNDRED
FIFTY
DOLLARS
18
BUT
NOT
MORE
THAN
SEVEN
THOUSAND
FIVE
HUNDRED
DOLLARS.
19
7.
An
eligible
elector
who
registers
pursuant
to
this
20
section
and
who
has
not
previously
voted
in
an
election
for
21
federal
office
in
the
county
of
registration
shall
be
treated
22
as
a
registrant
by
mail
and
is
subject
to
the
provisions
of
23
section
48A.8,
subsections
2
through
4.
24
8.
For
the
purposes
of
this
section:
25
a.
“Digitally
typed
signature”
means
the
registrant’s
26
electronic
signature
that
is
made
by
typing
the
registrant’s
27
name
and
the
current
date
and
provided
by
the
registrant
28
to
affirmatively
verify
the
truthfulness
and
legitimacy
of
29
the
information
provided
by
the
registrant
on
the
completed
30
electronic
voter
registration
form.
31
b.
“State
commissioner”
means
the
state
commissioner
of
32
elections.
33
c.
“Voter
registration
agency”
means
a
voter
registration
34
agency
under
section
48A.19
or
voter
registration
agencies
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designated
by
another
state
pursuant
to
42
U.S.C.
§1973gg-1.
1
Sec.
3.
Section
48A.13,
Code
2015,
is
amended
to
read
as
2
follows:
3
48A.13
Electronic
signatures
on
voter
registration
records.
4
Electronic
Digitally
typed
signatures
shall
be
accepted.
5
However,
before
the
use
of
electronic
signatures
is
accepted
6
on
voter
registration
forms,
the
state
voter
registration
7
commission
shall
prescribe
by
rule
the
technological
8
requirements
for
guaranteeing
the
security
and
integrity
9
of
electronic
signatures.
The
state
voter
registration
10
commission
may
adopt
rules
to
require
a
registrant,
in
order
11
to
submit
an
electronic
voter
registration
form
pursuant
to
12
section
48A.8A,
to
affirmatively
verify
the
truthfulness
and
13
legitimacy
of
the
information
provided
by
the
registrant
on
a
14
completed
electronic
voter
registration
form.
The
state
voter
15
registration
commission
may
prescribe
by
rule
additional
means
16
of
providing
an
electronic
signature
on
voter
registration
17
forms.
18
Sec.
4.
Section
48A.27,
subsection
1,
Code
2015,
is
amended
19
to
read
as
follows:
20
1.
Any
voter
registration
form
received
by
any
voter
21
registration
agency,
driver’s
license
station,
including
22
county
treasurer’s
offices
participating
in
county
issuance
of
23
driver’s
licenses
under
chapter
321M
,
the
state
commissioner
24
of
elections
or
the
department
of
transportation
pursuant
to
25
section
48A.8A,
or
the
commissioner
shall
be
considered
as
26
updating
the
registrant’s
previous
registration.
27
Sec.
5.
Section
48A.27,
subsection
2,
paragraph
a,
Code
28
2015,
is
amended
by
adding
the
following
new
subparagraph:
29
NEW
SUBPARAGRAPH
.
(6)
A
voter
registration
form
submitted
30
as
provided
in
section
48A.8A.
31
Sec.
6.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
32
2016.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
permits
electronic
voter
registration,
electronic
2
updating
of
voter
registration
information,
and
electronic
3
correction
of
voter
registration
information,
all
from
the
4
state
commissioner
of
elections’
internet
site.
5
The
bill
allows
an
eligible
elector
to
apply
to
register
to
6
vote
or
allows
a
registered
voter
to
update
or
correct
voter
7
registration
information
by
electronic
means
by
completing
and
8
submitting
an
electronic
voter
registration
form
accessible
9
to
the
registrant
on
the
internet
site
for
the
secretary
of
10
state,
serving
as
the
state
commissioner
of
elections.
The
11
bill
also
requires
that
the
state
commissioner
of
elections
12
maintain
the
internet
site
in
cooperation
with
the
department
13
of
transportation.
14
The
bill
requires
that
an
electronic
voter
registration
15
form
provide
space
for
all
the
information
that
is
currently
16
required
on
printed
voter
registration
forms.
The
bill
also
17
requires
that
a
registrant
seeking
to
use
the
electronic
voter
18
registration
form
provide
an
Iowa
driver’s
license
number,
Iowa
19
nonoperator’s
identification
card
number,
or
a
social
security
20
number.
21
The
bill
requires
that
a
registrant
attest
to
a
statement
22
that
lists
each
voter
registration
eligibility
requirement,
23
that
the
registrant
meets
all
of
the
requirements,
and
requires
24
the
electronic
signature
of
the
registrant
as
described
in
the
25
bill.
26
The
bill
requires
that
the
registrant
authorize
the
state
27
commissioner
of
elections
to
use
the
applicant’s
signature
28
obtained
from
the
department
of
transportation.
29
The
state
commissioner
of
elections
is
required
to
notify
a
30
registrant
by
mail
within
five
business
days
if
a
copy
of
the
31
registrant’s
signature
cannot
be
obtained
and
is
required
to
32
include
a
voter
registration
form
with
that
notice.
33
The
bill
requires
that
a
registrant
authorize
the
state
34
commissioner
of
elections
to
use
a
digitally
typed
signature
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under
certain
circumstances
and
provides
a
definition.
1
The
bill
requires
the
state
commissioner
of
elections
to
2
transmit
to
the
appropriate
commissioner
of
registration
a
3
registrant’s
completed
voter
registration
application
and
4
electronic
signature
not
later
than
the
next
business
day
after
5
the
date
of
submission
of
the
application
and
signature
or
by
6
the
next
applicable
voter
registration
deadline,
whichever
is
7
earlier.
8
The
bill
requires
that
the
electronic
registration
form
be
9
accompanied
by
a
statement
featured
prominently
in
boldface
10
capital
letters
informing
the
registrant
of
the
penalty
11
for
providing
false
information
on
a
voter
registration
12
application.
13
The
bill
also
requires
that
an
electronic
voter
registration
14
registrant
who
has
not
previously
voted
in
an
election
for
15
federal
office
in
the
county
of
registration
must
follow
the
16
voting
requirements
of
Code
section
48A.8
for
registrants
17
submitting
applications
by
mail
under
current
law
and
who
18
have
not
previously
voted
in
an
election
for
federal
office
19
in
the
county
of
registration.
Code
section
48A.8
requires
20
that
a
mail
registrant
who
has
not
previously
voted
in
an
21
election
for
federal
office
in
the
county
of
registration
is
22
required
to
provide
identification
documents
when
voting
for
23
the
first
time
in
the
county,
unless
the
registrant
provided
on
24
the
registration
form
the
registrant’s
Iowa
driver’s
license
25
number,
the
registrant’s
Iowa
nonoperator’s
identification
26
card
number,
or
the
last
four
numerals
of
the
registrant’s
27
social
security
number
and
such
information
provided
matches
28
an
existing
state
or
federal
identification
record
with
the
29
same
number,
name,
and
date
of
birth.
Code
section
48A.8
30
also
provides
that
a
registrant
who
votes
in
person
at
the
31
polls
or
by
absentee
ballot
at
the
commissioner’s
office
32
or
at
a
satellite
voting
station
shall
provide
a
form
of
33
identification
specified
in
that
Code
section.
Code
section
34
48A.8
also
requires
that
if
a
registrant
is
voting
for
the
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first
time
following
mail
registration
and
votes
an
absentee
1
ballot
by
mail,
the
registrant
shall
provide
a
photocopy
of
the
2
identification
document
when
returning
the
absentee
ballot.
3
Code
section
48A.8
also
allows
a
registrant
voting
in
person
4
for
the
first
time
following
submission
of
a
registration
form
5
by
mail
to
vote
a
provisional
ballot
if
the
voter
does
not
6
provide
the
required
identification
documents.
7
The
bill
provides
that
the
crime
of
voter
registration
fraud
8
includes
fraudulent
electronic
registration.
Registration
9
fraud
is
a
class
“D”
felony.
A
class
“D”
felony
is
punishable
10
by
confinement
for
no
more
than
five
years
and
a
fine
of
at
11
least
$750
but
not
more
than
$7,500.
12
The
bill
takes
effect
January
1,
2016.
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