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 TLSB 1882SV (3) 86 aw/sc
S.F. 331 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 -1- LSB 1882SV (3) 86 aw/sc 1/ 7
S.F. 331 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, 35 -2- LSB 1882SV (3) 86 aw/sc 2/ 7
S.F. 331 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 35 -3- LSB 1882SV (3) 86 aw/sc 3/ 7
S.F. 331 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 35 -4- LSB 1882SV (3) 86 aw/sc 4/ 7
S.F. 331 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 35 -5- LSB 1882SV (3) 86 aw/sc 5/ 7
S.F. 331 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 35 -6- LSB 1882SV (3) 86 aw/sc 6/ 7
S.F. 331 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. 13 -7- LSB 1882SV (3) 86 aw/sc 7/ 7