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