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: 3 TLSB 1882XC (4) 86 aw/sc
S.F. _____ 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 -1- LSB 1882XC (4) 86 aw/sc 1/ 7
S.F. _____ 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 35 -2- LSB 1882XC (4) 86 aw/sc 2/ 7
S.F. _____ 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 -3- LSB 1882XC (4) 86 aw/sc 3/ 7
S.F. _____ 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. 35 -4- LSB 1882XC (4) 86 aw/sc 4/ 7
S.F. _____ 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 35 -5- LSB 1882XC (4) 86 aw/sc 5/ 7
S.F. _____ 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 35 -6- LSB 1882XC (4) 86 aw/sc 6/ 7
S.F. _____ 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. 20 -7- LSB 1882XC (4) 86 aw/sc 7/ 7