House
File
2252
-
Introduced
HOUSE
FILE
2252
BY
COMMITTEE
ON
STATE
GOVERNMENT
(SUCCESSOR
TO
HSB
551)
A
BILL
FOR
An
Act
relating
to
programs
and
activities
administered
by
the
1
secretary
of
state,
including
the
safe
at
home
program,
2
special
election
dates,
candidate
and
voter
registration
3
filing
requirements,
election
audits,
voting
systems,
4
and
civil
office
vacancies,
and
including
effective
date
5
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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Section
1.
Section
9E.2,
subsection
6,
paragraph
b,
Code
1
2018,
is
amended
to
read
as
follows:
2
b.
For
purposes
of
this
subsection
,
a
person
determined
to
3
be
a
sexually
violent
predator
pursuant
to
section
229A.7
,
a
4
person
required
to
register
as
a
sex
offender
under
chapter
5
692A,
or
a
person
determined
to
be
a
sexually
violent
predator
6
or
required
to
register
as
a
sex
offender
pursuant
to
similar
7
law
laws
of
another
state
is
not
an
eligible
person.
8
Sec.
2.
Section
39.2,
subsection
4,
paragraph
c,
Code
2018,
9
is
amended
to
read
as
follows:
10
c.
For
a
school
district
or
merged
area,
in
the
odd-numbered
11
year,
the
first
Tuesday
in
February,
the
first
Tuesday
in
12
April,
the
last
Tuesday
in
June,
or
the
second
Tuesday
in
13
September.
For
a
school
district
or
merged
area,
in
the
14
even-numbered
year,
the
first
Tuesday
in
February,
the
first
15
Tuesday
in
April,
the
second
Tuesday
in
September,
or
the
first
16
second
Tuesday
in
December.
17
Sec.
3.
Section
44.4,
subsection
2,
paragraph
a,
18
subparagraph
(1),
Code
2018,
is
amended
to
read
as
follows:
19
(1)
Those
filed
with
the
state
commissioner,
not
less
than
20
seventy-four
sixty-eight
days
before
the
date
of
the
election.
21
Sec.
4.
Section
48A.2,
Code
2018,
is
amended
by
adding
the
22
following
new
subsection:
23
NEW
SUBSECTION
.
1A.
“Document”
means,
for
purposes
of
24
satisfying
proof
of
residence
under
this
chapter,
information
25
that
is
inscribed
on
a
tangible
medium
or
that
is
stored
in
an
26
electronic
record
and
is
retrievable
in
perceivable
form.
27
Sec.
5.
Section
48A.30,
subsection
1,
paragraph
a,
Code
28
2018,
is
amended
to
read
as
follows:
29
a.
The
registered
voter
dies.
For
the
purposes
of
this
30
subsection
,
the
commissioner
may
accept
as
evidence
of
death
a
31
notice
from
the
state
registrar
of
vital
statistics
forwarded
32
by
the
state
registrar
of
voters,
a
written
statement
from
a
33
member
of
the
registered
voter’s
household
person
related
to
34
the
registered
voter
within
the
second
degree
of
consanguinity
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or
first
degree
of
affinity
,
an
obituary
in
a
newspaper
or
1
that
appears
on
the
internet
site
of
a
funeral
establishment
2
licensed
under
chapter
156
or
by
the
proper
authority
of
3
another
state
,
a
written
statement
from
an
election
official
4
or
personal
representative
of
the
registered
voter’s
estate
,
5
or
a
notice
from
the
county
recorder
of
the
county
where
the
6
registered
voter
died.
7
Sec.
6.
Section
48A.7A,
subsection
1,
paragraph
c,
Code
8
2018,
is
amended
to
read
as
follows:
9
c.
In
lieu
of
paragraph
“b”
,
a
person
wishing
to
vote
may
10
establish
identity
and
residency
in
the
precinct
by
written
11
oath
of
a
person
who
is
registered
to
vote
in
the
precinct.
12
Before
signing
an
oath
under
this
paragraph,
the
attesting
13
registered
voter
shall
present
to
the
precinct
election
14
official
proof
of
the
voter’s
identity,
as
described
in
section
15
49.78,
subsection
2
or
3
.
The
registered
voter’s
oath
shall
16
attest
to
the
stated
identity
of
the
person
wishing
to
vote
17
and
that
the
person
is
a
current
resident
of
the
precinct.
18
The
oath
must
be
signed
by
the
attesting
registered
voter
in
19
the
presence
of
the
appropriate
precinct
election
official.
20
A
registered
voter
who
has
signed
an
oath
on
election
day
21
attesting
to
a
person’s
identity
and
residency
as
provided
in
22
this
paragraph
is
prohibited
from
signing
any
further
oaths
as
23
provided
in
this
paragraph
on
that
day.
24
Sec.
7.
Section
49.78,
subsection
5,
Code
2018,
is
amended
25
to
read
as
follows:
26
5.
The
form
of
the
written
oath
required
of
a
registered
27
voter
attesting
to
the
identity
and
residency
of
the
voter
28
unable
to
present
a
form
of
identification
shall
read
as
29
follows:
30
I,
......
(name
of
attesting
registered
voter),
do
solemnly
31
swear
or
affirm
all
of
the
following:
32
I
am
a
preregistered
voter
in
this
precinct
or
I
registered
to
33
vote
in
this
precinct
today,
and
a
registered
voter
did
not
34
sign
an
oath
on
my
behalf.
I
have
not
signed
will
not
sign
more
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than
one
oath
two
oaths
attesting
to
the
identity
and
residence
1
of
any
other
person
in
this
election.
2
I
am
a
resident
of
the
...
precinct,
...
ward
or
township,
3
city
of
.....,
county
of
.....,
Iowa.
4
I
reside
at
.......
(street
address)
in
.....
(city
or
5
township).
6
I
personally
know
.....
(name
of
voter),
and
I
personally
know
7
that
.....
(name
of
voter)
is
a
resident
of
the
...
precinct,
8
.....
ward
or
township,
city
of
.....,
county
of
.....,
Iowa.
9
I
understand
that
any
false
statement
in
this
oath
is
a
class
10
“D”
felony
punishable
by
no
more
than
five
years
in
confinement
11
and
a
fine
of
at
least
seven
hundred
fifty
dollars
but
not
more
12
than
seven
thousand
five
hundred
dollars.
13
.............
14
Signature
of
Attesting
Registered
Voter
15
Subscribed
and
sworn
before
me
on
.....
(date).
16
.............
17
Signature
of
Precinct
Election
Official
18
Sec.
8.
Section
50.51,
subsection
2,
Code
2018,
is
amended
19
to
read
as
follows:
20
2.
The
state
commissioner
shall
determine
the
number
of
21
counties
and
precincts
to
be
audited
and
shall
select
the
22
precincts
to
be
audited
by
lot.
The
absentee
ballot
and
23
special
voters
precinct
for
each
county,
established
pursuant
24
to
section
53.20
,
shall
be
included
with
all
other
precincts
of
25
the
county
for
selection
by
lot.
In
every
precinct
selected,
26
the
commissioner
shall
conduct
a
hand
count
of
all
ballots
cast
27
in
the
preceding
general
election
for
president
of
the
United
28
States
or
governor,
as
the
case
may
be.
The
hand
count
shall
29
be
observed
by
a
representative
selected
by
each
of
the
two
30
political
parties
whose
candidates
received
the
highest
number
31
of
votes
statewide
in
the
preceding
general
election
may
be
of
32
less
than
all
ballots
cast,
in
accordance
with
rules
adopted
by
33
the
state
commissioner
.
34
a.
A
representative
selected
by
each
of
the
two
political
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parties
whose
candidates
received
the
highest
number
of
votes
1
statewide
in
the
preceding
general
election
shall
be
invited
2
to
observe
the
hand
count.
The
commissioner
shall
notify
the
3
county
chairperson
of
each
political
party
a
minimum
of
two
4
days
before
the
hand
count
of
the
time
and
place
of
the
hand
5
count.
6
b.
If
an
invited
representative
does
not
appear
at
the
hand
7
count,
the
commissioner
shall
notify
the
state
commissioner.
8
Sec.
9.
Section
52.4,
subsection
2,
Code
2018,
is
amended
9
to
read
as
follows:
10
2.
At
least
one
of
the
examiners
shall
have
been
trained
11
in
computer
programming
and
operations
or
cybersecurity
.
12
The
other
two
members
shall
be
directly
involved
in
the
13
administration
of
elections
and
shall
have
experience
in
the
14
use
of
optical
scan
voting
systems.
15
Sec.
10.
Section
53.10,
subsection
2,
Code
2018,
is
amended
16
to
read
as
follows:
17
2.
a.
Each
person
who
wishes
to
vote
by
absentee
ballot
18
at
the
commissioner’s
office
shall
first
sign
an
application
19
for
a
ballot
including
the
following
information:
name,
20
current
address,
voter
verification
number,
and
the
election
21
for
which
the
ballot
is
requested.
The
person
may
report
a
22
change
of
address
or
other
information
on
the
person’s
voter
23
registration
record
at
that
time.
The
registered
voter
shall
24
immediately
mark
the
ballot;
enclose
the
ballot
in
a
secrecy
25
envelope,
if
necessary,
and
seal
it
in
the
envelope
marked
26
with
the
affidavit;
subscribe
to
the
affidavit
on
the
reverse
27
side
of
the
envelope;
and
return
the
absentee
ballot
to
the
28
commissioner.
The
commissioner
shall
record
the
numbers
29
appearing
on
the
application
and
affidavit
envelope
along
with
30
the
name
of
the
registered
voter.
31
b.
For
purposes
of
this
subsection,
“voter
verification
32
number”
means
the
registered
voter’s
driver’s
license
number
33
or
nonoperator’s
identification
card
number
assigned
to
the
34
voter
by
the
department
of
transportation
or
the
registered
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voter’s
identification
number
assigned
to
the
voter
by
the
1
state
commissioner
pursuant
to
section
47.7,
subsection
2.
2
Sec.
11.
Section
69.2,
subsection
1,
paragraph
f,
Code
2018,
3
is
amended
to
read
as
follows:
4
f.
The
conviction
of
the
incumbent
of
a
felony
,
an
5
aggravated
misdemeanor,
or
of
any
public
offense
involving
the
6
violation
of
the
incumbent’s
oath
of
office.
7
Sec.
12.
EFFECTIVE
DATE.
This
Act,
being
deemed
of
8
immediate
importance,
takes
effect
upon
enactment.
9
EXPLANATION
10
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
11
the
explanation’s
substance
by
the
members
of
the
general
assembly.
12
This
bill
alters
the
laws
governing
the
safe
at
home
program,
13
elections,
voter
registration,
and
civil
office
vacancies.
14
The
bill
bars
a
person
who
is
a
registered
sex
offender
15
pursuant
to
Code
chapter
692A
from
enrolling
in
the
safe
at
16
home
program,
which
prevents
the
addresses
of
survivors
of
17
domestic
violence,
sexual
assault,
trafficking,
stalking,
or
18
violent
crimes
from
appearing
on
public
records
by
providing
19
substitute
addresses.
20
The
bill
also
moves
the
permissible
December
special
21
election
date
for
school
districts
or
merged
areas
in
22
even-numbered
years
from
the
first
to
the
second
Tuesday
of
23
the
month
in
order
to
resolve
a
potential
conflict
with
the
24
prohibition
on
special
elections
being
held
on
the
first
four
25
Tuesdays
following
a
general
election.
26
The
bill
changes
the
deadline
for
filing
an
objection
to
the
27
legal
sufficiency
of
a
certificate
of
nomination
or
nomination
28
petition
or
the
eligibility
of
a
candidate
from
74
to
68
days
29
before
an
election.
30
The
bill
defines
“document”
for
the
purpose
of
proving
31
residency
under
Code
chapter
48A
(voter
registration)
to
32
explicitly
allow
the
use
of
documents
in
an
electronic
format.
33
The
bill
alters
the
type
of
evidence
sufficient
to
cancel
34
a
voter’s
registration
following
the
voter’s
death.
The
bill
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allows
the
county
commissioner
of
registration
to
accept
as
1
proof
of
death
a
written
statement
from
the
registered
voter’s
2
family
member
within
the
second
degree
of
consanguinity
or
3
first
degree
of
affinity,
an
obituary
posted
on
the
internet
4
site
of
a
funeral
establishment
licensed
in
Iowa
or
another
5
state,
or
a
written
statement
from
the
personal
representative
6
of
the
registered
voter’s
estate.
7
The
bill
allows
a
voter
who
registers
on
election
day
by
8
providing
sufficient
proof
of
identity
to
attest
for
another
9
individual’s
identity
pursuant
to
Code
section
48A.7A(1)(c).
10
The
bill
also
allows
a
registered
voter
to
attest
for
the
11
identity
of
two
people
on
election
day
rather
than
one.
12
The
bill
alters
the
process
by
which
the
state
commissioner
13
of
elections
conducts
election
audits.
The
bill
removes
14
the
current
requirement
that
all
ballots
in
precincts
to
be
15
audited
be
counted
by
hand.
The
bill
also
allows
the
hand
16
count
to
continue
in
the
absence
of
one
or
both
invited
party
17
representatives,
so
long
as
the
party
representatives
receive
18
two
days’
notice
and
the
county
commissioner
of
elections
19
informs
the
state
commissioner
of
elections
of
the
absence.
20
The
bill
changes
the
requirements
for
membership
on
the
21
board
of
examiners
for
voting
systems,
allowing
one
member
22
to
have
been
trained
in
cybersecurity
rather
than
requiring
23
training
in
computer
programming
and
operations.
24
The
bill
requires
a
person
voting
by
absentee
ballot
at
the
25
office
of
the
county
commissioner
of
elections
to
include
that
26
person’s
voter
verification
number
in
the
application
for
a
27
ballot,
as
is
currently
required
of
voters
requesting
a
ballot
28
by
mail.
29
Under
current
law,
a
civil
office
is
vacated
if
the
incumbent
30
is
convicted
of
a
felony,
an
aggravated
misdemeanor,
or
a
31
public
offense
involving
the
violation
of
the
incumbent’s
32
oath
of
office.
The
bill
provides
that
a
civil
office
is
33
not
vacated
upon
an
incumbent’s
conviction
of
an
aggravated
34
misdemeanor.
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The
bill
takes
effect
upon
enactment.
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