H.F. 247 DIVISION I 1 AUTOMATIC VOTER REGISTRATION 2 Section 1. Section 48A.7, Code 2017, is amended to read as 3 follows: 4 48A.7 Registration in person. 5 An eligible elector may register to vote by appearing 6 personally and completing a voter registration form at the 7 office of the commissioner in the county in which the person 8 resides, at a motor vehicle driver’s license station, including 9 any county treasurer’s office that is participating in county 10 issuance of driver’s licenses under chapter 321M , or at any 11 voter registration agency. A For paper registration forms, 12 a separate voter registration form shall be signed by each 13 individual registrant. 14 Sec. 2. Section 48A.8, subsection 1, Code 2017, is amended 15 to read as follows: 16 1. An eligible elector may request that a voter registration 17 form be mailed to the elector. The completed form may be 18 mailed or delivered by the registrant or the registrant’s 19 designee to the commissioner in the county where the person 20 resides or to the state commissioner of elections for a 21 program participant, as provided in section 9E.6 . A For paper 22 registration forms, a separate voter registration form shall be 23 signed by each individual registrant. 24 Sec. 3. Section 48A.18, subsections 1 and 3, Code 2017, are 25 amended to read as follows: 26 1. Each state motor vehicle driver’s license application, 27 including any renewal application or application for a 28 nonoperator’s identification card, submitted to the office 29 of driver services of the state department of transportation 30 shall serve as an application for voter registration unless 31 the commissioner of registration determines that the applicant 32 is not an eligible elector or the applicant declines to 33 register to vote after receiving notification under subsection 34 4A . A completed application or paper voter registration 35 -1- LSB 1318YH (3) 87 aw/sc/jh 1/ 12

H.F. 247 form submitted to the office of driver services of the state 1 department of transportation shall be considered to update any 2 previous voter registration by the registrant. 3 3. Information relating to the refusal decision of an 4 applicant for a driver’s license to apply decline to register 5 to vote shall not be used for any purpose other than voter 6 registration. 7 Sec. 4. Section 48A.18, subsection 4, Code 2017, is amended 8 by striking the subsection and inserting in lieu thereof the 9 following: 10 4. a. The state voter registration commission shall 11 establish schedules by which the department of transportation 12 shall transmit to the state registrar of voters electronic 13 records containing the legal name, age, residence, and 14 citizenship information for, and the electronic signature of, 15 each person submitting an application under this section. 16 b. The state voter registration commission shall establish 17 schedules by which the state registrar of voters shall make 18 accessible or transmit electronic records and electronic 19 signatures received under paragraph “a” to the appropriate 20 commissioner of registration. 21 c. The state voter registration commission shall establish 22 schedules by which the department of transportation shall 23 transmit any completed paper registration forms to the 24 appropriate commissioner of registration. 25 d. The state commissioner of elections shall adopt rules, 26 consistent with section 9E.6, for the registration of address 27 confidentiality program participants. 28 e. The state voter registration commission shall adopt 29 rules pursuant to chapter 17A to administer and interpret this 30 section, including rules to establish electronic and paper 31 forms and all procedures used by the office of driver services 32 for voter registration purposes, rules to establish schedules 33 for transmission of electronic records, electronic signatures, 34 and completed paper voter registration forms, and rules and 35 -2- LSB 1318YH (3) 87 aw/sc/jh 2/ 12

H.F. 247 forms to decline being registered to vote. 1 Sec. 5. Section 48A.18, Code 2017, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 4A. a. (1) Upon receiving the electronic 4 record for, and electronic signature of, a person under 5 subsection 4, the state registrar of voters shall transmit or 6 otherwise make accessible the electronic record and electronic 7 signature of the person to the commissioner of registration 8 of the county where the person resides. Upon reviewing the 9 electronic record received from the state registrar of voters, 10 along with any other relevant information, the commissioner of 11 registration shall determine if a person is an eligible elector 12 of the county. If the commissioner determines that a person is 13 an eligible elector of the county and is not registered to vote 14 in that county, the commissioner shall notify the person of the 15 separate processes to decline being registered to vote or to 16 declare a political party affiliation. 17 (2) If the person is registered to vote in the county, the 18 commissioner shall use the electronic record and information to 19 update the person’s voter registration if appropriate. 20 b. If a person notified under paragraph “a” does not decline 21 to be registered to vote within twenty-one calendar days after 22 the commissioner of registration issues the notification, the 23 person’s electronic record and electronic signature shall 24 constitute a completed voter registration form under section 25 48A.11, and the commissioner of registration shall register the 26 person to vote in that county. The commissioner shall send an 27 acknowledgment pursuant to section 48A.26. 28 c. A commissioner of registration shall not add a person 29 subject to registration under this subsection to a voter 30 registration list until at least twenty-one calendar days 31 after the commissioner has issued notification to the person 32 as described in paragraph “a” . 33 d. The electronic record and electronic signature, received 34 under this subsection, of a person who does not qualify 35 -3- LSB 1318YH (3) 87 aw/sc/jh 3/ 12

H.F. 247 as an eligible elector shall not constitute a completed 1 voter registration form under section 48A.11 and such a 2 person’s application for a driver’s license or nonoperator’s 3 identification card shall not be considered to be a voter 4 registration application for purposes of section 39A.2, 5 subsection 1, paragraph “a” . 6 Sec. 6. Section 48A.19, subsection 1, Code 2017, is amended 7 by adding the following new paragraph: 8 NEW PARAGRAPH . d. All state offices that have direct client 9 contact that collect personal client information sufficient to 10 complete a voter registration application, as determined by the 11 state commissioner. 12 Sec. 7. Section 48A.19, subsection 4, paragraph a, 13 unnumbered paragraph 1, Code 2017, is amended to read as 14 follows: 15 The A voter registration agency that does not collect 16 personal client information sufficient to complete a voter 17 registration application shall provide a form to applicants 18 that includes all of the following: 19 Sec. 8. Section 48A.21, Code 2017, is amended to read as 20 follows: 21 48A.21 Transmission of forms from agencies and driver’s 22 license stations . 23 1. The state registrar of voters shall adopt administrative 24 rules regulating the transmission of completed voter 25 registration forms from voter registration agencies and from 26 driver’s license stations, including county treasurer’s offices 27 participating in county issuance of driver’s licenses under 28 chapter 321M . All completed voter registration applications 29 in the possession of a voter registration agency , a driver’s 30 license station, or a county treasurer’s office that is 31 participating in county issuance of driver’s licenses at 5:00 32 p.m. on the last workday of each week shall be transmitted 33 to the location designated by the state registrar of voters 34 by rule. Procedures or requirements for more frequent 35 -4- LSB 1318YH (3) 87 aw/sc/jh 4/ 12

H.F. 247 transmissions may be specified by rule. 1 2. a. The state voter registration commission shall 2 establish schedules by which the voter registration agencies 3 pursuant to section 48A.19 that collect personal client 4 information sufficient to complete a voter registration 5 application shall transmit to the state registrar of voters 6 electronic records containing the legal name, age, residence, 7 and citizenship information for, and the electronic signature 8 of, each client providing personal client information as 9 described in this section. 10 b. The state voter registration commission shall establish 11 schedules by which the state registrar of voters shall make 12 accessible or transmit electronic records and electronic 13 signatures received under paragraph “a” to the appropriate 14 commissioner of registration. 15 c. The state voter registration commission shall establish 16 schedules by which voter registration agencies shall transmit 17 any completed paper registration forms to the appropriate 18 commissioner of registration. 19 d. The state commissioner of elections shall adopt rules, 20 consistent with section 9E.6, for the registration of address 21 confidentiality program participants. 22 e. The state voter registration commission shall adopt 23 rules pursuant to chapter 17A to administer and interpret this 24 section, including rules to establish electronic and paper 25 forms and all procedures used by voter registration agencies 26 for voter registration purposes, rules to establish schedules 27 for transmission of electronic records, electronic signatures, 28 and completed paper voter registration forms, and rules and 29 forms to decline being registered to vote. 30 3. a. (1) Upon receiving the electronic record for, and 31 electronic signature of, a person under subsection 2, the state 32 registrar of voters shall transmit or otherwise make accessible 33 the electronic record and electronic signature of the person to 34 the commissioner of registration of the county where the person 35 -5- LSB 1318YH (3) 87 aw/sc/jh 5/ 12

H.F. 247 resides. Upon reviewing the electronic record received from 1 the state registrar of voters, along with any other relevant 2 information, the commissioner of registration shall determine 3 if a person is an eligible elector of the county. If the 4 commissioner determines that a person is an eligible elector 5 of the county and is not registered to vote in that county, the 6 commissioner shall notify the person of the separate processes 7 to decline being registered to vote or to declare a political 8 party affiliation. 9 (2) If the person is registered to vote in the county, the 10 commissioner shall use the electronic record and information to 11 update the person’s voter registration if appropriate. 12 b. If a person notified under paragraph “a” does not decline 13 to be registered to vote within twenty-one calendar days after 14 the commissioner of registration issues the notification, the 15 person’s electronic record and electronic signature shall 16 constitute a completed voter registration form under section 17 48A.11, and the commissioner of registration shall register the 18 person to vote in that county. The commissioner shall send an 19 acknowledgment pursuant to section 48A.26. 20 c. A commissioner of registration shall not add a person 21 subject to registration under this subsection to a voter 22 registration list until at least twenty-one calendar days 23 after the commissioner has issued notification to the person 24 as described in paragraph “a” . 25 d. The electronic record and electronic signature, received 26 under this subsection, of a person who does not qualify as 27 an eligible elector shall not constitute a completed voter 28 registration form under section 48A.11 and such a person shall 29 not be considered to have submitted a voter registration 30 application for purposes of section 39A.2, subsection 1, 31 paragraph “a” . 32 Sec. 9. Section 48A.26, subsection 1, paragraph b, Code 33 2017, is amended to read as follows: 34 b. (1) For a voter registration form or change of 35 -6- LSB 1318YH (3) 87 aw/sc/jh 6/ 12

H.F. 247 information in a voter registration record submitted at a 1 precinct caucus, the commissioner shall send an acknowledgment 2 within forty-five days of receipt of the form or change of 3 information. 4 (2) For a voter registration application or change of 5 information in a voter registration record completed pursuant 6 to section 48A.18 or section 48A.19, the commissioner shall 7 send an acknowledgment within seven working days of the person 8 being registered under either section. 9 Sec. 10. Section 48A.26, subsection 8, Code 2017, is amended 10 to read as follows: 11 8. An A completed voter registration application, 12 improperly transmitted under section 48A.18, subsection 13 4A, or under section 48A.21, subsection 2, or an improperly 14 addressed or delivered registration form shall be transmitted 15 or forwarded to the appropriate county commissioner of 16 registration within two working days after it is received by 17 any other official. The date of registration shall be the date 18 the completed application or registration form was received by 19 the first official. If the registration form was postmarked 20 fifteen or more days before an election and the registration 21 form was received by the first official after the close of 22 registration, the registration form shall be considered on time 23 for the election. 24 Sec. 11. Section 48A.36, subsection 1, Code 2017, is amended 25 to read as follows: 26 1. Voter registration agencies and the office of driver 27 services of the state department of transportation may 28 electronically transmit registration data to the state 29 registrar of voters, who shall distribute the information, 30 electronically or otherwise, to the appropriate commissioner 31 in accordance with rules of the state voter registration 32 commission and the state registrar of voters. The office of 33 driver services of the state department of transportation 34 and voter registration agencies that collect personal client 35 -7- LSB 1318YH (3) 87 aw/sc/jh 7/ 12

H.F. 247 information sufficient to complete a voter registration 1 application shall electronically transmit registration data 2 to the state registrar of voters as required pursuant to 3 sections 48A.18 and 48A.21. The state agency originating 4 the registration data shall permanently retain an electronic 5 copy of the form completed by the registrant, including the 6 registrant’s signature, and shall develop procedures for the 7 retrieval and printing of that electronic document. A printed 8 copy of an electronic registration document shall be made only 9 upon the agency’s receipt of a court order. 10 Sec. 12. Section 331.557A, subsection 5, Code 2017, is 11 amended to read as follows: 12 5. Participate in voter registration according to the 13 terms of chapter 48A , and submit completed voter registration 14 forms to the state registrar of voters appropriate county 15 commissioner of registration . 16 Sec. 13. EMERGENCY RULES. The state voter registration 17 commission, in cooperation with the department of 18 transportation and voter registration agencies, may adopt 19 emergency rules under section 17A.4, subsection 3, and section 20 17A.5, subsection 2, paragraph “b”, to implement the provisions 21 of this Act and the rules shall be effective immediately upon 22 filing unless a later date is specified in the rules. Any 23 rules adopted in accordance with this section shall also be 24 published as a notice of intended action as provided in section 25 17A.4. 26 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection 27 3, shall not apply to this division of this Act. 28 Sec. 15. EFFECTIVE UPON ENACTMENT. This division of this 29 Act, being deemed of immediate importance, takes effect upon 30 enactment. 31 DIVISION II 32 ONGOING ABSENTEE STATUS 33 Sec. 16. NEW SECTION . 53.4 Ongoing absentee voter. 34 A registered voter applying for an absentee ballot 35 -8- LSB 1318YH (3) 87 aw/sc/jh 8/ 12

H.F. 247 under section 53.2 shall receive an absentee ballot for all 1 subsequent elections in which that person is eligible to vote 2 and qualifies under section 53.1, unless the registered voter 3 requests not to receive an absentee ballot for subsequent 4 elections. The state commissioner shall provide a check box 5 on the prescribed form for this purpose. For all subsequent 6 elections, the county commissioner of elections shall 7 automatically mail an absentee ballot to the requesting voter, 8 or automatically mail or deliver an absentee ballot if the 9 requester is a person voting pursuant to section 53.22. A 10 voter’s status as an ongoing absentee voter shall be terminated 11 upon the request of the voter or by the county commissioner 12 if the voter fails to qualify under section 53.1 or if the 13 voter subsequently fails to vote in two consecutive general 14 elections. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill relates to elections by providing for the 19 registration of eligible electors upon review of electronic 20 records received from state agencies and providing for ongoing 21 absentee voter status. 22 Division I of the bill relates to voter registration by 23 allowing registration of eligible electors to vote following 24 review of electronic records received from driver’s license 25 and nonoperator’s identification card applications by county 26 commissioners of registration (county auditors). 27 The bill requires that the office of driver services of the 28 department of transportation transmit to the state registrar of 29 voters (the secretary of state) electronic records containing 30 the legal name, age, residence, and citizenship information 31 for, and the electronic signature of, each person submitting 32 an application for a driver’s license or nonoperator’s 33 identification card, or any renewal application. Current Code 34 section 321.182 requires that an application for a license 35 -9- LSB 1318YH (3) 87 aw/sc/jh 9/ 12

H.F. 247 or card include an applicant’s full name, signature, current 1 mailing address, current residential address, date of birth, 2 social security number, and other information. Under current 3 administrative rules of the state department of transportation, 4 an applicant for a license or card is required to provide proof 5 of lawful status in the United States. Also under current 6 administrative rules, a person’s signature for a driver’s 7 license or nonoperator’s identification card application is 8 required to be captured electronically. Under current law, 9 a county treasurer’s office participating in county issuance 10 of driver’s licenses is required to participate in voter 11 registration to the same extent as a license facility of the 12 state department of transportation. 13 The bill requires the state registrar of voters to transmit 14 the electronic records and electronic signatures to the county 15 commissioner of registration of the county where the person 16 resides. The bill requires that the county commissioner review 17 the electronic record and any other relevant information to 18 determine if a person is an eligible elector. If the county 19 commissioner determines a person to be an eligible elector 20 and the person is not registered to vote in the county, the 21 county commissioner is required to notify the person of the 22 separate processes to decline to register to vote or to declare 23 a political party affiliation. If a notified person fails to 24 decline voter registration within 21 days after the county 25 commissioner issued the notification, the bill provides that 26 the electronic record and electronic signature shall constitute 27 a completed voter registration form for that person and the 28 bill requires the county commissioner to register the person to 29 vote in that county and send the person an acknowledgment as 30 required by current law. 31 The bill prohibits a county commissioner from adding a 32 person’s name to a voter registration list until at least 21 33 days after the commissioner has issued notification to the 34 person. The bill requires that a county commissioner send an 35 -10- LSB 1318YH (3) 87 aw/sc/jh 10/ 12

H.F. 247 acknowledgment of registration within seven business days of 1 registering a person under the bill. The bill also provides 2 that the electronic record and electronic signature of a person 3 who does not qualify as an eligible elector does not constitute 4 a completed voter registration form. Under the bill, such a 5 person submitting an application for a license or card will 6 not be subject to charges for voter registration fraud under 7 section 39A.2 for submitting such an application. 8 The bill also grants the state voter registration commission 9 the authority to adopt rules to administer and interpret the 10 provisions of the bill relating to voter registration at motor 11 vehicle driver’s license stations. If interpretive rulemaking 12 authority is clearly vested in the discretion of an agency by 13 statute, the applicable judicial standard of review is whether 14 the rules constitute an irrational, illogical, or wholly 15 unjustifiable interpretation of law by the agency (Code section 16 17A.19(10)(l)). If interpretive rulemaking authority is not 17 clearly vested in the discretion of an agency, the applicable 18 judicial standard of review is whether the rules constitute an 19 erroneous interpretation of law (Code section 17A.19(10)(c)). 20 The bill makes changes to current law related to address 21 confidentiality program participants under Code chapter 22 9E by requiring the state registrar to adopt rules for 23 administration of registration for those participants. The 24 bill maintains current law to allow for submission of a paper 25 voter registration form through driver’s license offices. The 26 bill specifies that a requirement that separate registration 27 forms be signed by each individual registrant only applies to 28 paper registration forms. Under the bill, driver’s license 29 offices are required to transmit voter registration forms 30 to the appropriate county commissioner and to transmit all 31 electronic records and electronic signatures to the state 32 registrar of voters. 33 Under current law, the state registrar of voters is 34 required to establish rules regulating transmission of voter 35 -11- LSB 1318YH (3) 87 aw/sc/jh 11/ 12

H.F. 247 registration forms from driver’s license stations and voter 1 registration agencies. Under the bill, such rules are required 2 to be established by the state commission. 3 The bill makes corresponding changes requiring automatic 4 voter registration be completed by other state agencies with 5 direct client contact that collect personal client information 6 sufficient to complete a voter registration application. 7 The bill provides that the state voter registration 8 commission, in cooperation with the department of 9 transportation and voter registration agencies, may adopt 10 emergency rules to implement the provisions of the bill. 11 Division I of the bill may include a state mandate as defined 12 in Code section 25B.3. The bill makes inapplicable Code 13 section 25B.2, subsection 3, which would relieve a political 14 subdivision from complying with a state mandate if funding for 15 the cost of the state mandate is not provided or specified. 16 Therefore, political subdivisions are required to comply with 17 any state mandate included in the bill. 18 Division I of the bill takes effect upon enactment. 19 Division II of the bill requires that an absentee voter 20 receive absentee ballots for all subsequent elections without 21 having to reapply before each election unless the registered 22 voter requests not to receive an absentee ballot for subsequent 23 elections. A person’s status as an ongoing absentee voter can 24 be terminated by that person, by the county commissioner of 25 elections if the person fails to qualify as an absentee voter, 26 or if the voter subsequently fails to vote in two consecutive 27 general elections. 28 -12- LSB 1318YH (3) 87 aw/sc/jh 12/ 12