House File 365 - Introduced HOUSE FILE 365 BY MILLER , THEDE , HUNTER , HANSON , KACENA , STAED , ISENHART , GASKILL , KEARNS , BEARINGER , OURTH , STECKMAN , MASCHER , WINCKLER , LENSING , NIELSEN , R. SMITH , BRECKENRIDGE , McCONKEY , and WESSEL-KROESCHELL A BILL FOR An Act providing for the restoration of the right to register 1 to vote and to vote and hold elective office for certain 2 persons and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1376YH (7) 87 aw/sc

H.F. 365 Section 1. Section 39A.1, subsection 2, Code 2017, is 1 amended to read as follows: 2 2. The purpose of this chapter is to identify actions which 3 threaten the integrity of the election process and to impose 4 significant sanctions upon persons who intentionally commit 5 those acts. It is the intent of the general assembly that 6 offenses with the greatest potential to affect the election 7 process be vigorously prosecuted and strong punishment meted 8 out through the imposition of felony sanctions which, as a 9 consequence, remove the voting rights of the offenders until 10 such rights are restored by the governor, by the president of 11 the United States, or by operation of law . Other offenses are 12 still considered serious, but based on the factual context in 13 which they arise, they may not rise to the level of offenses 14 to which felony penalties attach. The general assembly 15 also recognizes that instances may arise in which technical 16 infractions of chapters 39 through 53 may occur which do not 17 merit any level of criminal sanction. In such instances, 18 administrative notice from the state or county commissioner 19 of elections is sufficient. Mandates or proscriptions in 20 chapters 39 through 53 which are not specifically included in 21 this chapter shall be considered to be directive only, without 22 criminal sanction. 23 Sec. 2. Section 43.18, subsection 9, Code 2017, is amended 24 to read as follows: 25 9. A statement that the candidate is aware that the 26 candidate is disqualified from holding office if the candidate 27 has been convicted of a felony or other infamous crime and the 28 candidate’s rights have not been restored by the governor , or 29 by the president of the United States , or by operation of law . 30 Sec. 3. Section 43.67, subsection 2, paragraph i, Code 2017, 31 is amended to read as follows: 32 i. A statement that the candidate is aware that the 33 candidate is disqualified from holding office if the candidate 34 has been convicted of a felony or other infamous crime and the 35 -1- LSB 1376YH (7) 87 aw/sc 1/ 6

H.F. 365 candidate’s rights have not been restored by the governor , or 1 by the president of the United States , or by operation of law . 2 Sec. 4. Section 44.3, subsection 2, paragraph i, Code 2017, 3 is amended to read as follows: 4 i. A statement that the candidate is aware that the 5 candidate is disqualified from holding office if the candidate 6 has been convicted of a felony or other infamous crime and the 7 candidate’s rights have not been restored by the governor , or 8 by the president of the United States , or by operation of law . 9 Sec. 5. Section 45.3, subsection 9, Code 2017, is amended 10 to read as follows: 11 9. A statement that the candidate is aware that the 12 candidate is disqualified from holding office if the candidate 13 has been convicted of a felony or other infamous crime and the 14 candidate’s rights have not been restored by the governor , or 15 by the president of the United States , or by operation of law . 16 Sec. 6. Section 48A.6, subsection 1, Code 2017, is amended 17 to read as follows: 18 1. A person who has been convicted of a felony as defined 19 in section 701.7 , or convicted of an offense classified as a 20 felony under federal law. If the person’s rights are later 21 restored by the governor, or by the president of the United 22 States, pursuant to section 914.8, or by a pardon issued by the 23 governor or the president of the United States, the person may 24 register to vote. 25 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2017, 26 is amended to read as follows: 27 c. That prior to the election the incumbent had been duly 28 convicted of a felony, as defined in section 701.7 , and that 29 the judgment had not been reversed, annulled, or set aside, nor 30 the incumbent pardoned by the governor or the president of the 31 United States or restored to the rights of citizenship by the 32 governor under chapter 914 pursuant to section 914.8 , at the 33 time of the election. 34 Sec. 8. Section 123.3, subsection 34, paragraph d, Code 35 -2- LSB 1376YH (7) 87 aw/sc 2/ 6

H.F. 365 2017, is amended to read as follows: 1 d. The person has not been convicted of a felony. However, 2 if the person’s conviction of a felony occurred more than five 3 years before the date of the application for a license or 4 permit, and if the person’s rights of citizenship have been 5 restored by the governor pursuant to sections 914.1 through 6 914.6 , the administrator may determine that the person is of 7 good moral character notwithstanding such conviction. 8 Sec. 9. Section 161A.5, subsection 3, paragraph b, Code 9 2017, is amended to read as follows: 10 b. Every candidate shall file with the nomination papers 11 an affidavit stating the candidate’s name, the candidate’s 12 residence, that the person is a candidate and is eligible for 13 the office of commissioner, and that if elected the candidate 14 will qualify for the office. The affidavit shall also state 15 that the candidate is aware that the candidate is disqualified 16 from holding office if the candidate has been convicted of a 17 felony or other infamous crime and the candidate’s rights have 18 not been restored by the governor , or by the president of the 19 United States , or by operation of law . 20 Sec. 10. Section 277.4, subsection 2, paragraph b, Code 21 2017, is amended to read as follows: 22 b. Signers of nomination petitions shall include their 23 addresses and the date of signing, and must reside in the same 24 director district as the candidate if directors are elected 25 by the voters of a director district, rather than at-large. 26 A person may sign nomination petitions for more than one 27 candidate for the same office, and the signature is not invalid 28 solely because the person signed nomination petitions for 29 one or more other candidates for the office. The petition 30 shall be filed with the affidavit of the candidate being 31 nominated, stating the candidate’s name, place of residence, 32 that such person is a candidate and is eligible for the office 33 the candidate seeks, and that if elected the candidate will 34 qualify for the office. The affidavit shall also state that 35 -3- LSB 1376YH (7) 87 aw/sc 3/ 6

H.F. 365 the candidate is aware that the candidate is disqualified 1 from holding office if the candidate has been convicted of a 2 felony or other infamous crime and the candidate’s rights have 3 not been restored by the governor , or by the president of the 4 United States , or by operation of law . 5 Sec. 11. Section 376.4, subsection 2, paragraph b, Code 6 2017, is amended to read as follows: 7 b. The petition must include the affidavit of the individual 8 for whom it is filed, stating the individual’s name, the 9 individual’s residence, that the individual is a candidate and 10 eligible for the office, and that if elected the individual 11 will qualify for the office. The affidavit shall also state 12 that the candidate is aware that the candidate is disqualified 13 from holding office if the candidate has been convicted of a 14 felony or other infamous crime and the candidate’s rights have 15 not been restored by the governor , or by the president of the 16 United States , or by operation of law . 17 Sec. 12. Section 914.2, Code 2017, is amended to read as 18 follows: 19 914.2 Right of application. 20 Except as otherwise provided in section 902.2 or 914.8 , a 21 person convicted of a criminal offense has the right to make 22 application to the board of parole for recommendation or to 23 the governor for a reprieve, pardon, commutation of sentence, 24 remission of fines or forfeitures, or restoration of rights of 25 citizenship at any time following the conviction. 26 Sec. 13. NEW SECTION . 914.8 Restoration of right to 27 register and to vote. 28 1. A person convicted of a felony criminal offense, other 29 than a felony under section 39A.2 or a forcible felony as 30 defined in section 702.11, or any equivalent criminal offense 31 under federal law, who has been discharged from probation, 32 parole, or work release or who is released from confinement 33 under section 902.6 because the person has completed the 34 person’s term of confinement shall have the person’s right to 35 -4- LSB 1376YH (7) 87 aw/sc 4/ 6

H.F. 365 register to vote and to vote restored. 1 2. As soon as practicable, the department of corrections 2 or judicial district department of correctional services, 3 whichever is applicable, shall provide written notice to each 4 person, as described in subsection 1, who, on or after January 5 14, 2011, has been discharged from probation, parole, or work 6 release or who, on or after January 14, 2011, has completed a 7 term of confinement, that the person’s right to register to 8 vote and to vote has been restored. The notice shall include a 9 voter registration form. 10 3. The department of corrections shall monthly provide a 11 list of all persons notified under subsection 2 in the previous 12 month to the state registrar of voters who shall provide the 13 information to the county registrars of voters as deemed 14 necessary. 15 4. a. A person described in subsection 1 may still make 16 application for a restoration of citizenship rights pursuant 17 to sections 914.1 through 914.6. Such an application, unless 18 withdrawn, shall be processed as required by this chapter. 19 b. A person convicted of a felony under section 39A.2 or of 20 a forcible felony as defined in section 702.11 may only apply 21 to have the right to register to vote and to vote restored 22 under the application process in sections 914.1 through 914.6. 23 5. This section shall not relieve a person of any unpaid 24 restitution, fine, or other obligation resulting from 25 conviction. 26 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed 27 of immediate importance, takes effect upon enactment. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill enacts new Code section 914.8 which requires 32 that, upon discharge from certain felony criminal sentences, 33 citizenship rights related to voting and qualification for 34 public office must be restored. 35 -5- LSB 1376YH (7) 87 aw/sc 5/ 6

H.F. 365 The bill requires that the right to register to vote 1 and to vote be restored for any individual who has been 2 discharged from criminal sentence for any felony other than an 3 elections-related felony under Code section 39A.2 or a forcible 4 felony as defined in Code section 702.11. To be discharged 5 from criminal sentence, under the bill, an individual must also 6 be discharged from any accompanying term of probation, parole, 7 or supervised release. The restoration of citizenship rights 8 provided for under the bill shall only extend to the right to 9 register to vote and to vote and to hold elective office, and 10 would not include any other citizenship rights. The bill does 11 not relieve the individual of unpaid restitution, fines, or 12 other obligations resulting from conviction. The bill does not 13 limit an individual’s ability to apply to the governor for a 14 restoration of citizenship rights, as currently provided for in 15 Code chapter 914. 16 The bill requires that the department of corrections notify 17 an individual whose right to register to vote and to vote 18 has been restored on or after January 14, 2011. The bill 19 requires, where applicable, the judicial district department of 20 correctional services to notify an individual whose rights have 21 been restored. The department of corrections is also required 22 to monthly provide a list of the individuals notified to the 23 state registrar of voters (secretary of state). 24 The bill takes effect upon enactment. 25 -6- LSB 1376YH (7) 87 aw/sc 6/ 6