HF 79 (LSB 1834YH (3) 87)

HOUSE FILE 79

BY  HUNTER, KEARNS, LENSING, KACENA, OLDSON, STAED, BENNETT, and MASCHER

A BILL FOR

An Act  restoring the right to register to vote and to vote and hold elective office for certain persons and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 39A.1, subsection 2, Code 2017, is amended to read as follows:
   2.  The purpose of this chapter is to identify actions which threaten the integrity of the election process and to impose significant sanctions upon persons who intentionally commit those acts. It is the intent of the general assembly that offenses with the greatest potential to affect the election process be vigorously prosecuted and strong punishment meted out through the imposition of felony sanctions which, as a consequence, remove the voting rights of the offenders until such rights are restored by the governor, by the president of the United States, or by operation of law. Other offenses are still considered serious, but based on the factual context in which they arise, they may not rise to the level of offenses to which felony penalties attach. The general assembly also recognizes that instances may arise in which technical infractions of chapters 39 through 53 may occur which do not merit any level of criminal sanction. In such instances, administrative notice from the state or county commissioner of elections is sufficient. Mandates or proscriptions in chapters 39 through 53 which are not specifically included in this chapter shall be considered to be directive only, without criminal sanction.
    Sec. 2.  Section 43.18, subsection 9, Code 2017, is amended to read as follows:
   9.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor, or by the president of the United States, or by operation of law.
    Sec. 3.  Section 43.67, subsection 2, paragraph i, Code 2017, is amended to read as follows:
   i.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor, or by the president of the United States, or by operation of law.
    Sec. 4.  Section 44.3, subsection 2, paragraph i, Code 2017, is amended to read as follows:
   i.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor, or by the president of the United States, or by operation of law.
    Sec. 5.  Section 45.3, subsection 9, Code 2017, is amended to read as follows:
   9.  A statement that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor, or by the president of the United States, or by operation of law.
    Sec. 6.  Section 48A.6, subsection 1, Code 2017, is amended to read as follows:
   1.  A person who has been convicted of a felony as defined in section 701.7, or convicted of an offense classified as a felony under federal law. If the person’s rights are later restored by the governor, or by the president of the United States, pursuant to section 914.8, or by a pardon issued by the governor or the president of the United States, the person may register to vote.
    Sec. 7.  Section 57.1, subsection 2, paragraph c, Code 2017, is amended to read as follows:
   c.  That prior to the election the incumbent had been duly convicted of a felony, as defined in section 701.7, and that the judgment had not been reversed, annulled, or set aside, nor the incumbent pardoned by the governor or the president of the United States or restored to the rights of citizenship by the governor under chapter 914 pursuant to section 914.8, at the time of the election.
    Sec. 8.  Section 123.3, subsection 34, paragraph d, Code 2017, is amended to read as follows:
   d.  The person has not been convicted of a felony. However, if the person’s conviction of a felony occurred more than five years before the date of the application for a license or permit, and if the person’s rights of citizenship have been restored by the governor pursuant to sections 914.1 through 914.6, the administrator may determine that the person is of good moral character notwithstanding such conviction.
    Sec. 9.  Section 161A.5, subsection 3, paragraph b, Code 2017, is amended to read as follows:
   b.  Every candidate shall file with the nomination papers an affidavit stating the candidate’s name, the candidate’s residence, that the person is a candidate and is eligible for the office of commissioner, and that if elected the candidate will qualify for the office. The affidavit shall also state that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor, or by the president of the United States, or by operation of law.
    Sec. 10.  Section 277.4, subsection 2, paragraph b, Code 2017, is amended to read as follows:
   b.  Signers of nomination petitions shall include their addresses and the date of signing, and must reside in the same director district as the candidate if directors are elected by the voters of a director district, rather than at-large. A person may sign nomination petitions for more than one candidate for the same office, and the signature is not invalid solely because the person signed nomination petitions for one or more other candidates for the office. The petition shall be filed with the affidavit of the candidate being nominated, stating the candidate’s name, place of residence, that such person is a candidate and is eligible for the office the candidate seeks, and that if elected the candidate will qualify for the office. The affidavit shall also state that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor, or by the president of the United States, or by operation of law.
    Sec. 11.  Section 376.4, subsection 2, paragraph b, Code 2017, is amended to read as follows:
   b.  The petition must include the affidavit of the individual for whom it is filed, stating the individual’s name, the individual’s residence, that the individual is a candidate and eligible for the office, and that if elected the individual will qualify for the office. The affidavit shall also state that the candidate is aware that the candidate is disqualified from holding office if the candidate has been convicted of a felony or other infamous crime and the candidate’s rights have not been restored by the governor, or by the president of the United States, or by operation of law.
    Sec. 12.  Section 914.2, Code 2017, is amended to read as follows:
   914.2  Right of application.
   Except as otherwise provided in section 902.2 or 914.8, a person convicted of a criminal offense has the right to make application to the board of parole for recommendation or to the governor for a reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restoration of rights of citizenship at any time following the conviction.
    Sec. 13.  NEW SECTION.  914.8  Restoration of right to register and to vote.
   1.  A person convicted of a felony criminal offense who has been discharged from probation, parole, or work release or who is released from confinement under section 902.6 because the person has completed the person’s term of confinement shall have the person’s right to register to vote and to vote restored.
   2.  As soon as practicable, the department of corrections or judicial district department of correctional services, whichever is applicable, shall provide written notice to each person, as described in subsection 1, who, on or after January 14, 2011, has been discharged from probation, parole, or work release or who, on or after January 14, 2011, has completed a term of confinement, that the person’s right to register to vote and to vote has been restored. The notice shall include a voter registration form.
   3.  The department of corrections shall monthly provide a list of all persons notified under subsection 2 in the previous month to the state registrar of voters who shall provide the information to the county registrars of voters as deemed necessary.
   4.  A person described in subsection 1 may still make application for a restoration of citizenship rights pursuant to sections 914.1 through 914.6. Such an application, unless withdrawn, shall be processed as required by this chapter.
   5.  This section shall not relieve a person of any unpaid restitution, fine, or other obligation resulting from conviction.
    Sec. 14.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill enacts new Code section 914.8 which requires that, upon discharge from certain felony criminal sentences, citizenship rights related to voting and qualification for public office must be restored.
   The bill requires that the right to register to vote and to vote be restored for any individual who has been discharged from criminal sentence for any felony. To be discharged from criminal sentence, under the bill, an individual must also be discharged from any accompanying term of probation, parole, or supervised release. The restoration of citizenship rights provided for under the bill shall only extend to the right to register to vote and to vote and to hold elective office, and would not include any other citizenship rights. The bill does not relieve the individual of unpaid restitution, fines, or other obligations resulting from conviction. The bill does not limit an individual’s ability to apply to the governor for a restoration of citizenship rights, as currently provided for in Code chapter 914.
   The bill requires that the department of corrections notify an individual whose right to register to vote and to vote has been restored on or after January 14, 2011. The bill requires, where applicable, the judicial district department of correctional services to notify an individual whose rights have been restored. The department of corrections is also required to monthly provide a list of the individuals notified to the state registrar of voters (secretary of state). 
   The bill takes effect upon enactment.