S.F. 47 DIVISION I 1 VOTER IDENTIFICATION REQUIREMENTS 2 Section 1. Section 39A.2, subsection 1, paragraph b, Code 3 2017, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (6) Falsely swears to an oath required 5 pursuant to section 49.77, subsection 3, or an affidavit 6 pursuant to section 49.81, subsection 5, paragraph “b” . 7 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 8 2017, is amended to read as follows: 9 a. A person who is eligible to register to vote and to vote 10 may register on election day by appearing in person at the 11 polling place for the precinct in which the individual resides 12 and completing a voter registration application, making written 13 oath, and providing proof of identity and proof of residence 14 pursuant to paragraph “b” . 15 Sec. 3. Section 48A.7A, subsection 1, paragraph b, Code 16 2017, is amended by striking the paragraph and inserting in 17 lieu thereof the following: 18 b. (1) For purposes of this section, a person may establish 19 identity by showing proof of identification as required in 20 section 49.77, subsection 3. 21 (2) For purposes of this section, a person may establish 22 proof of residence using a proof of identification document 23 described in section 49.77, subsection 3, paragraph “b” , if 24 the proof of identification contains the person’s current 25 address in the precinct. If the proof of identification does 26 not contain the person’s current address in the precinct, to 27 establish proof of residence the person shall also present one 28 of the following documents that shows the person’s name and 29 current address in the precinct: 30 (a) Utility bill. 31 (b) Bank statement. 32 (c) Paycheck. 33 (d) Government check. 34 (e) Other government document. 35 -1- LSB 1274XS (4) 87 aw/sc 1/ 14

S.F. 47 Sec. 4. Section 48A.7A, subsections 2 and 3, Code 2017, are 1 amended to read as follows: 2 2. The oath required in subsection 1 , paragraph “a” , and 3 in paragraph “c” , if applicable, shall be executed on the 4 same piece of paper and attached to the voter registration 5 application. 6 3. At any time before election day, and after the deadline 7 for registration in section 48A.9 , a person who appears in 8 person at the commissioner’s office or at a satellite absentee 9 voting station or whose ballot is delivered to a health care 10 facility pursuant to section 53.22 may register to vote and 11 vote an absentee ballot by following the procedure in this 12 section for registering to vote on election day. A person who 13 wishes to vote in person at the polling place on election day 14 and who has not registered to vote before the deadline for 15 registering in section 48A.9 , is required to register to vote 16 at the polling place on election day following the procedure 17 in this section . However, the person may complete the voter 18 registration application at the commissioner’s office and, 19 after the commissioner has reviewed the completed application, 20 may present the application to the appropriate precinct 21 election official along with proof of identity and residency 22 proof of residence . 23 Sec. 5. Section 49.53, subsection 1, Code 2017, is amended 24 to read as follows: 25 1. The commissioner shall not less than four nor more than 26 twenty days before the day of each election, except those for 27 which different publication requirements are prescribed by law, 28 publish notice of the election. The notice shall contain a 29 facsimile of the portion of the ballot containing the first 30 rotation as prescribed by section 49.31, subsection 2 , and 31 shall show the names of all candidates or nominees and the 32 office each seeks, and all public questions, to be voted upon 33 at the election. The sample ballot published as a part of the 34 notice may at the discretion of the commissioner be reduced in 35 -2- LSB 1274XS (4) 87 aw/sc 2/ 14

S.F. 47 size relative to the actual ballot but such reduction shall not 1 cause upper case letters appearing in candidates’ names or in 2 summaries of public measures on the published sample ballot to 3 be less than nine point type. The notice shall also state the 4 date of the election, the hours the polls will be open, that 5 all voters will be required to show proof of identification 6 before casting a ballot, the location of each polling place at 7 which voting is to occur in the election, and the names of the 8 precincts voting at each polling place, but the statement need 9 not set forth any fact which is apparent from the portion of 10 the ballot appearing as a part of the same notice. The notice 11 shall include the full text of all public measures to be voted 12 upon at the election. 13 Sec. 6. Section 49.77, subsection 3, Code 2017, is amended 14 by striking the subsection and inserting in lieu thereof the 15 following: 16 3. a. A precinct election official shall require the voter 17 to present for inspection proof of identification before being 18 allowed to vote. 19 b. For purposes of this section, “proof of identification” 20 refers to a document that satisfies all of the following: 21 (1) The document shows the name of the individual to whom 22 the document was issued which shall conform to the name on the 23 election register. 24 (2) The document shows a photograph of the individual to 25 whom it was issued. 26 (3) The document was issued by the government of the 27 United States, the state of Iowa, an Iowa public or private 28 university or college, an Iowa secondary school, or a political 29 subdivision of the state of Iowa. In the case of a document 30 issued by a political subdivision, the document shall be 31 issued not later than the close of voter registration for 32 the applicable election as set forth in section 48A.9 and 33 shall meet all other requirements established by the state 34 commissioner by rule. 35 -3- LSB 1274XS (4) 87 aw/sc 3/ 14

S.F. 47 c. In lieu of paragraph “b” , a person wishing to vote may 1 establish proof of identity by written oath of the person 2 wishing to vote and of an attesting person who provides proof 3 of identification pursuant to paragraph “b” . The oath shall be 4 in the form prescribed by the state commissioner of elections 5 and shall state the identity and attest to the stated identity 6 of the person wishing to vote. The oath must be signed by the 7 attesting person and the person wishing to vote in the presence 8 of the appropriate precinct election official. A person who 9 has signed an oath attesting to a person’s identity as provided 10 in this paragraph is prohibited from signing any further oaths 11 as provided in this paragraph for the same election. The oath 12 shall advise the person wishing to vote and the attesting 13 person that falsely signing such an oath or falsely attesting 14 to a voter’s identity is a class “D” felony. 15 d. The commissioner shall, within forty-five days after 16 each election, review all attestations received under this 17 subsection and if any individual is found to have attested for 18 more than one voter in a particular election, the commissioner 19 shall immediately notify the state commissioner and the county 20 attorney. 21 Sec. 7. Section 49.77, Code 2017, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 3A. a. If proof of identification or proof 24 of identity is established under subsection 3, the person shall 25 be allowed to vote. 26 b. If a person is unable or refuses to present proof of 27 identification, or the precinct election official determines 28 the proof of identification presented by the person does 29 not qualify as proof of identification under subsection 30 3, paragraph “b” , or proof of identity under subsection 3, 31 paragraph “c” , the person shall be offered the option to vote a 32 ballot, but only in accordance with section 49.81. 33 Sec. 8. Section 49.77, subsection 4, paragraph a, Code 2017, 34 is amended to read as follows: 35 -4- LSB 1274XS (4) 87 aw/sc 4/ 14

S.F. 47 a. A person whose name does not appear on the election 1 register of the precinct in which that person claims the right 2 to vote shall not be permitted to vote, unless the person 3 affirms that the person is currently registered in the county 4 and presents proof of identity, or the commissioner informs 5 the precinct election officials that an error has occurred 6 and that the person is a registered voter of that precinct , 7 and the person presents proof of identification pursuant to 8 subsection 3 . If the commissioner finds no record of the 9 person’s registration but the person insists that the person 10 is a registered voter of that precinct, the precinct election 11 officials shall allow the person to cast a ballot in the manner 12 prescribed by section 49.81 . 13 Sec. 9. Section 49.81, subsection 1, Code 2017, is amended 14 to read as follows: 15 1. A prospective voter who is prohibited under section 16 48A.8, subsection 4 , section 49.77, subsection 3A, paragraph 17 “b” , section 49.77, subsection 4 , section 49.80 , or section 18 53.19, subsection 3 , or section 53.22, subsection 1, paragraph 19 “d” , from voting except under this section shall be notified by 20 the appropriate precinct election official that the voter may 21 cast a provisional ballot. The voter shall mark the ballot and 22 immediately seal it in an envelope of the type prescribed by 23 subsection 4 . The voter shall deliver the sealed envelope to a 24 precinct election official who shall deposit it in an envelope 25 marked “provisional ballots”. The ballot shall be considered 26 as having been cast in the special precinct established by 27 section 53.20 for purposes of the postelection canvass. 28 Sec. 10. Section 49.81, subsection 2, paragraph b, Code 29 2017, is amended to read as follows: 30 b. If the person is casting a provisional ballot because 31 the person failed was unable or refused to provide a required 32 form of identification pursuant to section 48A.8, subsection 33 4, section 49.77, subsection 3A, paragraph “b” , section 49.77, 34 subsection 4, or section 53.22, subsection 1, paragraph “d” , a 35 -5- LSB 1274XS (4) 87 aw/sc 5/ 14

S.F. 47 list of the types of acceptable identification and notification 1 that the person must show identification before the ballot can 2 be counted. 3 Sec. 11. Section 49.81, Code 2017, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 5. a. If a person is casting a provisional 6 ballot because the person was unable or refused to provide the 7 required proof of identification pursuant to section 49.77, 8 subsection 3A, paragraph “b” , the precinct election official 9 shall indicate on the provisional ballot envelope that the 10 voter is casting a provisional ballot due to the voter’s 11 inability or refusal to present proof of identification. 12 b. (1) At the time a provisional ballot is cast the voter 13 may also execute an affidavit in the form prescribed by the 14 state commissioner which shall be attached to the provisional 15 ballot envelope, affirming that the voter is the person 16 the voter claims to be and further affirming either of the 17 following: 18 (a) The voter is indigent and is unable to obtain proof of 19 identification without the payment of a fee. 20 (b) The voter has a religious objection to being 21 photographed. 22 (2) The affidavit form shall advise the person wishing to 23 cast a provisional ballot under this paragraph “b” , that falsely 24 executing such an affidavit is a class “D” felony. 25 c. A provisional ballot cast by a voter who was unable 26 or refused to provide the required proof of identification 27 pursuant to section 49.77, subsection 3A, paragraph “b” , which 28 is accompanied by an affidavit executed pursuant to paragraph 29 “b” of this subsection shall be presumed valid by the special 30 precinct board and shall be counted unless additional written 31 statements or documents are delivered to the commissioner’s 32 office prior to the date provisional ballots are considered by 33 the special precinct election board and the special precinct 34 election board determines such additional evidence successfully 35 -6- LSB 1274XS (4) 87 aw/sc 6/ 14

S.F. 47 rebuts the presumption of validity. 1 Sec. 12. Section 53.10, subsection 2, Code 2017, is amended 2 to read as follows: 3 2. Each person who wishes to vote by absentee ballot at 4 the commissioner’s office shall first sign an application for 5 a ballot including the following information: name, current 6 address, and the election for which the ballot is requested. 7 The person may report a change of address or other information 8 on the person’s voter registration record at that time. The 9 person must also provide proof of identification pursuant to 10 section 49.77, subsection 3, or be offered the option to vote a 11 provisional ballot pursuant to section 49.81 before receiving 12 an absentee ballot. Upon receipt of the absentee ballot, the 13 registered voter shall immediately mark the ballot; enclose the 14 ballot in a secrecy envelope, if necessary, and seal it in the 15 envelope marked with the affidavit; subscribe to the affidavit 16 on the reverse side of the envelope; and return the absentee 17 ballot to the commissioner. The commissioner shall record the 18 numbers appearing on the application and affidavit envelope 19 along with the name of the registered voter. 20 Sec. 13. Section 53.22, subsection 1, Code 2017, is amended 21 by adding the following new paragraph: 22 NEW PARAGRAPH . d. Before receiving a ballot under 23 this subsection, each applicant shall present proof of 24 identification pursuant to section 49.77, subsection 3, to the 25 special precinct election officers. If an applicant is unable 26 to present proof of identification, the applicant shall have an 27 opportunity to execute an affidavit in the form prescribed by 28 the state commissioner of elections affirming that the voter 29 does not have and is unable to obtain proof of identification 30 and that the voter resides in a hospital or health care 31 facility and is casting a ballot pursuant to this section. If 32 the applicant refuses to execute an affidavit, the voter’s 33 ballot shall be considered a provisional ballot cast pursuant 34 to section 49.81. 35 -7- LSB 1274XS (4) 87 aw/sc 7/ 14

S.F. 47 Sec. 14. Section 321.190, subsection 1, paragraph d, Code 1 2017, is amended to read as follows: 2 d. The fee for a nonoperator’s identification card shall 3 be eight dollars and the card shall be valid for a period of 4 eight years from the date of issuance. If an applicant for 5 a nonoperator’s identification card is a foreign national 6 who is temporarily present in this state, the nonoperator’s 7 identification card shall be issued only for the length of time 8 the foreign national is authorized to be present as determined 9 by the department, not to exceed two years. An issuance fee 10 shall not be charged for a person whose driver’s license or 11 driving privilege has been suspended under section 321.210, 12 subsection 1 , paragraph “a” , subparagraph (3), or voluntarily 13 surrendered by the person in lieu of suspension under section 14 321.210, subsection 1 , paragraph “a” , or for a person obtaining 15 an identification card to be used under section 49.77, 16 subsection 3, for voting purposes. Identification cards 17 obtained for voting purposes shall be labeled by the department 18 as “For Voting Purposes Only” . 19 DIVISION II 20 CONFORMING PROVISIONS 21 Sec. 15. Section 48A.8, subsection 2, unnumbered paragraph 22 1, Code 2017, is amended to read as follows: 23 An eligible elector who registers by mail and who has 24 not previously voted in an election for federal office in 25 the county of registration shall be required to provide 26 additional identification documents when voting for the first 27 time in the county, unless the registrant provided on the 28 registration form the registrant’s Iowa driver’s license 29 number, or the registrant’s Iowa nonoperator’s identification 30 card number, or the last four numerals of the registrant’s 31 social security number and the driver’s license, nonoperator’s 32 identification, or partial social security number matches 33 an existing state or federal identification record with the 34 same number, name, and date of birth. If the registrant 35 -8- LSB 1274XS (4) 87 aw/sc 8/ 14

S.F. 47 is required to show additional identification under this 1 subsection and votes in person at the polls, or by absentee 2 ballot at the commissioner’s office or at a satellite voting 3 station, the registrant shall provide a current and valid 4 photo identification card, or shall present to the appropriate 5 election official one of the following current documents that 6 shows the name and address of the registrant: 7 Sec. 16. Section 48A.8, subsection 4, Code 2017, is amended 8 to read as follows: 9 4. A registrant under subsection 2 who is required to 10 present additional identification when casting a ballot in 11 person shall be permitted to vote a provisional ballot if the 12 voter does not provide the required additional identification 13 documents pursuant to subsection 2 . If a voter who is required 14 to present such additional identification when casting a ballot 15 votes an absentee ballot by mail, the ballot returned by the 16 voter shall be considered a provisional ballot pursuant to 17 sections 49.81 and 53.31 . 18 Sec. 17. Section 48A.27, subsection 4, paragraph c, 19 subparagraph (2), Code 2017, is amended to read as follows: 20 (2) The notice shall contain a statement in substantially 21 the following form: 22 Information received from the United States postal service 23 indicates that you are no longer a resident of, and therefore 24 not eligible to vote in (name of county) County, Iowa. If this 25 information is not correct, and you still live in (name of 26 county) County, please complete and mail the attached postage 27 paid card at least ten days before the primary or general 28 election and at least eleven days before any other election at 29 which you wish to vote. If the information is correct and you 30 have moved, please contact a local official in your new area 31 for assistance in registering there. If you do not mail in 32 the card, you may be required to show identification before 33 being allowed to vote in (name of county) County. If you do not 34 return the card, and you do not vote in an election in (name 35 -9- LSB 1274XS (4) 87 aw/sc 9/ 14

S.F. 47 of county) County, Iowa, on or before (date of second general 1 election following the date of the notice) your name will be 2 removed from the list of voters in that county. 3 Sec. 18. Section 48A.29, subsection 1, paragraph b, Code 4 2017, is amended to read as follows: 5 b. The notice shall contain a statement in substantially the 6 following form: 7 Information received from the United States postal service 8 indicates that you are no longer a resident of (residence 9 address) in (name of county) County, Iowa. If this information 10 is not correct, and you still live in (name of county) County, 11 please complete and mail the attached postage paid card at 12 least ten days before the primary or general election and at 13 least eleven days before any other election at which you wish 14 to vote. If the information is correct, and you have moved, 15 please contact a local official in your new area for assistance 16 in registering there. If you do not mail in the card, you may 17 be required to show identification before being allowed to vote 18 in (name of county) County. If you do not return the card, and 19 you do not vote in some election in (name of county) County, 20 Iowa, on or before (date of second general election following 21 the date of the notice) your name will be removed from the list 22 of voters in that county. 23 Sec. 19. Section 48A.29, subsection 3, paragraph b, Code 24 2017, is amended to read as follows: 25 b. The notice shall contain a statement in substantially the 26 following form: 27 Information received by this office indicates that you are no 28 longer a resident of (residence address) in (name of county) 29 County, Iowa. If the information is not correct, and you still 30 live at that address, please complete and mail the attached 31 postage paid card at least ten days before the primary or 32 general election and at least eleven days before any other 33 election at which you wish to vote. If the information is 34 correct, and you have moved within the county, you may update 35 -10- LSB 1274XS (4) 87 aw/sc 10/ 14

S.F. 47 your registration by listing your new address on the card and 1 mailing it back. If you have moved outside the county, please 2 contact a local official in your new area for assistance in 3 registering there. If you do not mail in the card, you may be 4 required to show identification before being allowed to vote in 5 (name of county) County. If you do not return the card, and you 6 do not vote in some election in (name of county) County, Iowa, 7 on or before (date of second general election following the 8 date of the notice) your name will be removed from the list of 9 registered voters in that county. 10 DIVISION III 11 APPLICABILITY 12 Sec. 20. APPLICABILITY. This Act applies to elections held 13 on or after January 1, 2019. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill requires that a person provide proof of 18 identification at the time that the person votes and modifies 19 requirements relating to proof of identification and proof of 20 residence for election day and in-person absentee registration. 21 Division I of the bill modifies the proof of identification 22 and proof of residence requirements for election day and 23 in-person absentee registration. The bill provides that 24 acceptable proof of identification is the same proof of 25 identification the bill requires of a voter who is already 26 registered to vote. The bill removes residential leases and 27 property tax statements from the list of acceptable documents 28 to provide proof of residence for election day and in-person 29 absentee registration. 30 The bill maintains current law allowing a person wishing 31 to register to vote on election day, or in person when voting 32 an absentee ballot, to establish proof of identity and proof 33 of residence by written oath of a person who is registered to 34 vote in the precinct, but requires that the oath of the person 35 -11- LSB 1274XS (4) 87 aw/sc 11/ 14

S.F. 47 wishing to vote and the registered voter’s oath be executed on 1 the same piece of paper. 2 The bill requires that a voter provide proof of 3 identification to a precinct election official before being 4 allowed to vote, and also requires that a person wishing to 5 vote by absentee ballot at a county commissioner of elections 6 office or at a satellite absentee voting station present 7 the same proof of identification. The bill requires that 8 acceptable proof of identification show the name of the 9 individual voter, include a photograph of the voter, and be 10 issued by the government of the United States, the state of 11 Iowa, an Iowa public or private university or college, an Iowa 12 secondary school, or a political subdivision of the state. 13 The bill provides that, in lieu of providing identification 14 in order to vote, a person may establish proof of identity by 15 written oath of the person wishing to vote and of a person who 16 provides their own proof of identification and who attests 17 to the voter’s identity. The bill provides that the oath 18 shall be in the form prescribed by the state commissioner of 19 elections, and that the oath shall state the identity of the 20 person wishing to vote and shall attest to the stated identity 21 of the person wishing to vote. The bill requires that the oath 22 be signed by both the attesting person and the person wishing 23 to vote. The bill makes it a class “D” felony to falsely sign 24 an oath pursuant to this provision or to falsely attest to a 25 voter’s identity. The bill requires that the oath advise both 26 persons that falsely stating or attesting to a voter’s identity 27 is a class “D” felony. A class “D” felony is punishable by 28 confinement for no more than five years and a fine of at least 29 $750 but not more than $7,500. The bill provides that an 30 attesting person is prohibited from signing any additional such 31 oaths for the same election. 32 The bill provides that if proof of identification is 33 established the person shall then be allowed to vote. If a 34 person is unable or refuses to present proof of identification, 35 -12- LSB 1274XS (4) 87 aw/sc 12/ 14

S.F. 47 or if the precinct election official determines that the 1 proof of identification does not meet specified requirements, 2 the person shall be offered the option to vote a provisional 3 ballot. If a person is casting a provisional ballot 4 under these circumstances, the person shall receive a 5 printed statement giving notice of the types of acceptable 6 identification and notice that the person is required to show 7 acceptable identification before the provisional ballot can be 8 counted unless the voter executes an affidavit affirming that 9 the voter is the person the voter claims to be and affirming 10 that the voter is either indigent and unable to obtain proof of 11 identification without the payment of a fee or that the voter 12 has a religious objection to being photographed. The precinct 13 election official shall indicate on the provisional ballot that 14 the voter is casting a provisional ballot due to the voter’s 15 inability or refusal to present proof of identification. 16 The bill makes it a class “D” felony to falsify an affidavit 17 affirming indigency or religious objection. The bill also 18 provides that any provisional ballot cast accompanied by 19 an affidavit affirming indigency or religious objection 20 shall be presumed valid unless additional written statements 21 or documents are delivered to the county commissioner of 22 elections office prior to the date that provisional ballots 23 are considered and the precinct election board determines that 24 such additional evidence successfully rebuts the presumption 25 of validity. A class “D” felony is punishable by confinement 26 for no more than five years and a fine of at least $750 but not 27 more than $7,500. 28 The bill also makes changes to the election notice to be 29 published by the county commissioner of elections to require 30 that election notices include a statement that all voters will 31 be required to show proof of identification before casting a 32 ballot. 33 The bill requires that certain persons residing in a 34 hospital or health care facility who apply to vote by absentee 35 -13- LSB 1274XS (4) 87 aw/sc 13/ 14

S.F. 47 ballot shall present proof of identification. If the applicant 1 is unable to present proof of identification they shall be 2 allowed to execute an affidavit in the form prescribed by the 3 state commissioner of elections, stating that the voter does 4 not have and is unable to obtain proof of identification and 5 that the voter resides in a hospital or health care facility. 6 If the applicant refuses to execute such an affidavit and is 7 unable to present proof of identification, the voter is allowed 8 to cast a provisional ballot. A person who willfully violates 9 these provisions by falsely making or signing an affidavit in 10 connection with an absentee ballot commits election misconduct 11 in the first degree as vote fraud under current Code section 12 39A.2, which constitutes a class “D” felony. A class “D” 13 felony is punishable by confinement for no more than five years 14 and a fine of at least $750 but not more than $7,500. 15 The bill also provides that a person obtaining a 16 nonoperator’s identification card for the purpose of voting 17 shall not be charged for the issuance of the nonoperator’s 18 identification card. The bill requires that nonoperator’s 19 identification cards issued to serve as proof of identification 20 for voting be labeled by the department of transportation as 21 “For Voting Purposes Only”. 22 Division II of the bill makes conforming changes to certain 23 required notices on forms related to voter registration and 24 registration by mail. 25 Division III of the bill provides that the bill applies to 26 elections held on or after January 1, 2019. 27 -14- LSB 1274XS (4) 87 aw/sc 14/ 14