SF 65 (LSB 1193XS (2) 88)

SENATE FILE 65

BY  BISIGNANO

A BILL FOR

An Act automatically restoring the right to vote and hold elective office for persons who have been discharged from probation, parole, or work release, or who have been released from confinement.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 43.18, subsection 9, Code 2019, is amended by striking the subsection.
    Sec. 2.  Section 43.67, subsection 2, paragraph i, Code 2019, is amended by striking the paragraph.
    Sec. 3.  Section 44.3, subsection 2, paragraph i, Code 2019, is amended by striking the paragraph.
    Sec. 4.  Section 45.3, subsection 9, Code 2019, is amended by striking the subsection.
    Sec. 5.  Section 48A.6, subsection 1, Code 2019, 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. 6.  Section 57.1, subsection 2, paragraph c, Code 2019, 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. 7.  Section 123.3, subsection 35, paragraph d, Code 2019, 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. 8.  Section 161A.5, subsection 3, paragraph b, Code 2019, 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.
    Sec. 9.  Section 277.4, subsection 2, paragraph b, Code 2019, 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.
    Sec. 10.  Section 376.4, subsection 2, paragraph b, Code 2019, 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.
    Sec. 11.  Section 914.2, Code 2019, 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. 12.  Section 914.6, subsection 3, Code 2019, is amended to read as follows:
   3.  In the case of a remission of fines and forfeitures, restoration of rights of citizenship other than the right to register to vote and to vote, or a pardon, commutation of sentence, or reprieve, if the person is not in custody, one copy of the executive instrument shall be delivered to the person and one copy to the clerk of the district court where the judgment is of record. A list of the restorations of rights of citizenship issued by the governor shall be delivered to the state registrar of voters at least once each month.
    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 under section 907.9, discharged from parole or work release under section 906.15, or who is released from confinement under section 902.6 because the person has completed the person’s term of confinement, shall have the right to register to vote and to vote as provided in this section.
   2.  Upon discharge from confinement or supervision, the department of corrections or judicial district department of correctional services, whichever is applicable, shall provide written notice to the inmate, parolee, or probationer of the person’s discharge which shall include a voter registration form and a statement that the person’s right to register to vote and to vote is restored. The notice shall also inform the person that when first registering to vote after discharge, the person must present the discharge notice to the commissioner of registration.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill makes restoration of the right to register to vote and to vote automatic upon a person’s release from probation, parole, or work release. By operation of law, persons whose rights have been restored are eligible to run for elective office.
   The bill requires the department of corrections or the judicial district department of correctional services to provide written notice upon discharge from confinement or supervision that a person’s voting rights are restored and that the person must provide written notice of discharge when registering to vote. The notice shall also include a voter registration form.