HF 2164 (LSB 5299YH (2) 91)

HOUSE FILE 2164

BY  GOLDING, LARSON, HAYES, THOMSON, DIEKEN, FETT, GERHOLD, WILLIAMS, SMITH, GEARHART, THOMPSON, BRADLEY, and ANDREWS

A BILL FOR

An Act relating to the casting of provisional ballots by persons registering to vote on election day or when casting an in-person absentee ballot.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 48A.7A, subsection 5, Code 2026, is amended to read as follows:
   5.  a.  If a person registers to vote under this section at a polling place that has access to an electronic poll book, the precinct election official shall verify against a database maintained by the state commissioner that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person has had the person’s voting rights restored. If the precinct election official determines that the person has not been convicted of a felony or has been convicted of a felony but the person’s voting rights have been restored, the precinct election official shall furnish a ballot to the voter. If the database indicates that the person has been convicted of a felony and that the person’s voting rights have not been restored, the precinct election official shall challenge the person under section 49.79.
   b.  If a A person who registers to vote under this section at a polling place that does not have access to an electronic poll book, the person shall be permitted to cast a provisional ballot under section 49.81, and the absentee and special voters precinct board, appointed pursuant to section 53.23, shall verify against a database maintained by the state commissioner that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person’s voting rights have been restored. If information in the database indicates that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person’s voting rights have been restored, the voter’s provisional ballot shall be counted. If the database indicates that the person has been convicted of a felony and the person’s voting rights have not been restored, the voter’s provisional ballot shall be rejected.
    Sec. 2.  Section 48A.14, subsection 4, Code 2026, is amended to read as follows:
   4.  A challenge may be filed at any time. A challenge filed less than seventy days before a regularly scheduled election shall not be processed until after the pending election unless the challenge is filed within twenty days of the commissioner’s receipt of the challenged registrant’s registration form or notice of change to an existing registration. A challenge filed against a person registering to vote pursuant to section 48A.7A is considered a challenge to a person offering to vote and must be filed under section 49.79.
    Sec. 3.  Section 49.77, subsection 3, paragraph b, Code 2026, is amended to read as follows:
   b.  If the voter informs the precinct election official that the voter resides in the precinct and is not registered to vote, the voter may register to vote pursuant to section 48A.7A and cast a ballot. If such a voter is unable to establish identity and residency in the manner provided in section 48A.7A, subsection 1, paragraph “b” or “c”, the voter shall be allowed to cast a ballot in the manner prescribed by section 49.81.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires a person registering to vote on election day or when casting an in-person absentee ballot to cast a provisional ballot. The absentee and special voters precinct board shall then count the provisional ballot only if the board determines that the voter was eligible to vote. Under current law, a person registering to vote on election day or when casting an in-person absentee ballot may cast a regular ballot if the polling place can verify the voter’s eligibility to vote using an electronic poll book.