HF 353 (LSB 2378YH (3) 91)

HOUSE FILE 353

BY  WULF

A BILL FOR

An Act relating to eligibility to vote or stand for election in a primary election or caucus.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 43.17, Code 2025, is amended to read as follows:
   43.17  Preclusion of partisan nomination.
   1.  A person shall not file nomination papers under this chapter on behalf of a candidate if nomination papers have been filed pursuant to section 44.4 on behalf of the candidate for the same office and election year.
   2.  A person shall not file nomination papers under this chapter on behalf of a candidate if the candidate has not been a member of the political party for which the candidate seeks nomination for at least one year immediately prior to the date of filing. This subsection does not apply to a candidate who has not previously cast a ballot in any primary or general election and who is not a member of another political party.
    Sec. 2.  Section 43.38, Code 2025, is amended to read as follows:
   43.38  Voter confined to party ticket.
   The elector shall be allowed to vote for candidates for nomination on the ballot of the party with which the elector is has been registered as affiliated for the thirty days immediately preceding the primary election, or with which the elector is registered as affiliated if the elector has not previously cast a ballot in any primary or general election and is not registered as affiliated with another political party, and shall receive no other ballot. The voter shall mark and return the ballot in the manner provided in section 49.84.
    Sec. 3.  Section 43.43, Code 2025, is amended to read as follows:
   43.43  Voter’s declaration of eligibility.
   Each person voting at a primary election shall sign a declaration of eligibility which shall be in substantially the following form:
   I do solemnly swear or affirm that I am a resident of the ........... precinct, ......... ward or township, city of ......, county of ......, Iowa.

   I am a registered voter. I have not voted and will not vote in any other precinct in this election.

   I am affiliated with the ...... party. If my current voter registration record indicates another party affiliation or no party affiliation, I swear or affirm that I have in good faith changed my previously declared party affiliation, or declared my party affiliation, not later than thirty days before this primary election or that I have not previously cast a ballot in any primary or general election and that I am not currently a member of another party, and now desire to be a member of the party indicated above.

                 ..................................
              Signature of voter

                 ..................................
              Address

                 (........)........................
              Telephone (optional)
Approved:
....................................
Election board member

                       ......................
                    Date
    Sec. 4.  Section 43.91, subsection 1, Code 2025, is amended to read as follows:
   1.  Any person voting at a precinct caucus must be a person who is or will by the date of the next general election become an eligible elector, who has not already participated in the caucus of any political party within the same year, and who is a resident of the precinct, and who has been a registered member of the political party holding the precinct caucus for the thirty days immediately preceding the precinct caucus. A list of the names and addresses of each person to whom a ballot was delivered or who was allowed to vote in each precinct caucus shall be prepared by the caucus chairperson and secretary who shall certify such list to the commissioner at the same time as the names of those elected as delegates and party committee members are so certified.
    Sec. 5.  Section 53.2, subsection 6, Code 2025, is amended by striking the subsection.
    Sec. 6.  REPEAL.  Section 43.42, Code 2025, is repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill prohibits a person from filing nomination papers on behalf of a candidate for a partisan nomination if the candidate has not been a member of the political party for which the candidate seeks nomination for at least one year immediately prior to the date of filing, unless the candidate has not previously cast a ballot in any primary or general election and is not a member of another political party.
   The bill requires a person to have been registered as a member of a political party for the 30 days immediately preceding a primary election or caucus held by the political party in order to be allowed to vote in that primary election or caucus. This requirement does not apply to a person who has not previously cast a ballot in any primary or general election and who is not a member of another political party. The bill repeals provisions allowing a registered voter to change or declare a political party affiliation on the day of a primary election or by submitting an absentee ballot request form.