House File 653 - Reprinted



                                       HOUSE FILE       
                                       BY  COMMITTEE ON STATE
                                           GOVERNMENT

                                       (SUCCESSOR TO HSB 204)


    Passed House, Date               Passed Senate,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act allowing a voter to register to vote and to vote after
  2    regular registration and prior to voting in an election and
  3      making a penalty applicable and providing an applicability
  4    date.
  5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  6 HF 653
  7 sc/jg/25

PAG LIN



  1  1    Section 1.  Section 39A.2, subsection 1, paragraph a, Code
  1  2 2007, is amended to read as follows:
  1  3    a.  REGISTRATION FRAUD.
  1  4    (1)  Produces, procures, submits, or accepts a voter
  1  5 registration application that is known by the person to be
  1  6 materially false, fictitious, forged, or fraudulent.
  1  7    (2)  Falsely swears to an oath required pursuant to section
  1  8 48A.7A.
  1  9    Sec. 2.  NEW SECTION.  48A.7A  ELECTION DAY AND IN=PERSON
  1 10 ABSENTEE REGISTRATION.
  1 11    1.  a.  A person who is eligible to register to vote and to
  1 12 vote may register on election day by appearing in person at
  1 13 the polling place for the precinct in which the individual
  1 14 resides and completing a voter registration application,
  1 15 making written oath, and providing proof of identity and
  1 16 residence.
  1 17    b.  (1) For purposes of this section, a person may
  1 18 establish identity and residence by presenting to the
  1 19 appropriate precinct election official a current and valid
  1 20 Iowa driver's license or Iowa nonoperator's identification
  1 21 card or by presenting any of the following current and valid
  1 22 forms of identification if such identification contains the
  1 23 person's photograph and a validity expiration date:
  1 24    (a)  An out=of=state driver's license or nonoperator's
  1 25 identification card.
  1 26    (b)  A United States passport.
  1 27    (c)  A United States military identification card.
  1 28    (d)  An identification card issued by an employer.
  1 29    (e)  A student identification card issued by an Iowa high
  1 30 school or an Iowa postsecondary educational institution.
  1 31    (2)  If the photographic identification presented does not
  1 32 contain the person's current address in the precinct, the
  1 33 person shall also present one of the following documents that
  1 34 shows the person's name and address in the precinct:
  1 35    (a)  Residential lease.
  2  1    (b)  Property tax statement.
  2  2    (c)  Utility bill.
  2  3    (d)  Bank statement.
  2  4    (e)  Paycheck.
  2  5    (f)  Government check.
  2  6    (g)  Other government document.
  2  7    c.  In lieu of paragraph "b", a person wishing to vote may
  2  8 establish identity and residency in the precinct by written
  2  9 oath of a person who is registered to vote in the precinct.
  2 10 The registered voter's oath shall attest to the stated
  2 11 identity of the person wishing to vote and that the person is
  2 12 a current resident of the precinct.  The oath must be signed
  2 13 by the attesting registered voter in the presence of the
  2 14 appropriate precinct election official.  A registered voter
  2 15 who has signed an oath on election day attesting to a person's
  2 16 identity and residency as provided in this paragraph is
  2 17 prohibited from signing any further oaths as provided in this
  2 18 paragraph on that day.
  2 19    2.  The oath required in subsection 1, paragraph "a", and
  2 20 in paragraph "c", if applicable, shall be attached to the
  2 21 voter registration application.
  2 22    3.  At any time before election day, a person who appears
  2 23 in person at the commissioner's office or at a satellite
  2 24 absentee voting station after the deadline for registration in
  2 25 section 48A.9, may register to vote and vote an absentee
  2 26 ballot by following the procedure in this section for
  2 27 registering to vote on election day.  A person who wishes to
  2 28 vote in person at the polling place on election day and who
  2 29 has not registered to vote before the deadline for registering
  2 30 in section 48A.9, is required to register to vote at the
  2 31 polling place on election day following the procedure in this
  2 32 section.  However, the person may complete the voter
  2 33 registration application at the commissioner's office and,
  2 34 after the commissioner has reviewed the completed application,
  2 35 may present the application to the appropriate precinct
  3  1 election official along with proof of identity and residency.
  3  2    4.  a.  The form of the written oath required of the person
  3  3 registering under this section shall read as follows:
  3  4    I, (name of registrant), do solemnly swear or affirm all of
  3  5 the following:
  3  6    I am a resident of the ......... precinct, ....... ward
  3  7 or township, city of ........., county of ........., Iowa.
  3  8    I am the person named above.
  3  9    I live at the address listed below.
  3 10    I do not claim the right to vote anywhere else.
  3 11    I have not voted and will not vote in any other precinct in
  3 12 this election.
  3 13    I understand that any false statement in this oath is a
  3 14 class "D" felony punishable by no more than five years in
  3 15 confinement and a fine of at least seven hundred fifty dollars
  3 16 but not more than seven thousand five hundred dollars.
  3 17                                  ........................
  3 18                                  Signature of Registrant
  3 19                                  ........................
  3 20                                  Address
  3 21                                  ........................
  3 22                                  Telephone (optional to provide)
  3 23    Subscribed and sworn before me on (date).
  3 24 .....................
  3 25 Signature of Precinct Election Official
  3 26    b.  The form of the written oath required of a person
  3 27 attesting to the identity and residency of the registrant
  3 28 shall read as follows:
  3 29    I, (name of registered voter), do solemnly swear or affirm
  3 30 all of the following:
  3 31    I am a preregistered voter in this precinct or I registered
  3 32 to vote in this precinct today, and a registered voter did not
  3 33 sign an oath on my behalf.
  3 34    I am a resident of the ......... precinct, ....... ward
  3 35 or township, city of ........., county of ........., Iowa.
  4  1    I reside at ................. in .................
  4  2                (street address)     (city or township)
  4  3    I personally know ..................., and I personally know
  4  4                      (name or registrant)
  4  5 that ..................... is a resident of the ....... precinct,
  4  6      (name of registrant)
  4  7 ............ ward or township, city of ......., county of
  4  8 ......., Iowa.
  4  9    I understand that any false statement in this oath is a
  4 10 class "D" felony punishable by no more than five years in
  4 11 confinement and a fine of at least seven hundred fifty dollars
  4 12 but not more than seven thousand five hundred dollars.
  4 13                                  ........................
  4 14                                  Signature of Registered Voter
  4 15    Subscribed and sworn before me on (date).
  4 16 .....................
  4 17 Signature of Precinct Election Official
  4 18    Sec. 3.  Section 48A.9, subsection 1, Code 2007, is amended
  4 19 to read as follows:
  4 20    1.  Registration closes at five p.m. eleven days before
  4 21 each election except primary and general elections.  For
  4 22 primary and general elections, registration closes at five
  4 23 p.m. ten days before the election.  An eligible elector may
  4 24 register during the time registration is closed in the
  4 25 elector's precinct but the registration shall not become
  4 26 effective until registration opens again in the elector's
  4 27 precinct, except as otherwise provided in section 48A.7A.
  4 28    Sec. 4.  NEW SECTION.  48A.26A  ACKNOWLEDGMENT OF ELECTION
  4 29 DAY AND IN=PERSON ABSENTEE REGISTRATION FORM.
  4 30    1.  Within forty=five days of receiving a voter
  4 31 registration form completed under section 48A.7A, the
  4 32 commissioner shall send an acknowledgment to the registrant,
  4 33 in the manner provided in section 48A.26, subsections 2
  4 34 through 5, as applicable, at the mailing address shown on the
  4 35 registration form.  The acknowledgment shall be sent by
  5  1 nonforwardable mail.
  5  2    2.  If the acknowledgment is returned as undeliverable by
  5  3 the postal service, the commissioner shall attempt to contact
  5  4 the voter by forwardable mail.  If a response is not received
  5  5 from the voter within fourteen days after the notice is
  5  6 mailed, the commissioner shall change the status of the
  5  7 registration to inactive status and shall immediately notify
  5  8 the state registrar of voters and the county attorney.
  5  9    Sec. 5.  Section 48A.37, subsection 2, Code 2007, is
  5 10 amended to read as follows:
  5 11    2.  Electronic records shall include a status code
  5 12 designating whether the records are active, inactive, local,
  5 13 or pending.  Inactive records are records of registered voters
  5 14 to whom notices have been sent pursuant to section 48A.28,
  5 15 subsection 3, and who have not returned the card or otherwise
  5 16 responded to the notice, and those records have been
  5 17 designated inactive pursuant to section 48A.29.  Inactive
  5 18 records are also records of registered voters to whom notices
  5 19 have been sent pursuant to section 48A.26A and who have not
  5 20 responded to the notice.  Local records are records of
  5 21 applicants who did not answer either "yes" or "no" to the
  5 22 question in section 48A.11, subsection 3, paragraph "a".
  5 23 Pending records are records of applicants whose applications
  5 24 have not been verified pursuant to section 48A.25A.  All other
  5 25 records are active records.  An inactive record shall be made
  5 26 active when the registered voter votes at an election,
  5 27 registers again, or reports a change of name, address,
  5 28 telephone number, or political party affiliation.  A pending
  5 29 record shall be made active upon verification.  A local record
  5 30 shall be valid for any election for which no candidates for
  5 31 federal office appear on the ballot.  A registrant with only a
  5 32 local record shall not vote in a federal election unless the
  5 33 registrant submits a new voter registration application before
  5 34 election day indicating that the applicant is a citizen of the
  5 35 United States.
  6  1    Sec. 6.  Section 49.77, subsection 4, Code 2007, is amended
  6  2 to read as follows:
  6  3    4.  a.  A person whose name does not appear on the election
  6  4 register of the precinct in which that person claims the right
  6  5 to vote shall not be permitted to vote, unless the person
  6  6 affirms that the person is currently registered in the county
  6  7 and presents proof of identity, or the commissioner informs
  6  8 the precinct election officials that an error has occurred and
  6  9 that the person is a registered voter of that precinct.  If
  6 10 the commissioner finds no record of the person's registration
  6 11 but the person insists that the person is a registered voter
  6 12 of that precinct, the precinct election officials shall allow
  6 13 the person to cast a ballot in the manner prescribed by
  6 14 section 49.81.
  6 15    b.  If the voter informs the precinct election official
  6 16 that the voter resides in the precinct and is not registered
  6 17 to vote, the voter may register to vote pursuant to section
  6 18 48A.7A and cast a ballot.  If such a voter is unable to
  6 19 establish identity and residency in the manner provided in
  6 20 section 48A.7A, subsection 1, paragraph "b" or "c", the voter
  6 21 shall be allowed to cast a ballot in the manner prescribed by
  6 22 section 49.81.
  6 23    c.  A person who has been sent an absentee ballot by mail
  6 24 but for any reason has not received it shall be permitted to
  6 25 cast a ballot in person pursuant to section 53.19 and in the
  6 26 manner prescribed by section 49.81.
  6 27    Sec. 7.  APPLICABILITY DATE.  This Act applies to elections
  6 28 held on or after January 1, 2008.
  6 29 HF 653
  6 30 sc:rj/jg/25