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