House File 95 - Reprinted HOUSE FILE 95 BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 8) (As Amended and Passed by the House January 27, 2011 ) A BILL FOR An Act establishing a requirement for voters to provide 1 certain identification when voting in person, providing for 2 properly related matters, and including effective date and 3 applicability provisions. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 HF 95 (4) 84 sc/nh

H.F. 95 Section 1. Section 43.49, subsection 1, unnumbered 1 paragraph 1, Code 2011, is amended to read as follows: 2 On the Monday or Tuesday following the primary election, the 3 board of supervisors shall meet, open, and canvass the returns 4 from each voting precinct in the county, and make abstracts 5 thereof, stating the following: 6 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 7 2011, is amended to read as follows: 8 a. A person who is eligible to register to vote and to vote 9 may register on election day by appearing in person at the 10 polling place for the precinct in which the individual resides 11 and completing a voter registration application, making written 12 oath, and providing proof of identity and residence proof of 13 residence pursuant to paragraph “b” . 14 Sec. 3. Section 48A.7A, subsection 1, paragraph b, Code 15 2011, is amended to read as follows: 16 b. (1) For purposes of this section , a person may establish 17 identity and residence by presenting to the appropriate 18 precinct election official a current and valid Iowa driver’s 19 license or Iowa nonoperator’s identification card or by 20 presenting any of the following current and valid forms of 21 identification if such identification contains the person’s 22 photograph and a validity expiration date: by showing proof of 23 identification as required in section 49.77, subsection 3. 24 (a) An out-of-state driver’s license or nonoperator’s 25 identification card. 26 (b) A United States passport. 27 (c) A United States military identification card. 28 (d) An identification card issued by an employer. 29 (e) A student identification card issued by an Iowa high 30 school or an Iowa postsecondary educational institution. 31 (2) If the photographic identification presented does not 32 contain the person’s current address in the precinct, For 33 purposes of this section, a person may establish residence 34 using proof of identification presented pursuant to section 35 -1- HF 95 (4) 84 sc/nh 1/ 13

H.F. 95 49.77, subsection 3, if the proof of identification contains 1 the person’s current address in the precinct. If the proof of 2 identification does not contain the person’s current address 3 in the precinct, the person shall also present one of the 4 following documents that shows the person’s name and current 5 address in the precinct: 6 (a) Residential lease. 7 (b) Property tax statement. 8 (c) Utility bill. 9 (d) Bank statement. 10 (e) Paycheck. 11 (f) Government check. 12 (g) Other government document. 13 Sec. 4. Section 48A.7A, subsection 1, paragraph c, Code 14 2011, is amended by striking the paragraph. 15 Sec. 5. Section 48A.7A, subsections 2 and 3, Code 2011, are 16 amended to read as follows: 17 2. The oath required in subsection 1 , paragraph “a” , and in 18 paragraph “c” , if applicable, shall be attached to the voter 19 registration application. 20 3. At any time before election day, and after the deadline 21 for registration in section 48A.9 , a person who appears in 22 person at the commissioner’s office or at a satellite absentee 23 voting station or whose ballot is delivered to a health care 24 facility pursuant to section 53.22 may register to vote and 25 vote an absentee ballot by following the procedure in this 26 section for registering to vote on election day. A person who 27 wishes to vote in person at the polling place on election day 28 and who has not registered to vote before the deadline for 29 registering in section 48A.9 , is required to register to vote 30 at the polling place on election day following the procedure 31 in this section . However, the person may complete the voter 32 registration application at the commissioner’s office and, 33 after the commissioner has reviewed the completed application, 34 may present the application to the appropriate precinct 35 -2- HF 95 (4) 84 sc/nh 2/ 13

H.F. 95 election official along with proof of identity and residency 1 identification and proof of residence . 2 Sec. 6. Section 48A.7A, subsection 4, paragraph b, Code 3 2011, is amended by striking the paragraph. 4 Sec. 7. Section 48A.8, subsection 2, unnumbered paragraph 5 1, Code 2011, is amended to read as follows: 6 An eligible elector who registers by mail and who has 7 not previously voted in an election for federal office in 8 the county of registration shall be required to provide 9 additional identification documents when voting for the first 10 time in the county, unless the registrant provided on the 11 registration form the registrant’s Iowa driver’s license 12 number, or the registrant’s Iowa nonoperator’s identification 13 card number, or the last four numerals of the registrant’s 14 social security number and the driver’s license, nonoperator’s 15 identification, or partial social security number matches 16 an existing state or federal identification record with the 17 same number, name, and date of birth. If the registrant 18 is required to show additional identification under this 19 subsection and votes in person at the polls, or by absentee 20 ballot at the commissioner’s office or at a satellite voting 21 station, the registrant shall provide a current and valid 22 photo identification card, or shall present to the appropriate 23 election official one of the following current documents that 24 shows the name and address of the registrant: 25 Sec. 8. Section 48A.8, subsection 4, Code 2011, is amended 26 to read as follows: 27 4. A registrant under subsection 2 who is required to 28 present additional identification when casting a ballot in 29 person shall be permitted to vote a provisional ballot if the 30 voter does not provide the required additional identification 31 documents pursuant to subsection 2 . If a voter who is required 32 to present such additional identification when casting a ballot 33 votes an absentee ballot by mail, the ballot returned by the 34 voter shall be considered a provisional ballot pursuant to 35 -3- HF 95 (4) 84 sc/nh 3/ 13

H.F. 95 sections 49.81 and 53.31 . 1 Sec. 9. Section 48A.27, subsection 4, paragraph c, 2 subparagraph (2), Code 2011, is amended to read as follows: 3 (2) The notice shall contain a statement in substantially 4 the following form: 5 Information received from the United States postal service 6 indicates that you are no longer a resident of, and therefore 7 not eligible to vote in (name of county) County, Iowa. If this 8 information is not correct, and you still live in (name of 9 county) County, please complete and mail the attached postage 10 paid card at least ten days before the primary or general 11 election and at least eleven days before any other election at 12 which you wish to vote. If the information is correct and you 13 have moved, please contact a local official in your new area 14 for assistance in registering there. If you do not mail in 15 the card, you may be required to show identification before 16 being allowed to vote in (name of county) County. If you do not 17 return the card, and you do not vote in an election in (name 18 of county) County, Iowa, on or before (date of second general 19 election following the date of the notice) your name will be 20 removed from the list of voters in that county. 21 Sec. 10. Section 48A.29, subsection 1, paragraph b, Code 22 2011, is amended to read as follows: 23 b. The notice shall contain a statement in substantially the 24 following form: 25 Information received from the United States postal service 26 indicates that you are no longer a resident of (residence 27 address) in (name of county) County, Iowa. If this information 28 is not correct, and you still live in (name of county) County, 29 please complete and mail the attached postage paid card at 30 least ten days before the primary or general election and at 31 least eleven days before any other election at which you wish 32 to vote. If the information is correct, and you have moved, 33 please contact a local official in your new area for assistance 34 in registering there. If you do not mail in the card, you may 35 -4- HF 95 (4) 84 sc/nh 4/ 13

H.F. 95 be required to show identification before being allowed to vote 1 in (name of county) County. If you do not return the card, and 2 you do not vote in some election in (name of county) County, 3 Iowa, on or before (date of second general election following 4 the date of the notice) your name will be removed from the list 5 of voters in that county. 6 Sec. 11. Section 48A.29, subsection 3, paragraph b, Code 7 2011, is amended to read as follows: 8 b. The notice shall contain a statement in substantially the 9 following form: 10 Information received by this office indicates that you are no 11 longer a resident of (residence address) in (name of county) 12 County, Iowa. If the information is not correct, and you still 13 live at that address, please complete and mail the attached 14 postage paid card at least ten days before the primary or 15 general election and at least eleven days before any other 16 election at which you wish to vote. If the information is 17 correct, and you have moved within the county, you may update 18 your registration by listing your new address on the card and 19 mailing it back. If you have moved outside the county, please 20 contact a local official in your new area for assistance in 21 registering there. If you do not mail in the card, you may be 22 required to show identification before being allowed to vote in 23 (name of county) County. If you do not return the card, and you 24 do not vote in some election in (name of county) County, Iowa, 25 on or before (date of second general election following the 26 date of the notice) your name will be removed from the list of 27 registered voters in that county. 28 Sec. 12. Section 49.77, subsection 3, Code 2011, is amended 29 by striking the subsection and inserting in lieu thereof the 30 following: 31 3. a. A precinct election official shall require the voter 32 to produce for inspection proof of identification before being 33 allowed to sign the voter roster or declaration of eligibility. 34 b. For purposes of this section, “proof of identification” 35 -5- HF 95 (4) 84 sc/nh 5/ 13

H.F. 95 refers to a document that satisfies all of the following: 1 (1) The document shows the name of the individual to whom 2 the document was issued which shall conform to the name on the 3 election register. 4 (2) The document shows a photograph of the individual to 5 whom it was issued. 6 (3) The document includes an expiration date, and the 7 document is not expired at the time it is presented or expired 8 after the date of the last preceding general election. 9 (4) The document was issued by the United States or the 10 state of Iowa. 11 c. If a voter is unable or refuses to present proof of 12 identification or the precinct election official determines the 13 proof of identification provided by the voter does not qualify 14 as proof of identification under paragraph “b” , the precinct 15 election official shall challenge the voter as provided in 16 section 49.79. If the voter is challenged under this paragraph 17 “c” , the voter shall be offered the option to vote a ballot, but 18 only in accordance with section 49.81. 19 Sec. 13. Section 49.77, Code 2011, is amended by adding the 20 following new subsection: 21 NEW SUBSECTION . 3A. If proof of identification is 22 established under subsection 3 to the satisfaction of the 23 precinct election officials, the person may then be allowed to 24 vote. 25 Sec. 14. Section 49.77, subsection 4, paragraphs a and b, 26 Code 2011, are amended to read as follows: 27 a. A person whose name does not appear on the election 28 register of the precinct in which that person claims the right 29 to vote shall not be permitted to vote, unless the person 30 affirms that the person is currently registered in the county 31 and presents proof of identity, or the commissioner informs 32 the precinct election officials that an error has occurred 33 and that the person is a registered voter of that precinct 34 identification pursuant to subsection 3 . If the commissioner 35 -6- HF 95 (4) 84 sc/nh 6/ 13

H.F. 95 finds no record of the person’s registration but the person 1 insists that the person is a registered voter of that precinct, 2 the precinct election officials shall allow the person to cast 3 a ballot in the manner prescribed by section 49.81 . 4 b. If the voter informs the precinct election official that 5 the voter resides in the precinct and is not registered to 6 vote, the voter may register to vote pursuant to section 48A.7A 7 and cast a ballot. If such a voter is unable to establish 8 identity and residency in the manner provided in section 9 48A.7A, subsection 1 , paragraph “b” or “c” , the voter shall be 10 allowed to cast a ballot in the manner prescribed by section 11 49.81 . 12 Sec. 15. Section 49.79, subsection 2, Code 2011, is amended 13 by adding the following new paragraph: 14 NEW PARAGRAPH . h. The challenged person was unable or 15 refused to provide proof of identification, or provided 16 insufficient proof of identification, pursuant to section 17 49.77, subsection 3. 18 Sec. 16. Section 49.81, subsection 1, Code 2011, is amended 19 to read as follows: 20 1. A prospective voter who is prohibited under section 21 48A.8, subsection 4 , section 49.77, subsection 3 or 4 , section 22 49.80 , or section 53.19, subsection 3 , from voting except under 23 this section shall be notified by the appropriate precinct 24 election official that the voter may cast a provisional 25 ballot. The voter shall mark the ballot and immediately 26 seal it in an envelope of the type prescribed by subsection 27 4 . The voter shall deliver the sealed envelope to a precinct 28 election official who shall deposit it in an envelope marked 29 “provisional ballots”. The ballot shall be considered as 30 having been cast in the special precinct established by section 31 53.20 for purposes of the postelection canvass. 32 Sec. 17. Section 49.81, subsection 2, paragraph b, Code 33 2011, is amended to read as follows: 34 b. If the person is casting a provisional ballot because the 35 -7- HF 95 (4) 84 sc/nh 7/ 13

H.F. 95 person failed was unable or refused to provide a required form 1 of identification under section 48A.7A, subsection 1, section 2 48A.8, subsection 4, or section 49.77, subsection 3 , a list of 3 the types of acceptable identification and notification that 4 the person must show identification before the ballot can be 5 counted. If a voter is unable or refuses to show proof of 6 identification required under section 49.77, subsection 3, 7 the notification shall also inform the voter of the right to 8 execute an affidavit pursuant to subsection 5. 9 Sec. 18. Section 49.81, Code 2011, is amended by adding the 10 following new subsection: 11 NEW SUBSECTION . 5. a. If a voter casts a provisional 12 ballot pursuant to section 49.77, subsection 3, the precinct 13 election official shall indicate on the provisional ballot 14 envelope that the voter was challenged for the voter’s 15 inability or refusal to provide proof of identification. 16 b. No later than noon on the Monday following the election, 17 a voter challenged pursuant to section 49.77, subsection 3, 18 paragraph “c” , shall appear at the commissioner’s office 19 and execute an affidavit in the form prescribed by the state 20 commissioner, affirming that the voter is the same individual 21 who personally appeared before the precinct election board and 22 cast the provisional ballot on election day. The voter must 23 also present proof of identification required by section 49.77, 24 subsection 3, or further affirm either of the following: 25 (1) The voter is indigent and unable to obtain proof of 26 identification without the payment of a fee. 27 (2) The voter has a religious objection to being 28 photographed. 29 c. If the board determines that the voter has been 30 challenged solely for the inability or refusal of the voter to 31 provide proof of identification and the voter presents proof 32 of identification or executes the affidavit, as provided in 33 paragraph “b” , the board shall find that the provisional ballot 34 is valid and direct that it be counted. 35 -8- HF 95 (4) 84 sc/nh 8/ 13

H.F. 95 Sec. 19. Section 50.24, subsection 1, Code 2011, is amended 1 to read as follows: 2 1. The county board of supervisors shall meet to canvass 3 the vote on the first Monday or Tuesday after the day of 4 each election to which this chapter is applicable, unless 5 the law authorizing the election specifies another date for 6 the canvass. If that Monday or Tuesday is a public holiday, 7 section 4.1, subsection 34 , controls. 8 Sec. 20. Section 50.46, Code 2011, is amended to read as 9 follows: 10 50.46 Special elections —— canvass and certificate. 11 When a special election has been held to fill a vacancy, 12 pursuant to section 69.14 , the board of county canvassers 13 shall meet no earlier than 1:00 p.m. on the second day after 14 the election, on the first Tuesday following the election and 15 canvass the votes cast at the election. If the second day 16 first Tuesday after the election is a public holiday, section 17 4.1, subsection 34 , controls. The commissioner, as soon as the 18 canvass is completed, shall transmit to the state commissioner 19 an abstract of the votes so canvassed, and the state board, 20 within five days after receiving such abstracts, shall canvass 21 the tally lists. A certificate of election shall be issued by 22 the county or state board of canvassers, as in other cases. 23 All the provisions regulating elections, obtaining tally lists, 24 and canvass of votes at general elections, except as to time, 25 shall apply to special elections. 26 Sec. 21. Section 50.48, subsection 7, Code 2011, is amended 27 to read as follows: 28 7. If the election is an election held by a city which 29 is not the final election for the office in question, the 30 recount shall progress according to the times provided by this 31 subsection . If this subsection applies the canvass shall be 32 held by the second day on the Tuesday after the election, the 33 request for a recount must be made by the third eighth day 34 after the election, the board shall convene to conduct the 35 -9- HF 95 (4) 84 sc/nh 9/ 13

H.F. 95 recount by the sixth ninth day after the election, and the 1 report shall be filed by the eleventh thirteenth day after the 2 election. 3 Sec. 22. Section 53.10, subsection 2, Code 2011, is amended 4 to read as follows: 5 2. Each person who wishes to vote by absentee ballot at 6 the commissioner’s office shall first sign an application for 7 a ballot including the following information: name, current 8 address, and the election for which the ballot is requested. 9 The person may report a change of address or other information 10 on the person’s voter registration record at that time. The 11 person must also provide proof of identification pursuant to 12 section 49.77, subsection 3, before receiving an absentee 13 ballot. Upon receipt of a ballot, the registered voter 14 shall immediately mark the ballot; enclose the ballot in a 15 secrecy envelope, if necessary, and seal it in an affidavit 16 envelope; subscribe to the affidavit on the reverse side of the 17 envelope; and return the absentee ballot to the commissioner. 18 The commissioner shall record the numbers appearing on the 19 application and affidavit envelope along with the name of the 20 registered voter. 21 Sec. 23. Section 53.22, subsection 1, Code 2011, is amended 22 by adding the following new paragraph: 23 NEW PARAGRAPH . d. Before receiving a ballot under 24 this subsection, each applicant shall present proof of 25 identification pursuant to section 49.77, subsection 3, to the 26 special precinct election board members. If an applicant is 27 unable to present proof of identification, the voter’s ballot 28 shall be considered a provisional ballot cast pursuant to 29 section 49.81, and the special precinct election board members 30 shall give the voter an opportunity to execute an affidavit 31 in a form prescribed by the state commissioner affirming 32 either of the reasons listed in section 49.81, subsection 5, 33 paragraph “b” , or that the voter is confined to the health care 34 facility or hospital and therefore unable to obtain proof of 35 -10- HF 95 (4) 84 sc/nh 10/ 13

H.F. 95 identification. 1 Sec. 24. Section 144.46, Code 2011, is amended by adding the 2 following new subsection: 3 NEW SUBSECTION . 3. The fees adopted by the department 4 pursuant to subsection 1 shall not be assessed to applicants 5 who execute an affidavit indicating the applicant is obtaining 6 a certified copy of a birth certificate for the purpose of 7 obtaining an Iowa nonoperator’s identification card to be used 8 for voting. 9 Sec. 25. Section 277.20, unnumbered paragraph 1, Code 2011, 10 is amended to read as follows: 11 On the next Friday Tuesday after the regular school 12 election, the county board of supervisors shall canvass the 13 returns made to the county commissioner of elections from 14 the several precinct polling places and the absentee ballot 15 counting board, ascertain the result of the voting with regard 16 to every matter voted upon and cause a record to be made 17 thereof as required by section 50.24 . Special elections held 18 in school districts shall be canvassed at the time and in the 19 manner required by that section. The board shall declare the 20 results of the voting for members of boards of directors of 21 school corporations nominated pursuant to section 277.4 , and 22 the commissioner shall at once issue a certificate of election 23 to each person declared elected. The board shall also declare 24 the results of the voting on any public question submitted to 25 the voters of a single school district, and the commissioner 26 shall certify the result as required by section 50.27 . 27 Sec. 26. Section 321.190, subsection 1, paragraph d, Code 28 2011, is amended to read as follows: 29 d. The fee for a nonoperator’s identification card shall 30 be five dollars and the card shall be valid for a period 31 of five years from the date of issuance. A nonoperator’s 32 identification card shall be issued without expiration 33 to anyone age seventy or over. If an applicant for a 34 nonoperator’s identification card is a foreign national 35 -11- HF 95 (4) 84 sc/nh 11/ 13

H.F. 95 who is temporarily present in this state, the nonoperator’s 1 identification card shall be issued only for the length of time 2 the foreign national is authorized to be present as determined 3 by the department, not to exceed two years. An issuance fee 4 shall not be charged for a person whose driver’s license or 5 driving privilege has been suspended under section 321.210, 6 subsection 1 , paragraph “a” , subparagraph (3) , or for a person 7 obtaining an identification card to be used under section 8 49.77, subsection 3, for voting purposes . 9 Sec. 27. Section 331.605, subsection 1, paragraph f, Code 10 2011, is amended to read as follows: 11 f. A county fee of four dollars for a certified copy of 12 a birth record, death record, or marriage certificate. The 13 fee prescribed by this paragraph shall not be assessed to 14 applicants requesting a certified copy of a birth record if the 15 applicant executes an affidavit indicating the applicant is 16 requesting the certified copy of a birth record for the purpose 17 of obtaining an Iowa nonoperator’s identification card to be 18 used for voting. 19 Sec. 28. Section 376.7, subsection 1, Code 2011, is amended 20 to read as follows: 21 1. If a primary election is necessary, it shall be held 22 on the Tuesday four weeks before the date of the regular city 23 election. For each office on the ballot, a voter shall only 24 vote for the number of persons to be elected to that office at 25 the regular city election. The county board of supervisors 26 shall publicly canvass the tally lists of the vote cast in 27 the primary election, following the procedures prescribed 28 in section 50.24 , at a meeting to be held on the second day 29 first Tuesday following the primary election , and beginning no 30 earlier than 1:00 p.m. on that day . 31 Sec. 29. Section 376.9, subsection 1, Code 2011, is amended 32 to read as follows: 33 1. A runoff election may be held only for positions unfilled 34 because of failure of a sufficient number of candidates to 35 -12- HF 95 (4) 84 sc/nh 12/ 13

H.F. 95 receive a majority vote in the regular city election. When a 1 council has chosen a runoff election in lieu of a primary, the 2 county board of supervisors shall publicly canvass the tally 3 lists of the vote cast in the regular city election, following 4 the procedures prescribed in section 50.24 , at a meeting to be 5 held on the second day first Tuesday following the regular city 6 election , and beginning no earlier than 1:00 p.m. on that day . 7 Candidates who do not receive a majority of the votes cast for 8 an office, but who receive the highest number of votes cast 9 for that office in the regular city election, to the extent of 10 twice the number of unfilled positions, are candidates in the 11 runoff election. 12 Sec. 30. EFFECTIVE DATE AND APPLICABILITY. This Act takes 13 effect January 1, 2012, and applies to elections held on or 14 after that date. 15 -13- HF 95 (4) 84 sc/nh 13/ 13