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Senate File 65 - IntroducedA Bill ForAn Act 1automatically restoring the right to vote and hold
2elective office for persons who have been discharged
3from probation, parole, or work release, or who have been
4released from confinement.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.18, subsection 9, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 43.67, subsection 2, paragraph i, Code 2019,
4is amended by striking the paragraph.
5 Sec. 3. Section 44.3, subsection 2, paragraph i, Code 2019,
6is amended by striking the paragraph.
7 Sec. 4. Section 45.3, subsection 9, Code 2019, is amended by
8striking the subsection.
9 Sec. 5. Section 48A.6, subsection 1, Code 2019, is amended
10to read as follows:
111. A person who has been convicted of a felony as defined
12in section 701.7, or convicted of an offense classified as a
13felony under federal law. If the person’s rights are later
14restored by the governor, or by the president of the United
15States, pursuant to section 914.8, or by a pardon issued by the
16governor or the president of the United States, the person may
17register to vote.
18 Sec. 6. Section 57.1, subsection 2, paragraph c, Code 2019,
19is amended to read as follows:
20c. That prior to the election the incumbent had been duly
21convicted of a felony, as defined in section 701.7, and that
22the judgment had not been reversed, annulled, or set aside, nor
23the incumbent pardoned by the governor or the president of the
24United States or restored to the rights of citizenship by the
25governor under chapter 914 pursuant to section 914.8, at the
26time of the election.
27 Sec. 7. Section 123.3, subsection 35, paragraph d, Code
282019, is amended to read as follows:
29d. The person has not been convicted of a felony. However,
30if the person’s conviction of a felony occurred more than five
31years before the date of the application for a license or
32permit, and if the person’s rights of citizenship have been
33restored by the governor pursuant to sections 914.1 through
34914.6, the administrator may determine that the person is of
35good moral character notwithstanding such conviction.
-1-1 Sec. 8. Section 161A.5, subsection 3, paragraph b, Code
22019, is amended to read as follows:
3b. Every candidate shall file with the nomination papers
4an affidavit stating the candidate’s name, the candidate’s
5residence, that the person is a candidate and is eligible for
6the office of commissioner, and that if elected the candidate
7will qualify for the office. The affidavit shall also state
8that the candidate is aware that the candidate is disqualified
9from holding office if the candidate has been convicted of a
10felony or other infamous crime and the candidate’s rights have
11not been restored by the governor or by the president of the
12United States.
13 Sec. 9. Section 277.4, subsection 2, paragraph b, Code 2019,
14is amended to read as follows:
15b. Signers of nomination petitions shall include their
16addresses and the date of signing, and must reside in the same
17director district as the candidate if directors are elected
18by the voters of a director district, rather than at-large.
19A person may sign nomination petitions for more than one
20candidate for the same office, and the signature is not invalid
21solely because the person signed nomination petitions for
22one or more other candidates for the office. The petition
23shall be filed with the affidavit of the candidate being
24nominated, stating the candidate’s name, place of residence,
25that such person is a candidate and is eligible for the office
26the candidate seeks, and that if elected the candidate will
27qualify for the office. The affidavit shall also state that
28the candidate is aware that the candidate is disqualified from
29holding office if the candidate has been convicted of a felony
30or other infamous crime and the candidate’s rights have not
31been restored by the governor or by the president of the United
32States.
33 Sec. 10. Section 376.4, subsection 2, paragraph b, Code
342019, is amended to read as follows:
35b. The petition must include the affidavit of the individual
-2-1for whom it is filed, stating the individual’s name, the
2individual’s residence, that the individual is a candidate and
3eligible for the office, and that if elected the individual
4will qualify for the office. The affidavit shall also state
5that the candidate is aware that the candidate is disqualified
6from holding office if the candidate has been convicted of a
7felony or other infamous crime and the candidate’s rights have
8not been restored by the governor or by the president of the
9United States.
10 Sec. 11. Section 914.2, Code 2019, is amended to read as
11follows:
12914.2 Right of application.
13Except as otherwise provided in section 902.2 or 914.8, a
14person convicted of a criminal offense has the right to make
15application to the board of parole for recommendation or to
16the governor for a reprieve, pardon, commutation of sentence,
17remission of fines or forfeitures, or restoration of rights of
18citizenship at any time following the conviction.
19 Sec. 12. Section 914.6, subsection 3, Code 2019, is amended
20to read as follows:
213. In the case of a remission of fines and forfeitures,
22restoration of rights of citizenship other than the right to
23register to vote and to vote, or a pardon, commutation of
24sentence, or reprieve, if the person is not in custody, one
25copy of the executive instrument shall be delivered to the
26person and one copy to the clerk of the district court where
27the judgment is of record. A list of the restorations of
28rights of citizenship issued by the governor shall be delivered
29to the state registrar of voters at least once each month.
30 Sec. 13. NEW SECTION. 914.8 Restoration of right to
31register and to vote.
321. A person convicted of a felony criminal offense who has
33been discharged from probation under section 907.9, discharged
34from parole or work release under section 906.15, or who is
35released from confinement under section 902.6 because the
-3-1person has completed the person’s term of confinement, shall
2have the right to register to vote and to vote as provided in
3this section.
42. Upon discharge from confinement or supervision, the
5department of corrections or judicial district department of
6correctional services, whichever is applicable, shall provide
7written notice to the inmate, parolee, or probationer of the
8person’s discharge which shall include a voter registration
9form and a statement that the person’s right to register to
10vote and to vote is restored. The notice shall also inform the
11person that when first registering to vote after discharge, the
12person must present the discharge notice to the commissioner of
13registration.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill makes restoration of the right to register to vote
18and to vote automatic upon a person’s release from probation,
19parole, or work release. By operation of law, persons whose
20rights have been restored are eligible to run for elective
21office.
22The bill requires the department of corrections or the
23judicial district department of correctional services to
24provide written notice upon discharge from confinement or
25supervision that a person’s voting rights are restored and
26that the person must provide written notice of discharge when
27registering to vote. The notice shall also include a voter
28registration form.
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2elective office for persons who have been discharged
3from probation, parole, or work release, or who have been
4released from confinement.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 43.18, subsection 9, Code 2019, is
2amended by striking the subsection.
3 Sec. 2. Section 43.67, subsection 2, paragraph i, Code 2019,
4is amended by striking the paragraph.
5 Sec. 3. Section 44.3, subsection 2, paragraph i, Code 2019,
6is amended by striking the paragraph.
7 Sec. 4. Section 45.3, subsection 9, Code 2019, is amended by
8striking the subsection.
9 Sec. 5. Section 48A.6, subsection 1, Code 2019, is amended
10to read as follows:
111. A person who has been convicted of a felony as defined
12in section 701.7, or convicted of an offense classified as a
13felony under federal law. If the person’s rights are later
14restored by the governor, or by the president of the United
15States, pursuant to section 914.8, or by a pardon issued by the
16governor or the president of the United States, the person may
17register to vote.
18 Sec. 6. Section 57.1, subsection 2, paragraph c, Code 2019,
19is amended to read as follows:
20c. That prior to the election the incumbent had been duly
21convicted of a felony, as defined in section 701.7, and that
22the judgment had not been reversed, annulled, or set aside, nor
23the incumbent pardoned by the governor or the president of the
24United States or restored to the rights of citizenship by the
25governor under chapter 914 pursuant to section 914.8, at the
26time of the election.
27 Sec. 7. Section 123.3, subsection 35, paragraph d, Code
282019, is amended to read as follows:
29d. The person has not been convicted of a felony. However,
30if the person’s conviction of a felony occurred more than five
31years before the date of the application for a license or
32permit, and if the person’s rights of citizenship have been
33restored by the governor pursuant to sections 914.1 through
34914.6, the administrator may determine that the person is of
35good moral character notwithstanding such conviction.
-1-1 Sec. 8. Section 161A.5, subsection 3, paragraph b, Code
22019, is amended to read as follows:
3b. Every candidate shall file with the nomination papers
4an affidavit stating the candidate’s name, the candidate’s
5residence, that the person is a candidate and is eligible for
6the office of commissioner, and that if elected the candidate
7will qualify for the office. The affidavit shall also state
8that the candidate is aware that the candidate is disqualified
9from holding office if the candidate has been convicted of a
10felony or other infamous crime and the candidate’s rights have
11not been restored by the governor or by the president of the
12United States.
13 Sec. 9. Section 277.4, subsection 2, paragraph b, Code 2019,
14is amended to read as follows:
15b. Signers of nomination petitions shall include their
16addresses and the date of signing, and must reside in the same
17director district as the candidate if directors are elected
18by the voters of a director district, rather than at-large.
19A person may sign nomination petitions for more than one
20candidate for the same office, and the signature is not invalid
21solely because the person signed nomination petitions for
22one or more other candidates for the office. The petition
23shall be filed with the affidavit of the candidate being
24nominated, stating the candidate’s name, place of residence,
25that such person is a candidate and is eligible for the office
26the candidate seeks, and that if elected the candidate will
27qualify for the office. The affidavit shall also state that
28the candidate is aware that the candidate is disqualified from
29holding office if the candidate has been convicted of a felony
30or other infamous crime and the candidate’s rights have not
31been restored by the governor or by the president of the United
32States.
33 Sec. 10. Section 376.4, subsection 2, paragraph b, Code
342019, is amended to read as follows:
35b. The petition must include the affidavit of the individual
-2-1for whom it is filed, stating the individual’s name, the
2individual’s residence, that the individual is a candidate and
3eligible for the office, and that if elected the individual
4will qualify for the office. The affidavit shall also state
5that the candidate is aware that the candidate is disqualified
6from holding office if the candidate has been convicted of a
7felony or other infamous crime and the candidate’s rights have
8not been restored by the governor or by the president of the
9United States.
10 Sec. 11. Section 914.2, Code 2019, is amended to read as
11follows:
12914.2 Right of application.
13Except as otherwise provided in section 902.2 or 914.8, a
14person convicted of a criminal offense has the right to make
15application to the board of parole for recommendation or to
16the governor for a reprieve, pardon, commutation of sentence,
17remission of fines or forfeitures, or restoration of rights of
18citizenship at any time following the conviction.
19 Sec. 12. Section 914.6, subsection 3, Code 2019, is amended
20to read as follows:
213. In the case of a remission of fines and forfeitures,
22restoration of rights of citizenship other than the right to
23register to vote and to vote, or a pardon, commutation of
24sentence, or reprieve, if the person is not in custody, one
25copy of the executive instrument shall be delivered to the
26person and one copy to the clerk of the district court where
27the judgment is of record. A list of the restorations of
28rights of citizenship issued by the governor shall be delivered
29to the state registrar of voters at least once each month.
30 Sec. 13. NEW SECTION. 914.8 Restoration of right to
31register and to vote.
321. A person convicted of a felony criminal offense who has
33been discharged from probation under section 907.9, discharged
34from parole or work release under section 906.15, or who is
35released from confinement under section 902.6 because the
-3-1person has completed the person’s term of confinement, shall
2have the right to register to vote and to vote as provided in
3this section.
42. Upon discharge from confinement or supervision, the
5department of corrections or judicial district department of
6correctional services, whichever is applicable, shall provide
7written notice to the inmate, parolee, or probationer of the
8person’s discharge which shall include a voter registration
9form and a statement that the person’s right to register to
10vote and to vote is restored. The notice shall also inform the
11person that when first registering to vote after discharge, the
12person must present the discharge notice to the commissioner of
13registration.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill makes restoration of the right to register to vote
18and to vote automatic upon a person’s release from probation,
19parole, or work release. By operation of law, persons whose
20rights have been restored are eligible to run for elective
21office.
22The bill requires the department of corrections or the
23judicial district department of correctional services to
24provide written notice upon discharge from confinement or
25supervision that a person’s voting rights are restored and
26that the person must provide written notice of discharge when
27registering to vote. The notice shall also include a voter
28registration form.
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