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House File 85 - IntroducedA Bill ForAn Act 1 restoring the right to register to vote and to vote
2and hold elective office for certain persons and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39A.1, subsection 2, Code 2019, is
2amended to read as follows:
32. The purpose of this chapter is to identify actions which
4threaten the integrity of the election process and to impose
5significant sanctions upon persons who intentionally commit
6those acts. It is the intent of the general assembly that
7offenses with the greatest potential to affect the election
8process be vigorously prosecuted and strong punishment meted
9out through the imposition of felony sanctions which, as a
10consequence, remove the voting rights of the offenders until
11such rights are restored by the governor, by the president of
12the United States, or by operation of law. Other offenses are
13still considered serious, but based on the factual context in
14which they arise, they may not rise to the level of offenses
15to which felony penalties attach. The general assembly
16also recognizes that instances may arise in which technical
17infractions of chapters 39 through 53 may occur which do not
18merit any level of criminal sanction. In such instances,
19administrative notice from the state or county commissioner
20of elections is sufficient. Mandates or proscriptions in
21chapters 39 through 53 which are not specifically included in
22this chapter shall be considered to be directive only, without
23criminal sanction.
24 Sec. 2. Section 43.18, subsection 9, Code 2019, is amended
25to read as follows:
269. A statement that the candidate is aware that the
27candidate is disqualified from holding office if the candidate
28has been convicted of a felony or other infamous crime and the
29candidate’s rights have not been restored by the governor, or
30 by the president of the United States, or by operation of law.
31 Sec. 3. Section 43.67, subsection 2, paragraph i, Code 2019,
32is amended to read as follows:
33i. A statement that the candidate is aware that the
34candidate is disqualified from holding office if the candidate
35has been convicted of a felony or other infamous crime and the
-1-1candidate’s rights have not been restored by the governor, or
2 by the president of the United States, or by operation of law.
3 Sec. 4. Section 44.3, subsection 2, paragraph i, Code 2019,
4is amended to read as follows:
5i. A statement that the candidate is aware that the
6candidate is disqualified from holding office if the candidate
7has been convicted of a felony or other infamous crime and the
8candidate’s rights have not been restored by the governor, or
9 by the president of the United States, or by operation of law.
10 Sec. 5. Section 45.3, subsection 9, Code 2019, is amended
11to read as follows:
129. A statement that the candidate is aware that the
13candidate is disqualified from holding office if the candidate
14has been convicted of a felony or other infamous crime and the
15candidate’s rights have not been restored by the governor, or
16 by the president of the United States, or by operation of law.
17 Sec. 6. Section 48A.6, subsection 1, Code 2019, is amended
18to read as follows:
191. A person who has been convicted of a felony as defined
20in section 701.7, or convicted of an offense classified as a
21felony under federal law. If the person’s rights are later
22restored pursuant to section 914.8, or by a pardon issued by
23the governor, or by the president of the United States, the
24person may register to vote.
25 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2019,
26is amended to read as follows:
27c. That prior to the election the incumbent had been duly
28convicted of a felony, as defined in section 701.7, and that
29the judgment had not been reversed, annulled, or set aside, nor
30the incumbent pardoned by the governor or the president of the
31United States or restored to the rights of citizenship by the
32governor under chapter 914 pursuant to section 914.8, at the
33time of the election.
34 Sec. 8. Section 123.3, subsection 35, paragraph d, Code
352019, is amended to read as follows:
-2- 1d. The person has not been convicted of a felony. However,
2if the person’s conviction of a felony occurred more than five
3years before the date of the application for a license or
4permit, and if the person’s rights of citizenship have been
5restored by the governor pursuant to sections 914.1 through
6914.6, the administrator may determine that the person is of
7good moral character notwithstanding such conviction.
8 Sec. 9. Section 161A.5, subsection 3, paragraph b, Code
92019, is amended to read as follows:
10b. Every candidate shall file with the nomination papers
11an affidavit stating the candidate’s name, the candidate’s
12residence, that the person is a candidate and is eligible for
13the office of commissioner, and that if elected the candidate
14will qualify for the office. The affidavit shall also state
15that the candidate is aware that the candidate is disqualified
16from holding office if the candidate has been convicted of a
17felony or other infamous crime and the candidate’s rights have
18not been restored by the governor, or by the president of the
19United States, or by operation of law.
20 Sec. 10. Section 277.4, subsection 2, paragraph b, Code
212019, is amended to read as follows:
22b. Signers of nomination petitions shall include their
23addresses and the date of signing, and must reside in the same
24director district as the candidate if directors are elected
25by the voters of a director district, rather than at-large.
26A person may sign nomination petitions for more than one
27candidate for the same office, and the signature is not invalid
28solely because the person signed nomination petitions for
29one or more other candidates for the office. The petition
30shall be filed with the affidavit of the candidate being
31nominated, stating the candidate’s name, place of residence,
32that such person is a candidate and is eligible for the office
33the candidate seeks, and that if elected the candidate will
34qualify for the office. The affidavit shall also state that
35the candidate is aware that the candidate is disqualified
-3-1from holding office if the candidate has been convicted of a
2felony or other infamous crime and the candidate’s rights have
3not been restored by the governor, or by the president of the
4United States, or by operation of law.
5 Sec. 11. Section 376.4, subsection 2, paragraph b, Code
62019, is amended to read as follows:
7b. The petition must include the affidavit of the individual
8for whom it is filed, stating the individual’s name, the
9individual’s residence, that the individual is a candidate and
10eligible for the office, and that if elected the individual
11will qualify for the office. The affidavit shall also state
12that the candidate is aware that the candidate is disqualified
13from holding office if the candidate has been convicted of a
14felony or other infamous crime and the candidate’s rights have
15not been restored by the governor, or by the president of the
16United States, or by operation of law.
17 Sec. 12. Section 914.2, Code 2019, is amended to read as
18follows:
19914.2 Right of application.
20Except as otherwise provided in section 902.2 or 914.8, a
21person convicted of a criminal offense has the right to make
22application to the board of parole for recommendation or to
23the governor for a reprieve, pardon, commutation of sentence,
24remission of fines or forfeitures, or restoration of rights of
25citizenship at any time following the conviction.
26 Sec. 13. NEW SECTION. 914.8 Restoration of right to
27register and to vote.
281. A person convicted of a felony criminal offense who has
29been discharged from probation, parole, or work release or
30who is released from confinement under section 902.6 because
31the person has completed the person’s term of confinement
32shall have the person’s right to register to vote and to vote
33restored.
342. As soon as practicable, the department of corrections
35or judicial district department of correctional services,
-4-1whichever is applicable, shall provide written notice to each
2person, as described in subsection 1, who, on or after January
314, 2011, has been discharged from probation, parole, or work
4release or who, on or after January 14, 2011, has completed a
5term of confinement, that the person’s right to register to
6vote and to vote has been restored. The notice shall include a
7voter registration form.
83. The department of corrections shall monthly provide a
9list of all persons notified under subsection 2 in the previous
10month to the state registrar of voters who shall provide the
11information to the county registrars of voters as deemed
12necessary.
134. A person described in subsection 1 may still make
14application for a restoration of citizenship rights pursuant
15to sections 914.1 through 914.6. Such an application, unless
16withdrawn, shall be processed as required by this chapter.
175. This section shall not relieve a person of any unpaid
18restitution, fine, or other obligation resulting from
19conviction.
20 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed
21of immediate importance, takes effect upon enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill enacts new Code section 914.8 which requires
26that, upon discharge from certain felony criminal sentences,
27citizenship rights related to voting and qualification for
28public office must be restored.
29The bill requires that the right to register to vote and to
30vote be restored for any individual who has been discharged
31from criminal sentence for any felony. To be discharged from
32criminal sentence, under the bill, an individual must also be
33discharged from any accompanying term of probation, parole,
34or supervised release. The restoration of citizenship rights
35provided for under the bill shall only extend to the right to
-5-1register to vote and to vote and to hold elective office, and
2would not include any other citizenship rights. The bill does
3not relieve the individual of unpaid restitution, fines, or
4other obligations resulting from conviction. The bill does not
5limit an individual’s ability to apply to the governor for a
6restoration of citizenship rights, as currently provided for in
7Code chapter 914.
8The bill requires that the department of corrections notify
9an individual whose right to register to vote and to vote
10has been restored on or after January 14, 2011. The bill
11requires, where applicable, the judicial district department of
12correctional services to notify an individual whose rights have
13been restored. The department of corrections is also required
14to monthly provide a list of the individuals notified to the
15state registrar of voters (secretary of state).
16The bill takes effect upon enactment.
-6-ss/jh
2and hold elective office for certain persons and including
3effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39A.1, subsection 2, Code 2019, is
2amended to read as follows:
32. The purpose of this chapter is to identify actions which
4threaten the integrity of the election process and to impose
5significant sanctions upon persons who intentionally commit
6those acts. It is the intent of the general assembly that
7offenses with the greatest potential to affect the election
8process be vigorously prosecuted and strong punishment meted
9out through the imposition of felony sanctions which, as a
10consequence, remove the voting rights of the offenders until
11such rights are restored by the governor, by the president of
12the United States, or by operation of law. Other offenses are
13still considered serious, but based on the factual context in
14which they arise, they may not rise to the level of offenses
15to which felony penalties attach. The general assembly
16also recognizes that instances may arise in which technical
17infractions of chapters 39 through 53 may occur which do not
18merit any level of criminal sanction. In such instances,
19administrative notice from the state or county commissioner
20of elections is sufficient. Mandates or proscriptions in
21chapters 39 through 53 which are not specifically included in
22this chapter shall be considered to be directive only, without
23criminal sanction.
24 Sec. 2. Section 43.18, subsection 9, Code 2019, is amended
25to read as follows:
269. A statement that the candidate is aware that the
27candidate is disqualified from holding office if the candidate
28has been convicted of a felony or other infamous crime and the
29candidate’s rights have not been restored by the governor, or
30 by the president of the United States, or by operation of law.
31 Sec. 3. Section 43.67, subsection 2, paragraph i, Code 2019,
32is amended to read as follows:
33i. A statement that the candidate is aware that the
34candidate is disqualified from holding office if the candidate
35has been convicted of a felony or other infamous crime and the
-1-1candidate’s rights have not been restored by the governor, or
2 by the president of the United States, or by operation of law.
3 Sec. 4. Section 44.3, subsection 2, paragraph i, Code 2019,
4is amended to read as follows:
5i. A statement that the candidate is aware that the
6candidate is disqualified from holding office if the candidate
7has been convicted of a felony or other infamous crime and the
8candidate’s rights have not been restored by the governor, or
9 by the president of the United States, or by operation of law.
10 Sec. 5. Section 45.3, subsection 9, Code 2019, is amended
11to read as follows:
129. A statement that the candidate is aware that the
13candidate is disqualified from holding office if the candidate
14has been convicted of a felony or other infamous crime and the
15candidate’s rights have not been restored by the governor, or
16 by the president of the United States, or by operation of law.
17 Sec. 6. Section 48A.6, subsection 1, Code 2019, is amended
18to read as follows:
191. A person who has been convicted of a felony as defined
20in section 701.7, or convicted of an offense classified as a
21felony under federal law. If the person’s rights are later
22restored pursuant to section 914.8, or by a pardon issued by
23the governor, or by the president of the United States, the
24person may register to vote.
25 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2019,
26is amended to read as follows:
27c. That prior to the election the incumbent had been duly
28convicted of a felony, as defined in section 701.7, and that
29the judgment had not been reversed, annulled, or set aside, nor
30the incumbent pardoned by the governor or the president of the
31United States or restored to the rights of citizenship by the
32governor under chapter 914 pursuant to section 914.8, at the
33time of the election.
34 Sec. 8. Section 123.3, subsection 35, paragraph d, Code
352019, is amended to read as follows:
-2- 1d. The person has not been convicted of a felony. However,
2if the person’s conviction of a felony occurred more than five
3years before the date of the application for a license or
4permit, and if the person’s rights of citizenship have been
5restored by the governor pursuant to sections 914.1 through
6914.6, the administrator may determine that the person is of
7good moral character notwithstanding such conviction.
8 Sec. 9. Section 161A.5, subsection 3, paragraph b, Code
92019, is amended to read as follows:
10b. Every candidate shall file with the nomination papers
11an affidavit stating the candidate’s name, the candidate’s
12residence, that the person is a candidate and is eligible for
13the office of commissioner, and that if elected the candidate
14will qualify for the office. The affidavit shall also state
15that the candidate is aware that the candidate is disqualified
16from holding office if the candidate has been convicted of a
17felony or other infamous crime and the candidate’s rights have
18not been restored by the governor, or by the president of the
19United States, or by operation of law.
20 Sec. 10. Section 277.4, subsection 2, paragraph b, Code
212019, is amended to read as follows:
22b. Signers of nomination petitions shall include their
23addresses and the date of signing, and must reside in the same
24director district as the candidate if directors are elected
25by the voters of a director district, rather than at-large.
26A person may sign nomination petitions for more than one
27candidate for the same office, and the signature is not invalid
28solely because the person signed nomination petitions for
29one or more other candidates for the office. The petition
30shall be filed with the affidavit of the candidate being
31nominated, stating the candidate’s name, place of residence,
32that such person is a candidate and is eligible for the office
33the candidate seeks, and that if elected the candidate will
34qualify for the office. The affidavit shall also state that
35the candidate is aware that the candidate is disqualified
-3-1from holding office if the candidate has been convicted of a
2felony or other infamous crime and the candidate’s rights have
3not been restored by the governor, or by the president of the
4United States, or by operation of law.
5 Sec. 11. Section 376.4, subsection 2, paragraph b, Code
62019, is amended to read as follows:
7b. The petition must include the affidavit of the individual
8for whom it is filed, stating the individual’s name, the
9individual’s residence, that the individual is a candidate and
10eligible for the office, and that if elected the individual
11will qualify for the office. The affidavit shall also state
12that the candidate is aware that the candidate is disqualified
13from holding office if the candidate has been convicted of a
14felony or other infamous crime and the candidate’s rights have
15not been restored by the governor, or by the president of the
16United States, or by operation of law.
17 Sec. 12. Section 914.2, Code 2019, is amended to read as
18follows:
19914.2 Right of application.
20Except as otherwise provided in section 902.2 or 914.8, a
21person convicted of a criminal offense has the right to make
22application to the board of parole for recommendation or to
23the governor for a reprieve, pardon, commutation of sentence,
24remission of fines or forfeitures, or restoration of rights of
25citizenship at any time following the conviction.
26 Sec. 13. NEW SECTION. 914.8 Restoration of right to
27register and to vote.
281. A person convicted of a felony criminal offense who has
29been discharged from probation, parole, or work release or
30who is released from confinement under section 902.6 because
31the person has completed the person’s term of confinement
32shall have the person’s right to register to vote and to vote
33restored.
342. As soon as practicable, the department of corrections
35or judicial district department of correctional services,
-4-1whichever is applicable, shall provide written notice to each
2person, as described in subsection 1, who, on or after January
314, 2011, has been discharged from probation, parole, or work
4release or who, on or after January 14, 2011, has completed a
5term of confinement, that the person’s right to register to
6vote and to vote has been restored. The notice shall include a
7voter registration form.
83. The department of corrections shall monthly provide a
9list of all persons notified under subsection 2 in the previous
10month to the state registrar of voters who shall provide the
11information to the county registrars of voters as deemed
12necessary.
134. A person described in subsection 1 may still make
14application for a restoration of citizenship rights pursuant
15to sections 914.1 through 914.6. Such an application, unless
16withdrawn, shall be processed as required by this chapter.
175. This section shall not relieve a person of any unpaid
18restitution, fine, or other obligation resulting from
19conviction.
20 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed
21of immediate importance, takes effect upon enactment.
22EXPLANATION
23The inclusion of this explanation does not constitute agreement with
24the explanation’s substance by the members of the general assembly.
25This bill enacts new Code section 914.8 which requires
26that, upon discharge from certain felony criminal sentences,
27citizenship rights related to voting and qualification for
28public office must be restored.
29The bill requires that the right to register to vote and to
30vote be restored for any individual who has been discharged
31from criminal sentence for any felony. To be discharged from
32criminal sentence, under the bill, an individual must also be
33discharged from any accompanying term of probation, parole,
34or supervised release. The restoration of citizenship rights
35provided for under the bill shall only extend to the right to
-5-1register to vote and to vote and to hold elective office, and
2would not include any other citizenship rights. The bill does
3not relieve the individual of unpaid restitution, fines, or
4other obligations resulting from conviction. The bill does not
5limit an individual’s ability to apply to the governor for a
6restoration of citizenship rights, as currently provided for in
7Code chapter 914.
8The bill requires that the department of corrections notify
9an individual whose right to register to vote and to vote
10has been restored on or after January 14, 2011. The bill
11requires, where applicable, the judicial district department of
12correctional services to notify an individual whose rights have
13been restored. The department of corrections is also required
14to monthly provide a list of the individuals notified to the
15state registrar of voters (secretary of state).
16The bill takes effect upon enactment.
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