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Senate File 62 - IntroducedA Bill ForAn Act 1providing for the registration of eligible electors upon
2review of electronic records received from state agencies
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 48A.7, Code 2021, is amended to read as
2follows:
348A.7 Registration in person.
4An eligible elector may register to vote by appearing
5personally and completing a voter registration form at the
6office of the commissioner in the county in which the person
7resides, at a motor vehicle driver’s license station, including
8any county treasurer’s office that is participating in county
9issuance of driver’s licenses under chapter 321M, or at any
10voter registration agency. A For paper registration forms,
11a separate voter registration form shall be signed by each
12individual registrant.
13 Sec. 2. Section 48A.8, subsection 1, Code 2021, is amended
14to read as follows:
151. An eligible elector may request that a voter registration
16form be mailed to the elector. The completed form may be
17mailed or delivered by the registrant or the registrant’s
18designee to the commissioner in the county where the person
19resides or to the state commissioner of elections for a
20program participant, as provided in section 9E.6. A For paper
21registration forms, a separate voter registration form shall be
22signed by each individual registrant.
23 Sec. 3. Section 48A.18, subsections 1 and 3, Code 2021, are
24amended to read as follows:
251. Each state motor vehicle driver’s license application,
26including any renewal application or application for a
27nonoperator’s identification card, submitted to the office
28of driver services of the state department of transportation
29shall serve as an application for voter registration unless
30the commissioner of registration determines that the applicant
31is not an eligible elector or the applicant declines to
32register to vote after receiving notification under subsection
334A. A completed application or paper voter registration
34form submitted to the office of driver services of the state
35department of transportation shall be considered to update any
-1-1previous voter registration by the registrant.
23. Information relating to the refusal decision of an
3applicant for a driver’s license to apply decline to register
4to vote shall not be used for any purpose other than voter
5registration.
6 Sec. 4. Section 48A.18, subsection 4, Code 2021, is amended
7by striking the subsection and inserting in lieu thereof the
8following:
94. a. The state voter registration commission shall
10establish schedules by which the department of transportation
11shall transmit to the state registrar of voters electronic
12records containing the legal name, age, residence, and
13citizenship information for, and the electronic signature of,
14each person submitting an application under this section.
15b. The state voter registration commission shall establish
16schedules by which the state registrar of voters shall make
17accessible or transmit electronic records and electronic
18signatures received under paragraph “a” to the appropriate
19commissioner of registration.
20c. The state voter registration commission shall establish
21schedules by which the department of transportation shall
22transmit any completed paper registration forms to the
23appropriate commissioner of registration.
24d. The state commissioner of elections shall adopt rules,
25consistent with section 9E.6, for the registration of address
26confidentiality program participants.
27e. The state voter registration commission shall adopt
28rules pursuant to chapter 17A to administer and interpret this
29section, including rules to establish electronic and paper
30forms and all procedures used by the office of driver services
31for voter registration purposes, rules to establish schedules
32for transmission of electronic records, electronic signatures,
33and completed paper voter registration forms, and rules and
34forms to decline being registered to vote.
35 Sec. 5. Section 48A.18, Code 2021, is amended by adding the
-2-1following new subsection:
2 NEW SUBSECTION. 4A. a. (1) Upon receiving the electronic
3record for, and electronic signature of, a person under
4subsection 4, the state registrar of voters shall transmit or
5otherwise make accessible the electronic record and electronic
6signature of the person to the commissioner of registration
7of the county where the person resides. Upon reviewing the
8electronic record received from the state registrar of voters,
9along with any other relevant information, the commissioner of
10registration shall determine if a person is an eligible elector
11of the county. If the commissioner determines that a person is
12an eligible elector of the county and is not registered to vote
13in that county, the commissioner shall notify the person of the
14separate processes to decline being registered to vote or to
15declare a political party affiliation.
16(2) If the person is registered to vote in the county, the
17commissioner shall use the electronic record and information to
18update the person’s voter registration if appropriate.
19b. If a person notified under paragraph “a” does not decline
20to be registered to vote within twenty-one calendar days after
21the commissioner of registration issues the notification, the
22person’s electronic record and electronic signature shall
23constitute a completed voter registration form under section
2448A.11, and the commissioner of registration shall register the
25person to vote in that county. The commissioner shall send an
26acknowledgment pursuant to section 48A.26.
27c. A commissioner of registration shall not add a person
28subject to registration under this subsection to a voter
29registration list until at least twenty-one calendar days
30after the commissioner has issued notification to the person
31as described in paragraph “a”.
32d. The electronic record and electronic signature, received
33under this subsection, of a person who does not qualify
34as an eligible elector shall not constitute a completed
35voter registration form under section 48A.11 and such a
-3-1person’s application for a driver’s license or nonoperator’s
2identification card shall not be considered to be a voter
3registration application for purposes of section 39A.2,
4subsection 1, paragraph “a”.
5 Sec. 6. Section 48A.19, subsection 1, Code 2021, is amended
6by adding the following new paragraph:
7 NEW PARAGRAPH. d. The department of education and all
8state offices that collect personal information sufficient to
9complete a voter registration application, as determined by the
10state commissioner.
11 Sec. 7. Section 48A.19, subsection 4, paragraph a,
12unnumbered paragraph 1, Code 2021, is amended to read as
13follows:
14The A voter registration agency that does not collect
15personal information sufficient to complete a voter
16registration application shall provide a form to applicants
17that includes all of the following:
18 Sec. 8. Section 48A.21, Code 2021, is amended to read as
19follows:
2048A.21 Transmission of forms from agencies and driver’s
21license stations.
221. The state registrar of voters shall adopt administrative
23rules regulating the transmission of completed voter
24registration forms from voter registration agencies and from
25driver’s license stations, including county treasurer’s offices
26participating in county issuance of driver’s licenses under
27chapter 321M. All completed voter registration applications
28in the possession of a voter registration agency, a driver’s
29license station, or a county treasurer’s office that is
30participating in county issuance of driver’s licenses at 5:00
31p.m.on the last workday of each week shall be transmitted
32to the location designated by the state registrar of voters
33by rule. Procedures or requirements for more frequent
34transmissions may be specified by rule.
352. a. The state voter registration commission shall
-4-1establish schedules by which the voter registration agencies
2pursuant to section 48A.19 that collect personal information
3sufficient to complete a voter registration application shall
4transmit to the state registrar of voters electronic records
5containing the legal name, age, residence, and citizenship
6information for, and the electronic signature of, each person
7providing personal information as described in this section.
8b. The state voter registration commission shall establish
9schedules by which the state registrar of voters shall make
10accessible or transmit electronic records and electronic
11signatures received under paragraph “a” to the appropriate
12commissioner of registration.
13c. The state voter registration commission shall establish
14schedules by which voter registration agencies shall transmit
15any completed paper registration forms to the appropriate
16commissioner of registration.
17d. The state commissioner of elections shall adopt rules,
18consistent with section 9E.6, for the registration of address
19confidentiality program participants.
20e. The state voter registration commission shall adopt
21rules pursuant to chapter 17A to administer and interpret this
22section, including rules to establish electronic and paper
23forms and all procedures used by voter registration agencies
24for voter registration purposes, rules to establish schedules
25for transmission of electronic records, electronic signatures,
26and completed paper voter registration forms, and rules and
27forms to decline being registered to vote.
283. a. (1) Upon receiving the electronic record for, and
29electronic signature of, a person under subsection 2, the state
30registrar of voters shall transmit or otherwise make accessible
31the electronic record and electronic signature of the person to
32the commissioner of registration of the county where the person
33resides. Upon reviewing the electronic record received from
34the state registrar of voters, along with any other relevant
35information, the commissioner of registration shall determine
-5-1if a person is an eligible elector of the county. If the
2commissioner determines that a person is an eligible elector
3of the county and is not registered to vote in that county, the
4commissioner shall notify the person of the separate processes
5to decline being registered to vote or to declare a political
6party affiliation.
7(2) If the person is registered to vote in the county, the
8commissioner shall use the electronic record and information to
9update the person’s voter registration if appropriate.
10b. If a person notified under paragraph “a” does not decline
11to be registered to vote within twenty-one calendar days after
12the commissioner of registration issues the notification, the
13person’s electronic record and electronic signature shall
14constitute a completed voter registration form under section
1548A.11, and the commissioner of registration shall register the
16person to vote in that county. The commissioner shall send an
17acknowledgment pursuant to section 48A.26.
18c. A commissioner of registration shall not add a person
19subject to registration under this subsection to a voter
20registration list until at least twenty-one calendar days
21after the commissioner has issued notification to the person
22as described in paragraph “a”.
23d. The electronic record and electronic signature, received
24under this subsection, of a person who does not qualify as
25an eligible elector shall not constitute a completed voter
26registration form under section 48A.11 and such a person shall
27not be considered to have submitted a voter registration
28application for purposes of section 39A.2, subsection 1,
29paragraph “a”.
30 Sec. 9. Section 48A.26, subsection 1, paragraph b, Code
312021, is amended to read as follows:
32b. (1) For a voter registration form or change of
33information in a voter registration record submitted at a
34precinct caucus, the commissioner shall send an acknowledgment
35within forty-five days of receipt of the form or change of
-6-1information.
2(2) For a voter registration application or change of
3information in a voter registration record completed pursuant
4to section 48A.18 or 48A.19, the commissioner shall send an
5acknowledgment within seven working days of the person being
6registered under either section.
7 Sec. 10. Section 48A.26, subsection 8, Code 2021, is amended
8to read as follows:
98. An A completed voter registration application,
10improperly transmitted under section 48A.18, subsection
114A, or under section 48A.21, subsection 2, or an improperly
12addressed or delivered registration form shall be transmitted
13or forwarded to the appropriate county commissioner of
14registration within two working days after it is received by
15any other official. The date of registration shall be the date
16the completed application or registration form was received by
17the first official. If the registration form was postmarked
18fifteen or more days before an election and the registration
19form was received by the first official after the close of
20registration, the registration form shall be considered on time
21for the election.
22 Sec. 11. Section 48A.36, subsection 1, Code 2021, is amended
23to read as follows:
241. Voter registration agencies and the office of driver
25services of the state department of transportation may
26electronically transmit registration data to the state
27registrar of voters, who shall distribute the information,
28electronically or otherwise, to the appropriate commissioner
29in accordance with rules of the state voter registration
30commission and the state registrar of voters. The office of
31driver services of the state department of transportation and
32voter registration agencies that collect personal information
33sufficient to complete a voter registration application
34shall electronically transmit registration data to the state
35registrar of voters as required pursuant to sections 48A.18
-7-1and 48A.21. The state agency originating the registration
2data shall permanently retain an electronic copy of the
3form completed by the registrant, including the registrant’s
4signature, and shall develop procedures for the retrieval and
5printing of that electronic document. A printed copy of an
6electronic registration document shall be made only upon the
7agency’s receipt of a court order.
8 Sec. 12. Section 331.557A, subsection 5, Code 2021, is
9amended to read as follows:
105. Participate in voter registration according to the
11terms of chapter 48A, and submit completed voter registration
12forms to the state registrar of voters appropriate county
13commissioner of registration.
14 Sec. 13. EMERGENCY RULES. The state voter registration
15commission, in consultation with the department of
16transportation and voter registration agencies, may adopt
17emergency rules under section 17A.4, subsection 3, and section
1817A.5, subsection 2, paragraph “b”, to implement the provisions
19of this Act and the rules shall be effective immediately upon
20filing unless a later date is specified in the rules. Any
21rules adopted in accordance with this section shall also be
22published as a notice of intended action as provided in section
2317A.4.
24 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection
253, shall not apply to this Act.
26 Sec. 15. EFFECTIVE UPON ENACTMENT. This Act, being deemed
27of immediate importance, takes effect upon enactment.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill provides for the registration of eligible electors
32upon review of electronic records received from state agencies.
33The bill allows for registration of eligible electors
34to vote following review of electronic records received
35from driver’s license and nonoperator’s identification card
-8-1applications by county commissioners of registration (county
2auditors).
3The bill requires that the office of driver services of the
4department of transportation transmit to the state registrar of
5voters (the secretary of state) electronic records containing
6the legal name, age, residence, and citizenship information
7for, and the electronic signature of, each person submitting
8an application for a driver’s license or nonoperator’s
9identification card, or any renewal application. Current Code
10section 321.182 requires that an application for a license
11or card include an applicant’s full name, signature, current
12mailing address, current residential address, date of birth,
13social security number, and other information. Under current
14administrative rules of the state department of transportation,
15an applicant for a license or card is required to provide proof
16of lawful status in the United States. Also under current
17administrative rules, a person’s signature for a driver’s
18license or nonoperator’s identification card application is
19required to be captured electronically. Under current law,
20a county treasurer’s office participating in county issuance
21of driver’s licenses is required to participate in voter
22registration to the same extent as a license facility of the
23state department of transportation.
24The bill requires the state registrar of voters to transmit
25the electronic records and electronic signatures to the county
26commissioner of registration of the county where the person
27resides. The bill requires that the county commissioner review
28the electronic record and any other relevant information to
29determine if a person is an eligible elector. If the county
30commissioner determines a person to be an eligible elector
31and the person is not registered to vote in the county, the
32county commissioner is required to notify the person of the
33separate processes to decline to register to vote or to declare
34a political party affiliation. If a notified person fails to
35decline voter registration within 21 days after the county
-9-1commissioner issued the notification, the bill provides that
2the electronic record and electronic signature shall constitute
3a completed voter registration form for that person and the
4bill requires the county commissioner to register the person to
5vote in that county and send the person an acknowledgment as
6required by current law.
7The bill prohibits a county commissioner from adding a
8person’s name to a voter registration list until at least 21
9days after the commissioner has issued notification to the
10person. The bill requires that a county commissioner send an
11acknowledgment of registration within seven business days of
12registering a person under the bill. The bill also provides
13that the electronic record and electronic signature of a person
14who does not qualify as an eligible elector does not constitute
15a completed voter registration form. Under the bill, such a
16person submitting an application for a license or card will not
17be subject to charges for voter registration fraud under Code
18section 39A.2 for submitting such an application.
19The bill also grants the state voter registration commission
20the authority to adopt rules to administer and interpret the
21provisions of the bill relating to voter registration at motor
22vehicle driver’s license stations. If interpretive rulemaking
23authority is clearly vested in the discretion of an agency by
24statute, the applicable judicial standard of review is whether
25the rules constitute an irrational, illogical, or wholly
26unjustifiable interpretation of law by the agency (Code section
2717A.19(10)(l)). If interpretive rulemaking authority is not
28clearly vested in the discretion of an agency, the applicable
29judicial standard of review is whether the rules constitute an
30erroneous interpretation of law (Code section 17A.19(10)(c)).
31The bill makes changes to current law related to address
32confidentiality program participants under Code chapter
339E by requiring the state registrar to adopt rules for
34administration of registration for those participants. The
35bill maintains current law to allow for submission of a paper
-10-1voter registration form through driver’s license offices. The
2bill specifies that a requirement that separate registration
3forms be signed by each individual registrant only applies to
4paper registration forms. Under the bill, driver’s license
5offices are required to transmit voter registration forms
6to the appropriate county commissioner and to transmit all
7electronic records and electronic signatures to the state
8registrar of voters.
9Under current law, the state registrar of voters is
10required to establish rules regulating transmission of voter
11registration forms from driver’s license stations and voter
12registration agencies. Under the bill, such rules are required
13to be established by the state commission.
14The bill also allows for automatic voter registration
15to be completed based upon information received from
16voter registration agencies, including, under the bill,
17the department of education and other state offices that
18collect personal information sufficient to complete a voter
19registration application.
20The bill provides that the state voter registration
21commission, in consultation with the department of
22transportation and voter registration agencies, may adopt
23emergency rules to implement the provisions of the bill.
24The bill may include a state mandate as defined in Code
25section 25B.3. The bill makes inapplicable Code section 25B.2,
26subsection 3, which would relieve a political subdivision from
27complying with a state mandate if funding for the cost of
28the state mandate is not provided or specified. Therefore,
29political subdivisions are required to comply with any state
30mandate included in the bill.
31The bill takes effect upon enactment.
-11-ss/jh
2review of electronic records received from state agencies
3and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 48A.7, Code 2021, is amended to read as
2follows:
348A.7 Registration in person.
4An eligible elector may register to vote by appearing
5personally and completing a voter registration form at the
6office of the commissioner in the county in which the person
7resides, at a motor vehicle driver’s license station, including
8any county treasurer’s office that is participating in county
9issuance of driver’s licenses under chapter 321M, or at any
10voter registration agency. A For paper registration forms,
11a separate voter registration form shall be signed by each
12individual registrant.
13 Sec. 2. Section 48A.8, subsection 1, Code 2021, is amended
14to read as follows:
151. An eligible elector may request that a voter registration
16form be mailed to the elector. The completed form may be
17mailed or delivered by the registrant or the registrant’s
18designee to the commissioner in the county where the person
19resides or to the state commissioner of elections for a
20program participant, as provided in section 9E.6. A For paper
21registration forms, a separate voter registration form shall be
22signed by each individual registrant.
23 Sec. 3. Section 48A.18, subsections 1 and 3, Code 2021, are
24amended to read as follows:
251. Each state motor vehicle driver’s license application,
26including any renewal application or application for a
27nonoperator’s identification card, submitted to the office
28of driver services of the state department of transportation
29shall serve as an application for voter registration unless
30the commissioner of registration determines that the applicant
31is not an eligible elector or the applicant declines to
32register to vote after receiving notification under subsection
334A. A completed application or paper voter registration
34form submitted to the office of driver services of the state
35department of transportation shall be considered to update any
-1-1previous voter registration by the registrant.
23. Information relating to the refusal decision of an
3applicant for a driver’s license to apply decline to register
4to vote shall not be used for any purpose other than voter
5registration.
6 Sec. 4. Section 48A.18, subsection 4, Code 2021, is amended
7by striking the subsection and inserting in lieu thereof the
8following:
94. a. The state voter registration commission shall
10establish schedules by which the department of transportation
11shall transmit to the state registrar of voters electronic
12records containing the legal name, age, residence, and
13citizenship information for, and the electronic signature of,
14each person submitting an application under this section.
15b. The state voter registration commission shall establish
16schedules by which the state registrar of voters shall make
17accessible or transmit electronic records and electronic
18signatures received under paragraph “a” to the appropriate
19commissioner of registration.
20c. The state voter registration commission shall establish
21schedules by which the department of transportation shall
22transmit any completed paper registration forms to the
23appropriate commissioner of registration.
24d. The state commissioner of elections shall adopt rules,
25consistent with section 9E.6, for the registration of address
26confidentiality program participants.
27e. The state voter registration commission shall adopt
28rules pursuant to chapter 17A to administer and interpret this
29section, including rules to establish electronic and paper
30forms and all procedures used by the office of driver services
31for voter registration purposes, rules to establish schedules
32for transmission of electronic records, electronic signatures,
33and completed paper voter registration forms, and rules and
34forms to decline being registered to vote.
35 Sec. 5. Section 48A.18, Code 2021, is amended by adding the
-2-1following new subsection:
2 NEW SUBSECTION. 4A. a. (1) Upon receiving the electronic
3record for, and electronic signature of, a person under
4subsection 4, the state registrar of voters shall transmit or
5otherwise make accessible the electronic record and electronic
6signature of the person to the commissioner of registration
7of the county where the person resides. Upon reviewing the
8electronic record received from the state registrar of voters,
9along with any other relevant information, the commissioner of
10registration shall determine if a person is an eligible elector
11of the county. If the commissioner determines that a person is
12an eligible elector of the county and is not registered to vote
13in that county, the commissioner shall notify the person of the
14separate processes to decline being registered to vote or to
15declare a political party affiliation.
16(2) If the person is registered to vote in the county, the
17commissioner shall use the electronic record and information to
18update the person’s voter registration if appropriate.
19b. If a person notified under paragraph “a” does not decline
20to be registered to vote within twenty-one calendar days after
21the commissioner of registration issues the notification, the
22person’s electronic record and electronic signature shall
23constitute a completed voter registration form under section
2448A.11, and the commissioner of registration shall register the
25person to vote in that county. The commissioner shall send an
26acknowledgment pursuant to section 48A.26.
27c. A commissioner of registration shall not add a person
28subject to registration under this subsection to a voter
29registration list until at least twenty-one calendar days
30after the commissioner has issued notification to the person
31as described in paragraph “a”.
32d. The electronic record and electronic signature, received
33under this subsection, of a person who does not qualify
34as an eligible elector shall not constitute a completed
35voter registration form under section 48A.11 and such a
-3-1person’s application for a driver’s license or nonoperator’s
2identification card shall not be considered to be a voter
3registration application for purposes of section 39A.2,
4subsection 1, paragraph “a”.
5 Sec. 6. Section 48A.19, subsection 1, Code 2021, is amended
6by adding the following new paragraph:
7 NEW PARAGRAPH. d. The department of education and all
8state offices that collect personal information sufficient to
9complete a voter registration application, as determined by the
10state commissioner.
11 Sec. 7. Section 48A.19, subsection 4, paragraph a,
12unnumbered paragraph 1, Code 2021, is amended to read as
13follows:
14The A voter registration agency that does not collect
15personal information sufficient to complete a voter
16registration application shall provide a form to applicants
17that includes all of the following:
18 Sec. 8. Section 48A.21, Code 2021, is amended to read as
19follows:
2048A.21 Transmission of forms from agencies and driver’s
21license stations.
221. The state registrar of voters shall adopt administrative
23rules regulating the transmission of completed voter
24registration forms from voter registration agencies and from
25driver’s license stations, including county treasurer’s offices
26participating in county issuance of driver’s licenses under
27chapter 321M. All completed voter registration applications
28in the possession of a voter registration agency, a driver’s
29license station, or a county treasurer’s office that is
30participating in county issuance of driver’s licenses at 5:00
31p.m.on the last workday of each week shall be transmitted
32to the location designated by the state registrar of voters
33by rule. Procedures or requirements for more frequent
34transmissions may be specified by rule.
352. a. The state voter registration commission shall
-4-1establish schedules by which the voter registration agencies
2pursuant to section 48A.19 that collect personal information
3sufficient to complete a voter registration application shall
4transmit to the state registrar of voters electronic records
5containing the legal name, age, residence, and citizenship
6information for, and the electronic signature of, each person
7providing personal information as described in this section.
8b. The state voter registration commission shall establish
9schedules by which the state registrar of voters shall make
10accessible or transmit electronic records and electronic
11signatures received under paragraph “a” to the appropriate
12commissioner of registration.
13c. The state voter registration commission shall establish
14schedules by which voter registration agencies shall transmit
15any completed paper registration forms to the appropriate
16commissioner of registration.
17d. The state commissioner of elections shall adopt rules,
18consistent with section 9E.6, for the registration of address
19confidentiality program participants.
20e. The state voter registration commission shall adopt
21rules pursuant to chapter 17A to administer and interpret this
22section, including rules to establish electronic and paper
23forms and all procedures used by voter registration agencies
24for voter registration purposes, rules to establish schedules
25for transmission of electronic records, electronic signatures,
26and completed paper voter registration forms, and rules and
27forms to decline being registered to vote.
283. a. (1) Upon receiving the electronic record for, and
29electronic signature of, a person under subsection 2, the state
30registrar of voters shall transmit or otherwise make accessible
31the electronic record and electronic signature of the person to
32the commissioner of registration of the county where the person
33resides. Upon reviewing the electronic record received from
34the state registrar of voters, along with any other relevant
35information, the commissioner of registration shall determine
-5-1if a person is an eligible elector of the county. If the
2commissioner determines that a person is an eligible elector
3of the county and is not registered to vote in that county, the
4commissioner shall notify the person of the separate processes
5to decline being registered to vote or to declare a political
6party affiliation.
7(2) If the person is registered to vote in the county, the
8commissioner shall use the electronic record and information to
9update the person’s voter registration if appropriate.
10b. If a person notified under paragraph “a” does not decline
11to be registered to vote within twenty-one calendar days after
12the commissioner of registration issues the notification, the
13person’s electronic record and electronic signature shall
14constitute a completed voter registration form under section
1548A.11, and the commissioner of registration shall register the
16person to vote in that county. The commissioner shall send an
17acknowledgment pursuant to section 48A.26.
18c. A commissioner of registration shall not add a person
19subject to registration under this subsection to a voter
20registration list until at least twenty-one calendar days
21after the commissioner has issued notification to the person
22as described in paragraph “a”.
23d. The electronic record and electronic signature, received
24under this subsection, of a person who does not qualify as
25an eligible elector shall not constitute a completed voter
26registration form under section 48A.11 and such a person shall
27not be considered to have submitted a voter registration
28application for purposes of section 39A.2, subsection 1,
29paragraph “a”.
30 Sec. 9. Section 48A.26, subsection 1, paragraph b, Code
312021, is amended to read as follows:
32b. (1) For a voter registration form or change of
33information in a voter registration record submitted at a
34precinct caucus, the commissioner shall send an acknowledgment
35within forty-five days of receipt of the form or change of
-6-1information.
2(2) For a voter registration application or change of
3information in a voter registration record completed pursuant
4to section 48A.18 or 48A.19, the commissioner shall send an
5acknowledgment within seven working days of the person being
6registered under either section.
7 Sec. 10. Section 48A.26, subsection 8, Code 2021, is amended
8to read as follows:
98. An A completed voter registration application,
10improperly transmitted under section 48A.18, subsection
114A, or under section 48A.21, subsection 2, or an improperly
12addressed or delivered registration form shall be transmitted
13or forwarded to the appropriate county commissioner of
14registration within two working days after it is received by
15any other official. The date of registration shall be the date
16the completed application or registration form was received by
17the first official. If the registration form was postmarked
18fifteen or more days before an election and the registration
19form was received by the first official after the close of
20registration, the registration form shall be considered on time
21for the election.
22 Sec. 11. Section 48A.36, subsection 1, Code 2021, is amended
23to read as follows:
241. Voter registration agencies and the office of driver
25services of the state department of transportation may
26electronically transmit registration data to the state
27registrar of voters, who shall distribute the information,
28electronically or otherwise, to the appropriate commissioner
29in accordance with rules of the state voter registration
30commission and the state registrar of voters. The office of
31driver services of the state department of transportation and
32voter registration agencies that collect personal information
33sufficient to complete a voter registration application
34shall electronically transmit registration data to the state
35registrar of voters as required pursuant to sections 48A.18
-7-1and 48A.21. The state agency originating the registration
2data shall permanently retain an electronic copy of the
3form completed by the registrant, including the registrant’s
4signature, and shall develop procedures for the retrieval and
5printing of that electronic document. A printed copy of an
6electronic registration document shall be made only upon the
7agency’s receipt of a court order.
8 Sec. 12. Section 331.557A, subsection 5, Code 2021, is
9amended to read as follows:
105. Participate in voter registration according to the
11terms of chapter 48A, and submit completed voter registration
12forms to the state registrar of voters appropriate county
13commissioner of registration.
14 Sec. 13. EMERGENCY RULES. The state voter registration
15commission, in consultation with the department of
16transportation and voter registration agencies, may adopt
17emergency rules under section 17A.4, subsection 3, and section
1817A.5, subsection 2, paragraph “b”, to implement the provisions
19of this Act and the rules shall be effective immediately upon
20filing unless a later date is specified in the rules. Any
21rules adopted in accordance with this section shall also be
22published as a notice of intended action as provided in section
2317A.4.
24 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection
253, shall not apply to this Act.
26 Sec. 15. EFFECTIVE UPON ENACTMENT. This Act, being deemed
27of immediate importance, takes effect upon enactment.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill provides for the registration of eligible electors
32upon review of electronic records received from state agencies.
33The bill allows for registration of eligible electors
34to vote following review of electronic records received
35from driver’s license and nonoperator’s identification card
-8-1applications by county commissioners of registration (county
2auditors).
3The bill requires that the office of driver services of the
4department of transportation transmit to the state registrar of
5voters (the secretary of state) electronic records containing
6the legal name, age, residence, and citizenship information
7for, and the electronic signature of, each person submitting
8an application for a driver’s license or nonoperator’s
9identification card, or any renewal application. Current Code
10section 321.182 requires that an application for a license
11or card include an applicant’s full name, signature, current
12mailing address, current residential address, date of birth,
13social security number, and other information. Under current
14administrative rules of the state department of transportation,
15an applicant for a license or card is required to provide proof
16of lawful status in the United States. Also under current
17administrative rules, a person’s signature for a driver’s
18license or nonoperator’s identification card application is
19required to be captured electronically. Under current law,
20a county treasurer’s office participating in county issuance
21of driver’s licenses is required to participate in voter
22registration to the same extent as a license facility of the
23state department of transportation.
24The bill requires the state registrar of voters to transmit
25the electronic records and electronic signatures to the county
26commissioner of registration of the county where the person
27resides. The bill requires that the county commissioner review
28the electronic record and any other relevant information to
29determine if a person is an eligible elector. If the county
30commissioner determines a person to be an eligible elector
31and the person is not registered to vote in the county, the
32county commissioner is required to notify the person of the
33separate processes to decline to register to vote or to declare
34a political party affiliation. If a notified person fails to
35decline voter registration within 21 days after the county
-9-1commissioner issued the notification, the bill provides that
2the electronic record and electronic signature shall constitute
3a completed voter registration form for that person and the
4bill requires the county commissioner to register the person to
5vote in that county and send the person an acknowledgment as
6required by current law.
7The bill prohibits a county commissioner from adding a
8person’s name to a voter registration list until at least 21
9days after the commissioner has issued notification to the
10person. The bill requires that a county commissioner send an
11acknowledgment of registration within seven business days of
12registering a person under the bill. The bill also provides
13that the electronic record and electronic signature of a person
14who does not qualify as an eligible elector does not constitute
15a completed voter registration form. Under the bill, such a
16person submitting an application for a license or card will not
17be subject to charges for voter registration fraud under Code
18section 39A.2 for submitting such an application.
19The bill also grants the state voter registration commission
20the authority to adopt rules to administer and interpret the
21provisions of the bill relating to voter registration at motor
22vehicle driver’s license stations. If interpretive rulemaking
23authority is clearly vested in the discretion of an agency by
24statute, the applicable judicial standard of review is whether
25the rules constitute an irrational, illogical, or wholly
26unjustifiable interpretation of law by the agency (Code section
2717A.19(10)(l)). If interpretive rulemaking authority is not
28clearly vested in the discretion of an agency, the applicable
29judicial standard of review is whether the rules constitute an
30erroneous interpretation of law (Code section 17A.19(10)(c)).
31The bill makes changes to current law related to address
32confidentiality program participants under Code chapter
339E by requiring the state registrar to adopt rules for
34administration of registration for those participants. The
35bill maintains current law to allow for submission of a paper
-10-1voter registration form through driver’s license offices. The
2bill specifies that a requirement that separate registration
3forms be signed by each individual registrant only applies to
4paper registration forms. Under the bill, driver’s license
5offices are required to transmit voter registration forms
6to the appropriate county commissioner and to transmit all
7electronic records and electronic signatures to the state
8registrar of voters.
9Under current law, the state registrar of voters is
10required to establish rules regulating transmission of voter
11registration forms from driver’s license stations and voter
12registration agencies. Under the bill, such rules are required
13to be established by the state commission.
14The bill also allows for automatic voter registration
15to be completed based upon information received from
16voter registration agencies, including, under the bill,
17the department of education and other state offices that
18collect personal information sufficient to complete a voter
19registration application.
20The bill provides that the state voter registration
21commission, in consultation with the department of
22transportation and voter registration agencies, may adopt
23emergency rules to implement the provisions of the bill.
24The bill may include a state mandate as defined in Code
25section 25B.3. The bill makes inapplicable Code section 25B.2,
26subsection 3, which would relieve a political subdivision from
27complying with a state mandate if funding for the cost of
28the state mandate is not provided or specified. Therefore,
29political subdivisions are required to comply with any state
30mandate included in the bill.
31The bill takes effect upon enactment.
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