House File 44 - IntroducedA Bill ForAn Act 1defining infamous crime as election misconduct in
2the first degree that is vote fraud for the purposes of
3disqualifying a person from registering to vote and voting
4and from being a candidate for certain elective offices and
5limiting such disqualifications to the term of the sentence.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 39.3, subsection 8, Code 2021, is amended
2to read as follows:
   38.  “Infamous crime” means a felony election misconduct in
4the first degree that is vote fraud
as defined described in
5section 701.7 39A.2, subsection 1, paragraph “b”, or an offense
6classified as a felony under federal law
 and shall not include
7any misdemeanor or other felony. A person’s disqualification
8on account of the person’s conviction of an infamous crime
9pursuant to Article II, section 5 of the Constitution of the
10State of Iowa is limited in duration to the period of the
11person’s sentence, and the person’s right to vote is restored
12automatically upon the person’s successful discharge of the
13criminal conviction, including any period of probation or
14parole, regardless of the person’s payment of fines, fees, or
15restitution
.
16   Sec. 2.  Section 39A.1, subsection 2, Code 2021, is amended
17to read as follows:
   182.  The purpose of this chapter is to identify actions which
19threaten the integrity of the election process and to impose
20significant sanctions upon persons who intentionally commit
21those acts. It is the intent of the general assembly that
22offenses with the greatest potential to affect the election
23process be vigorously prosecuted and strong punishment meted
24out through the imposition of felony sanctions which, as
25a consequence, remove the voting rights of the offenders
.
26Other offenses are still considered serious, but based on the
27factual context in which they arise, they may not rise to
28the level of offenses to which felony penalties attach. The
29general assembly also recognizes that instances may arise in
30which technical infractions of chapters 39 through 53 may
31occur which do not merit any level of criminal sanction.
32In such instances, administrative notice from the state or
33county commissioner of elections is sufficient. Mandates
34or proscriptions in chapters 39 through 53 which are not
35specifically included in this chapter shall be considered to be
-1-1directive only, without criminal sanction.
2   Sec. 3.  Section 43.18, subsection 9, Code 2021, is amended
3to read as follows:
   49.  A statement that the candidate is aware that the
5candidate is disqualified from holding office if the candidate
6has been convicted of a felony or other an infamous crime as
7defined in section 39.3
and the candidate’s rights have not
8been restored by the governor, or by the president of the
9United States, or by operation of section 39.3.
10   Sec. 4.  Section 43.67, subsection 2, paragraph i, Code 2021,
11is amended to read as follows:
   12i.  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 an infamous crime as
15defined in section 39.3
and the candidate’s rights have not
16been restored by the governor, or by the president of the
17United States, or by operation of section 39.3.
18   Sec. 5.  Section 44.3, subsection 2, paragraph i, Code 2021,
19is amended to read as follows:
   20i.  A statement that the candidate is aware that the
21candidate is disqualified from holding office if the candidate
22has been convicted of a felony or other an infamous crime as
23defined in section 39.3
and the candidate’s rights have not
24been restored by the governor, or by the president of the
25United States, or by operation of section 39.3.
26   Sec. 6.  Section 45.3, subsection 9, Code 2021, is amended
27to read as follows:
   289.  A statement that the candidate is aware that the
29candidate is disqualified from holding office if the candidate
30has been convicted of a felony or other an infamous crime as
31defined in section 39.3
and the candidate’s rights have not
32been restored by the governor, or by the president of the
33United States, or by operation of section 39.3.
34   Sec. 7.  Section 47.7, subsection 2, paragraph a, Code 2021,
35is amended to read as follows:
-2-   1a.  On or before January 1, 2006, the state registrar of
2voters shall implement in a uniform and nondiscriminatory
3manner, a single, uniform, official, centralized, interactive
4computerized statewide voter registration file defined,
5maintained, and administered at the state level that contains
6the name and registration information of every legally
7registered voter in the state and assigns a unique identifier
8to each legally registered voter in the state. The state voter
9registration system shall be coordinated with other agency
10databases within the state, including, but not limited to,
11 state department of transportation driver’s license records,
12judicial records of convicted felons persons convicted of
13infamous crimes as defined in section 39.3
and persons declared
14incompetent to vote, and Iowa department of public health
15records of deceased persons.
16   Sec. 8.  Section 48A.6, subsection 1, Code 2021, is amended
17to read as follows:
   181.  A person who has been convicted of a felony an infamous
19crime
as defined in section 701.7, or convicted of an offense
20classified as a felony under federal law
 39.3. If the person’s
21rights are later restored by the governor, or by the president
22of the United States, or by operation of section 39.3, the
23person may register to vote.
24   Sec. 9.  Section 48A.14, subsection 1, paragraph e, Code
252021, is amended to read as follows:
   26e.  The challenged registrant has been convicted of a
27felony
 an infamous crime as defined in section 39.3, and the
28registrant’s voting rights have not been restored.
29   Sec. 10.  Section 48A.30, subsection 1, paragraph d, Code
302021, is amended to read as follows:
   31d.  The clerk of the district court, or the United States
32attorney, or the state registrar sends notice of the registered
33voter’s conviction of a felony an infamous crime as defined
34in section 701.7, or conviction of an offense classified as a
35felony under federal law
 39.3. The clerk of the district court
-3-1shall send notice of such a felony conviction to the state
2registrar of voters. The registrar shall determine in which
3county the felon convicted person is registered to vote, if
4any, and shall notify the county commissioner of registration
5for that county of the felony conviction.
6   Sec. 11.  Section 49.79, subsection 2, paragraph f, Code
72021, is amended to read as follows:
   8f.  The challenged person has been convicted of a felony an
9infamous crime as defined in section 39.3
, and the person’s
10voting rights have not been restored.
11   Sec. 12.  Section 57.1, subsection 2, paragraph c, Code 2021,
12is amended to read as follows:
   13c.  That prior to the election the incumbent had been duly
14convicted of a felony an infamous crime, as defined in section
15701.7 39.3, and that the judgment had not been reversed,
16annulled, or set aside, nor the incumbent pardoned or restored
17to the rights of citizenship by the governor under chapter
18914, by the president of the United States, or by operation of
19section 39.3,
at the time of the election.
20   Sec. 13.  Section 161A.5, subsection 3, paragraph b, Code
212021, is amended to read as follows:
   22b.  Every candidate shall file with the nomination papers
23an affidavit stating the candidate’s name, the candidate’s
24residence, that the person is a candidate and is eligible for
25the office of commissioner, and that if elected the candidate
26will qualify for the office. The affidavit shall also state
27that the candidate is aware that the candidate is disqualified
28from holding office if the candidate has been convicted of
29a felony or other an infamous crime as defined in section
3039.3
and the candidate’s rights have not been restored by the
31governor, or by the president of the United States, or by
32operation of section 39.3
.
33   Sec. 14.  Section 277.4, subsection 2, paragraph b, Code
342021, is amended to read as follows:
   35b.  Signers of nomination petitions shall include their
-4-1addresses and the date of signing, and must reside in the same
2director district as the candidate if directors are elected
3by the voters of a director district, rather than at-large.
4A person may sign nomination petitions for more than one
5candidate for the same office, and the signature is not invalid
6solely because the person signed nomination petitions for
7one or more other candidates for the office. The petition
8shall be filed with the affidavit of the candidate being
9nominated, stating the candidate’s name, place of residence,
10that such person is a candidate and is eligible for the office
11the candidate seeks, and that if elected the candidate will
12qualify for the office. The affidavit shall also state that
13the candidate is aware that the candidate is disqualified from
14holding office if the candidate has been convicted of a felony
15or other
 an infamous crime as defined in section 39.3 and the
16candidate’s rights have not been restored by the governor,
17 or by the president of the United States, or by operation of
18section 39.3
.
19   Sec. 15.  Section 376.4, subsection 2, paragraph b, Code
202021, is amended to read as follows:
   21b.  The petition must include the affidavit of the individual
22for whom it is filed, stating the individual’s name, the
23individual’s residence, that the individual is a candidate and
24eligible for the office, and that if elected the individual
25will qualify for the office. The affidavit shall also state
26that the candidate is aware that the candidate is disqualified
27from holding office if the candidate has been convicted of
28a felony or other an infamous crime as defined in section
2939.3
and the candidate’s rights have not been restored by the
30governor, or by the president of the United States, or by
31operation of section 39.3
.
32   Sec. 16.  Section 602.8102, subsection 15, Code 2021, is
33amended to read as follows:
   3415.  Monthly, notify the county commissioner of registration
35and the state registrar of voters of persons seventeen years of
-5-1age and older who have been convicted of a felony an infamous
2crime, as defined in section 39.3,
during the preceding
3calendar month or persons who at any time during the preceding
4calendar month have been legally declared to be a person who is
5incompetent to vote as that term is defined in section 48A.2.
6EXPLANATION
7The inclusion of this explanation does not constitute agreement with
8the explanation’s substance by the members of the general assembly.
   9Article II, section 5, of the Constitution of the State of
10Iowa denies the privilege of an elector to any person convicted
11of an infamous crime. State statute defines infamous crime as
12a felony conviction under state or federal law. State law also
13allows a person who has been discharged from parole, probation,
14or work release, or who has been released from incarceration
15upon completion of sentence, to apply to the governor for
16restoration of the rights of citizenship, which include the
17rights to register to vote and to vote. State statute also
18requires that a candidate for elective office under the laws of
19the state must be an eligible elector at the time of election.
20By operation of law, this excludes persons who have been
21convicted of a state or federal felony and not had their rights
22of citizenship restored by the governor or the president of the
23United States.
   24This bill alters the definition of “infamous crime” to
25include only vote fraud that is election misconduct in the
26first degree under Code section 39A.2. The bill also limits
27the disqualification from holding the privilege of an elector
28due to conviction of an infamous crime to the period of the
29convicted person’s sentence. A convicted person’s right
30to vote and hold office is restored automatically upon the
31discharge of that person’s sentence, including any period of
32probation or parole, but not including the payment of fines,
33fees, or restitution.
   34The bill removes references to conviction of a felony under
35federal law.
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