Print
House File 365 - IntroducedA Bill ForAn Act 1 providing for the restoration of the right to register
2to vote and to vote and hold elective office for certain
3persons and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39A.1, subsection 2, Code 2017, 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 2017, 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 2017,
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 2017,
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 2017, 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 2017, 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 by the governor, or by the president of the United
23States, pursuant to section 914.8, or by a pardon issued by the
24governor or the president of the United States, the person may
25register to vote.
26 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2017,
27is amended to read as follows:
28c. That prior to the election the incumbent had been duly
29convicted of a felony, as defined in section 701.7, and that
30the judgment had not been reversed, annulled, or set aside, nor
31the incumbent pardoned by the governor or the president of the
32United States or restored to the rights of citizenship by the
33governor under chapter 914 pursuant to section 914.8, at the
34time of the election.
35 Sec. 8. Section 123.3, subsection 34, paragraph d, Code
-2-12017, is amended to read as follows:
2d. The person has not been convicted of a felony. However,
3if the person’s conviction of a felony occurred more than five
4years before the date of the application for a license or
5permit, and if the person’s rights of citizenship have been
6restored by the governor pursuant to sections 914.1 through
7914.6, the administrator may determine that the person is of
8good moral character notwithstanding such conviction.
9 Sec. 9. Section 161A.5, subsection 3, paragraph b, Code
102017, is amended to read as follows:
11b. Every candidate shall file with the nomination papers
12an affidavit stating the candidate’s name, the candidate’s
13residence, that the person is a candidate and is eligible for
14the office of commissioner, and that if elected the candidate
15will qualify for the office. The affidavit shall also state
16that the candidate is aware that the candidate is disqualified
17from holding office if the candidate has been convicted of a
18felony or other infamous crime and the candidate’s rights have
19not been restored by the governor, or by the president of the
20United States, or by operation of law.
21 Sec. 10. Section 277.4, subsection 2, paragraph b, Code
222017, is amended to read as follows:
23b. Signers of nomination petitions shall include their
24addresses and the date of signing, and must reside in the same
25director district as the candidate if directors are elected
26by the voters of a director district, rather than at-large.
27A person may sign nomination petitions for more than one
28candidate for the same office, and the signature is not invalid
29solely because the person signed nomination petitions for
30one or more other candidates for the office. The petition
31shall be filed with the affidavit of the candidate being
32nominated, stating the candidate’s name, place of residence,
33that such person is a candidate and is eligible for the office
34the candidate seeks, and that if elected the candidate will
35qualify for the office. The affidavit shall also state that
-3-1the candidate is aware that the candidate is disqualified
2from holding office if the candidate has been convicted of a
3felony or other infamous crime and the candidate’s rights have
4not been restored by the governor, or by the president of the
5United States, or by operation of law.
6 Sec. 11. Section 376.4, subsection 2, paragraph b, Code
72017, is amended to read as follows:
8b. The petition must include the affidavit of the individual
9for whom it is filed, stating the individual’s name, the
10individual’s residence, that the individual is a candidate and
11eligible for the office, and that if elected the individual
12will qualify for the office. The affidavit shall also state
13that the candidate is aware that the candidate is disqualified
14from holding office if the candidate has been convicted of a
15felony or other infamous crime and the candidate’s rights have
16not been restored by the governor, or by the president of the
17United States, or by operation of law.
18 Sec. 12. Section 914.2, Code 2017, is amended to read as
19follows:
20914.2 Right of application.
21Except as otherwise provided in section 902.2 or 914.8, a
22person convicted of a criminal offense has the right to make
23application to the board of parole for recommendation or to
24the governor for a reprieve, pardon, commutation of sentence,
25remission of fines or forfeitures, or restoration of rights of
26citizenship at any time following the conviction.
27 Sec. 13. NEW SECTION. 914.8 Restoration of right to
28register and to vote.
291. A person convicted of a felony criminal offense, other
30than a felony under section 39A.2 or a forcible felony as
31defined in section 702.11, or any equivalent criminal offense
32under federal law, who has been discharged from probation,
33parole, or work release or who is released from confinement
34under section 902.6 because the person has completed the
35person’s term of confinement shall have the person’s right to
-4-1register to vote and to vote restored.
22. As soon as practicable, the department of corrections
3or judicial district department of correctional services,
4whichever is applicable, shall provide written notice to each
5person, as described in subsection 1, who, on or after January
614, 2011, has been discharged from probation, parole, or work
7release or who, on or after January 14, 2011, has completed a
8term of confinement, that the person’s right to register to
9vote and to vote has been restored. The notice shall include a
10voter registration form.
113. The department of corrections shall monthly provide a
12list of all persons notified under subsection 2 in the previous
13month to the state registrar of voters who shall provide the
14information to the county registrars of voters as deemed
15necessary.
164. a. A person described in subsection 1 may still make
17application for a restoration of citizenship rights pursuant
18to sections 914.1 through 914.6. Such an application, unless
19withdrawn, shall be processed as required by this chapter.
20b. A person convicted of a felony under section 39A.2 or of
21a forcible felony as defined in section 702.11 may only apply
22to have the right to register to vote and to vote restored
23under the application process in sections 914.1 through 914.6.
245. This section shall not relieve a person of any unpaid
25restitution, fine, or other obligation resulting from
26conviction.
27 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed
28of immediate importance, takes effect upon enactment.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill enacts new Code section 914.8 which requires
33that, upon discharge from certain felony criminal sentences,
34citizenship rights related to voting and qualification for
35public office must be restored.
-5- 1The bill requires that the right to register to vote
2and to vote be restored for any individual who has been
3discharged from criminal sentence for any felony other than an
4elections-related felony under Code section 39A.2 or a forcible
5felony as defined in Code section 702.11. To be discharged
6from criminal sentence, under the bill, an individual must also
7be discharged from any accompanying term of probation, parole,
8or supervised release. The restoration of citizenship rights
9provided for under the bill shall only extend to the right to
10register to vote and to vote and to hold elective office, and
11would not include any other citizenship rights. The bill does
12not relieve the individual of unpaid restitution, fines, or
13other obligations resulting from conviction. The bill does not
14limit an individual’s ability to apply to the governor for a
15restoration of citizenship rights, as currently provided for in
16Code chapter 914.
17The bill requires that the department of corrections notify
18an individual whose right to register to vote and to vote
19has been restored on or after January 14, 2011. The bill
20requires, where applicable, the judicial district department of
21correctional services to notify an individual whose rights have
22been restored. The department of corrections is also required
23to monthly provide a list of the individuals notified to the
24state registrar of voters (secretary of state).
25The bill takes effect upon enactment.
-6-aw/sc
2to vote and to vote and hold elective office for certain
3persons and including effective date provisions.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 39A.1, subsection 2, Code 2017, 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 2017, 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 2017,
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 2017,
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 2017, 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 2017, 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 by the governor, or by the president of the United
23States, pursuant to section 914.8, or by a pardon issued by the
24governor or the president of the United States, the person may
25register to vote.
26 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2017,
27is amended to read as follows:
28c. That prior to the election the incumbent had been duly
29convicted of a felony, as defined in section 701.7, and that
30the judgment had not been reversed, annulled, or set aside, nor
31the incumbent pardoned by the governor or the president of the
32United States or restored to the rights of citizenship by the
33governor under chapter 914 pursuant to section 914.8, at the
34time of the election.
35 Sec. 8. Section 123.3, subsection 34, paragraph d, Code
-2-12017, is amended to read as follows:
2d. The person has not been convicted of a felony. However,
3if the person’s conviction of a felony occurred more than five
4years before the date of the application for a license or
5permit, and if the person’s rights of citizenship have been
6restored by the governor pursuant to sections 914.1 through
7914.6, the administrator may determine that the person is of
8good moral character notwithstanding such conviction.
9 Sec. 9. Section 161A.5, subsection 3, paragraph b, Code
102017, is amended to read as follows:
11b. Every candidate shall file with the nomination papers
12an affidavit stating the candidate’s name, the candidate’s
13residence, that the person is a candidate and is eligible for
14the office of commissioner, and that if elected the candidate
15will qualify for the office. The affidavit shall also state
16that the candidate is aware that the candidate is disqualified
17from holding office if the candidate has been convicted of a
18felony or other infamous crime and the candidate’s rights have
19not been restored by the governor, or by the president of the
20United States, or by operation of law.
21 Sec. 10. Section 277.4, subsection 2, paragraph b, Code
222017, is amended to read as follows:
23b. Signers of nomination petitions shall include their
24addresses and the date of signing, and must reside in the same
25director district as the candidate if directors are elected
26by the voters of a director district, rather than at-large.
27A person may sign nomination petitions for more than one
28candidate for the same office, and the signature is not invalid
29solely because the person signed nomination petitions for
30one or more other candidates for the office. The petition
31shall be filed with the affidavit of the candidate being
32nominated, stating the candidate’s name, place of residence,
33that such person is a candidate and is eligible for the office
34the candidate seeks, and that if elected the candidate will
35qualify for the office. The affidavit shall also state that
-3-1the candidate is aware that the candidate is disqualified
2from holding office if the candidate has been convicted of a
3felony or other infamous crime and the candidate’s rights have
4not been restored by the governor, or by the president of the
5United States, or by operation of law.
6 Sec. 11. Section 376.4, subsection 2, paragraph b, Code
72017, is amended to read as follows:
8b. The petition must include the affidavit of the individual
9for whom it is filed, stating the individual’s name, the
10individual’s residence, that the individual is a candidate and
11eligible for the office, and that if elected the individual
12will qualify for the office. The affidavit shall also state
13that the candidate is aware that the candidate is disqualified
14from holding office if the candidate has been convicted of a
15felony or other infamous crime and the candidate’s rights have
16not been restored by the governor, or by the president of the
17United States, or by operation of law.
18 Sec. 12. Section 914.2, Code 2017, is amended to read as
19follows:
20914.2 Right of application.
21Except as otherwise provided in section 902.2 or 914.8, a
22person convicted of a criminal offense has the right to make
23application to the board of parole for recommendation or to
24the governor for a reprieve, pardon, commutation of sentence,
25remission of fines or forfeitures, or restoration of rights of
26citizenship at any time following the conviction.
27 Sec. 13. NEW SECTION. 914.8 Restoration of right to
28register and to vote.
291. A person convicted of a felony criminal offense, other
30than a felony under section 39A.2 or a forcible felony as
31defined in section 702.11, or any equivalent criminal offense
32under federal law, who has been discharged from probation,
33parole, or work release or who is released from confinement
34under section 902.6 because the person has completed the
35person’s term of confinement shall have the person’s right to
-4-1register to vote and to vote restored.
22. As soon as practicable, the department of corrections
3or judicial district department of correctional services,
4whichever is applicable, shall provide written notice to each
5person, as described in subsection 1, who, on or after January
614, 2011, has been discharged from probation, parole, or work
7release or who, on or after January 14, 2011, has completed a
8term of confinement, that the person’s right to register to
9vote and to vote has been restored. The notice shall include a
10voter registration form.
113. The department of corrections shall monthly provide a
12list of all persons notified under subsection 2 in the previous
13month to the state registrar of voters who shall provide the
14information to the county registrars of voters as deemed
15necessary.
164. a. A person described in subsection 1 may still make
17application for a restoration of citizenship rights pursuant
18to sections 914.1 through 914.6. Such an application, unless
19withdrawn, shall be processed as required by this chapter.
20b. A person convicted of a felony under section 39A.2 or of
21a forcible felony as defined in section 702.11 may only apply
22to have the right to register to vote and to vote restored
23under the application process in sections 914.1 through 914.6.
245. This section shall not relieve a person of any unpaid
25restitution, fine, or other obligation resulting from
26conviction.
27 Sec. 14. EFFECTIVE UPON ENACTMENT. This Act, being deemed
28of immediate importance, takes effect upon enactment.
29EXPLANATION
30The inclusion of this explanation does not constitute agreement with
31the explanation’s substance by the members of the general assembly.
32This bill enacts new Code section 914.8 which requires
33that, upon discharge from certain felony criminal sentences,
34citizenship rights related to voting and qualification for
35public office must be restored.
-5- 1The bill requires that the right to register to vote
2and to vote be restored for any individual who has been
3discharged from criminal sentence for any felony other than an
4elections-related felony under Code section 39A.2 or a forcible
5felony as defined in Code section 702.11. To be discharged
6from criminal sentence, under the bill, an individual must also
7be discharged from any accompanying term of probation, parole,
8or supervised release. The restoration of citizenship rights
9provided for under the bill shall only extend to the right to
10register to vote and to vote and to hold elective office, and
11would not include any other citizenship rights. The bill does
12not relieve the individual of unpaid restitution, fines, or
13other obligations resulting from conviction. The bill does not
14limit an individual’s ability to apply to the governor for a
15restoration of citizenship rights, as currently provided for in
16Code chapter 914.
17The bill requires that the department of corrections notify
18an individual whose right to register to vote and to vote
19has been restored on or after January 14, 2011. The bill
20requires, where applicable, the judicial district department of
21correctional services to notify an individual whose rights have
22been restored. The department of corrections is also required
23to monthly provide a list of the individuals notified to the
24state registrar of voters (secretary of state).
25The bill takes effect upon enactment.
-6-aw/sc