Bill Text: IA HF8 | 2011-2012 | 84th General Assembly | Introduced

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Bill Title: A bill for an act establishing a requirement for voters to provide certain identification when voting in person at the polling place. (See Cmte. Bill HF 95)

Spectrum: Partisan Bill (Republican 49-0)

Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF8 Detail]

Download: Iowa-2011-HF8-Introduced.html

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House File 8 - Introduced
HOUSE FILE 8
BY COWNIE , ALONS , ANDERSON ,
BALTIMORE , BRANDENBURG ,
CHAMBERS , DE BOEF , DEYOE ,
DOLECHECK , FORRISTALL , FRY ,
GARRETT , HAGENOW , HELLAND ,
HUSEMAN , JORGENSEN ,
LOFGREN , L. MILLER ,
S. OLSON , PAUSTIAN ,
PEARSON , PETTENGILL ,
RAECKER , RASMUSSEN , ROGERS ,
SANDS , SCHULTE , IVERSON ,
J. SMITH , SWEENEY , J.
TAYLOR , TJEPKES , UPMEYER ,
VANDER LINDEN , WATTS ,
WINDSCHITL , WORTHAN ,
GRASSLEY , SODERBERG , HAGER ,
HEATON , MOORE , LUKAN ,
KLEIN , HANUSA , BYRNES ,
KOESTER , WAGNER , and DRAKE
A BILL FOR
An Act establishing a requirement for voters to provide certain
identification when voting in person at the polling place.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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Section 1. Section 48A.7A, subsection 1, paragraph a, Code
2011, is amended to read as follows:
a. A person who is eligible to register to vote and to
vote may register on election day by appearing in person at
the polling place for the precinct in which the individual
resides and completing a voter registration application, making
written oath, and providing proof of identity and residence
identification pursuant to section 49.77, subsection 3 .
Sec. 2. Section 48A.7A, subsection 1, paragraphs b and c,
Code 2011, are amended by striking the paragraphs.
Sec. 3. Section 48A.7A, subsections 2 and 3, Code 2011, are
amended to read as follows:
2. The oath required in subsection 1 , paragraph “a” , and in
paragraph “c” , if applicable, shall be attached to the voter
registration application.
3. At any time before election day, and after the deadline
for registration in section 48A.9 , a person who appears in
person at the commissioner’s office or at a satellite absentee
voting station or whose ballot is delivered to a health care
facility pursuant to section 53.22 may register to vote and
vote an absentee ballot by following the procedure in this
section for registering to vote on election day. A person who
wishes to vote in person at the polling place on election day
and who has not registered to vote before the deadline for
registering in section 48A.9 , is required to register to vote
at the polling place on election day following the procedure
in this section . However, the person may complete the voter
registration application at the commissioner’s office and,
after the commissioner has reviewed the completed application,
may present the application to the appropriate precinct
election official along with proof of identity and residency
identification .
Sec. 4. Section 48A.7A, subsection 4, paragraph b, Code
2011, is amended by striking the paragraph.
Sec. 5. Section 48A.8, Code 2011, is amended by striking the
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section and inserting in lieu thereof the following:
48A.8 Registration by mail.
An eligible elector may register to vote by completing a
mail registration form. The completed form may be mailed or
delivered by the registrant or the registrant’s designee to
the commissioner in the county where the person resides. A
separate registration form shall be signed by each individual
registrant.
Sec. 6. Section 48A.25A, subsection 1, paragraph a, Code
2011, is amended to read as follows:
a. Upon receipt of an application for voter registration,
the commissioner of registration shall compare the Iowa
driver’s license number, the Iowa nonoperator’s identification
card number, or the last four numerals of the social security
number provided by the registrant with the records of the
state department of transportation. To be verified, the
voter registration record shall contain the same name,
date of birth, and Iowa driver’s license number or Iowa
nonoperator’s identification card number or whole or partial
social security number as the records of the state department
of transportation. If the information cannot be verified, the
application shall be recorded and the status of the voter’s
record shall be designated as pending status. The commissioner
of registration shall notify the applicant that the applicant
is required to present identification described in section
48A.8, subsection 2 , before voting for the first time in the
county. If the information can be verified, a record shall be
made of the verification and the status of the voter’s record
shall be designated as active status.
Sec. 7. Section 48A.26, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 10. An acknowledgment mailed pursuant
to subsection 2 or 4 shall include a statement informing the
registered voter that the voter is required to show proof of
identification as provided in section 49.77 before the person
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will be allowed to vote.
Sec. 8. Section 48A.27, subsection 4, paragraph c,
subparagraph (2), Code 2011, is amended to read as follows:
(2) The notice shall contain a statement in substantially
the following form:
Information received from the United States postal service
indicates that you are no longer a resident of, and therefore
not eligible to vote in (name of county) County, Iowa. If this
information is not correct, and you still live in (name of
county) County, please complete and mail the attached postage
paid card at least ten days before the primary or general
election and at least eleven days before any other election at
which you wish to vote. If the information is correct and you
have moved, please contact a local official in your new area
for assistance in registering there. If you do not mail in
the card, you may be required to show identification before
being allowed to vote in (name of county) County. If you do not
return the card, and you do not vote in an election in (name
of county) County, Iowa, on or before (date of second general
election following the date of the notice) your name will be
removed from the list of voters in that county.
Sec. 9. Section 48A.29, subsection 1, paragraph b, Code
2011, is amended to read as follows:
b. The notice shall contain a statement in substantially the
following form:
Information received from the United States postal service
indicates that you are no longer a resident of (residence
address) in (name of county) County, Iowa. If this information
is not correct, and you still live in (name of county) County,
please complete and mail the attached postage paid card at
least ten days before the primary or general election and at
least eleven days before any other election at which you wish
to vote. If the information is correct, and you have moved,
please contact a local official in your new area for assistance
in registering there. If you do not mail in the card, you may
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H.F. 8
be required to show identification before being allowed to vote
in (name of county) County. If you do not return the card, and
you do not vote in some election in (name of county) County,
Iowa, on or before (date of second general election following
the date of the notice) your name will be removed from the list
of voters in that county.
Sec. 10. Section 48A.29, subsection 3, paragraph b, Code
2011, is amended to read as follows:
b. The notice shall contain a statement in substantially the
following form:
Information received by this office indicates that you are no
longer a resident of (residence address) in (name of county)
County, Iowa. If the information is not correct, and you still
live at that address, please complete and mail the attached
postage paid card at least ten days before the primary or
general election and at least eleven days before any other
election at which you wish to vote. If the information is
correct, and you have moved within the county, you may update
your registration by listing your new address on the card and
mailing it back. If you have moved outside the county, please
contact a local official in your new area for assistance in
registering there. If you do not mail in the card, you may be
required to show identification before being allowed to vote in
(name of county) County. If you do not return the card, and you
do not vote in some election in (name of county) County, Iowa,
on or before (date of second general election following the
date of the notice) your name will be removed from the list of
registered voters in that county.
Sec. 11. Section 48A.37, subsection 2, Code 2011, is amended
to read as follows:
2. Electronic records shall include a status code
designating whether the records are active, inactive,
incomplete, pending, or canceled. Inactive records are records
of registered voters to whom notices have been sent pursuant
to section 48A.28, subsection 3 , and who have not returned
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the card or otherwise responded to the notice, and those
records have been designated inactive pursuant to section
48A.29 . Inactive records are also records of registered
voters to whom notices have been sent pursuant to section
48A.26A and who have not responded to the notice. Incomplete
records are records missing required information pursuant to
section 48A.11, subsection 8 . Pending records are records of
applicants whose applications have not been verified pursuant
to section 48A.25A . Canceled records are records that have
been canceled pursuant to section 48A.30 . All other records
are active records. An inactive record shall be made active
when the registered voter requests an absentee ballot, votes
at an election, registers again, or reports a change of name,
address, telephone number, or political party or organization
affiliation. An incomplete record shall be made active when
a completed application is received from the applicant and
verified pursuant to section 48A.25A . A pending record shall
be made active upon verification or upon the voter providing
identification pursuant to section 48A.8 .
Sec. 12. Section 49.77, subsection 3, Code 2011, is amended
by striking the subsection and inserting in lieu thereof the
following:
3. a. A precinct election official shall require the voter
to produce for inspection proof of identification before being
allowed to vote.
b. For purposes of this section, “proof of identification”
refers to a document that satisfies all of the following:
(1) The document shows the name of the individual to whom
the document was issued which shall conform to the name on the
election register.
(2) The document shows a photograph of the individual to
whom it was issued.
(3) The document contains an expiration date that has
not passed as of the date of the election for which proof of
identification is required.
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(4) The document was issued by the government of the United
States or the state of Iowa.
c. If a voter is unable or refuses to present proof of
identification or the precinct election official determines
the proof of identification provided by the voter does not
qualify as proof of identification under paragraph “b” ,
the precinct election official shall challenge the voter as
provided in section 49.80. If the voter is challenged under
this paragraph, the voter shall be offered the option to vote a
ballot, but only in accordance with section 49.81.
Sec. 13. Section 49.77, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 3A. If proof of identification is
established under subsection 3 to the satisfaction of the
precinct election officials, the person may then be allowed to
vote.
Sec. 14. Section 49.77, subsection 4, paragraphs a and b,
Code 2011, are amended to read as follows:
a. A person whose name does not appear on the election
register of the precinct in which that person claims the right
to vote shall not be permitted to vote, unless the person
affirms that the person is currently registered in the county
and presents proof of identity identification pursuant to
subsection 3 , or the commissioner informs the precinct election
officials that an error has occurred and that the person is a
registered voter of that precinct. If the commissioner finds
no record of the person’s registration but the person insists
that the person is a registered voter of that precinct, the
precinct election officials shall allow the person to cast a
ballot in the manner prescribed by section 49.81 .
b. If the voter informs the precinct election official that
the voter resides in the precinct and is not registered to
vote, the voter may register to vote pursuant to section 48A.7A
and cast a ballot. If such a voter is unable to establish
identity and residency in the manner provided in section
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48A.7A, subsection 1 , paragraph “b” or “c” , the voter shall be
allowed to cast a ballot in the manner prescribed by section
49.81 .
Sec. 15. Section 49.79, subsection 2, Code 2011, is amended
by adding the following new paragraph:
NEW PARAGRAPH . h. The challenged person was unable or
refused to provide proof of identification, or provided
insufficient proof of identification, pursuant to section
49.77, subsection 3.
Sec. 16. Section 49.81, subsection 1, Code 2011, is amended
to read as follows:
1. A prospective voter who is prohibited under section
48A.8, subsection 4 , section 49.77, subsection 3 or 4 , section
49.80 , or section 53.19, subsection 3 , from voting except under
this section shall be notified by the appropriate precinct
election official that the voter may cast a provisional
ballot. The voter shall mark the ballot and immediately
seal it in an envelope of the type prescribed by subsection
4 . The voter shall deliver the sealed envelope to a precinct
election official who shall deposit it in an envelope marked
“provisional ballots”. The ballot shall be considered as
having been cast in the special precinct established by section
53.20 for purposes of the postelection canvass.
Sec. 17. Section 49.81, subsection 2, paragraph b, Code
2011, is amended to read as follows:
b. If the person is casting a provisional ballot because the
person failed was unable or refused to provide a required form
proof of identification under section 49.77, subsection 3 , a
list of the types of acceptable identification and notification
that the person must show identification or execute an
affidavit pursuant to subsection 5 before the ballot can be
counted.
Sec. 18. Section 49.81, Code 2011, is amended by adding the
following new subsection:
NEW SUBSECTION . 5. a. If a voter casts a provisional
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ballot pursuant to section 49.77, subsection 3, the precinct
election official shall indicate on the provisional ballot
envelope that the voter was challenged for the voter’s
inability or refusal to provide proof of identification.
b. No later than the Monday following the election, a voter
challenged pursuant to section 49.77, subsection 3, paragraph
“c” , shall appear before the absentee ballot and special voters
precinct election board and execute an affidavit in the form
prescribed by the state commissioner, affirming that the voter
is the same individual who personally appeared before the
precinct election board and cast the provisional ballot on
election day and further affirming either of the following:
(1) The voter is indigent and unable to obtain proof of
identification without the payment of a fee.
(2) The voter has a religious objection to being
photographed.
c. If the board determines that the voter has been
challenged solely for the inability or refusal of the voter to
provide proof of identification, the board shall find that the
provisional ballot is valid and direct that it be counted.
Sec. 19. Section 53.38, Code 2011, is amended to read as
follows:
53.38 What constitutes registration.
Whenever a ballot is requested pursuant to section 53.39 or
53.45 on behalf of a voter in the armed forces of the United
States, the affidavit upon the affidavit envelope of such
voter, if the voter is found to be an eligible elector of the
county to which the ballot is submitted, shall constitute
a sufficient registration under chapter 48A . A completed
federal postcard registration and federal absentee ballot
request form submitted by such eligible elector shall also
constitute a sufficient registration under chapter 48A . The
commissioner shall place the voter’s name on the registration
record as a registered voter if it does not already appear
there. The identification requirements of section 48A.8 and
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the verification requirements of section 48A.25A do not apply
to persons who register to vote under this division .
EXPLANATION
This bill requires that all voters show proof of
identification, as defined in the bill, before being allowed to
vote at the polls.
The bill allows a voter to cast a provisional ballot in
certain circumstances where the voter is unable to provide or
refuses to provide the required proof of identification. If
a voter casts a provisional ballot for this reason, the voter
has until the Monday following the election to appear before
the absentee ballot and special voters precinct election board
to execute an affidavit.
The bill amends Code section 48A.7A, relating to election
day and in-person absentee voter registration, to require that
the forms of identification necessary to register in this
manner are the same forms of proof of identification necessary
to vote. The Code section is also amended to strike the
provision allowing another registered voter to sign an oath
affirming a registrant’s identity and residency.
The bill makes corresponding amendments regarding
identification requirements for certain persons who register to
vote by mail and for registered voters who do not respond to a
confirmation card sent by the county commissioner of elections.
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