Bill Text: IA SF127 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for the restoration of the right to register to vote and to vote and hold elective office for certain persons and including effective date and retroactive applicability provisions. (See SF 2203.)
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2014-01-29 - Subcommittee reassigned, Dearden, Feenstra, and Sodders. S.J. 152. [SF127 Detail]
Download: Iowa-2013-SF127-Introduced.html
Senate
File
127
-
Introduced
SENATE
FILE
127
BY
DEARDEN
A
BILL
FOR
An
Act
providing
for
the
restoration
of
the
right
to
register
1
to
vote
and
to
vote
and
hold
elective
office
for
certain
2
persons
and
including
effective
date
and
retroactive
3
applicability
provisions.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
Section
39A.1,
subsection
2,
Code
2013,
is
1
amended
to
read
as
follows:
2
2.
The
purpose
of
this
chapter
is
to
identify
actions
which
3
threaten
the
integrity
of
the
election
process
and
to
impose
4
significant
sanctions
upon
persons
who
intentionally
commit
5
those
acts.
It
is
the
intent
of
the
general
assembly
that
6
offenses
with
the
greatest
potential
to
affect
the
election
7
process
be
vigorously
prosecuted
and
strong
punishment
meted
8
out
through
the
imposition
of
felony
sanctions
which,
as
a
9
consequence,
remove
the
voting
rights
of
the
offenders
until
10
such
rights
are
restored
by
the
governor,
by
the
president
of
11
the
United
States,
or
by
operation
of
law
.
Other
offenses
are
12
still
considered
serious,
but
based
on
the
factual
context
in
13
which
they
arise,
they
may
not
rise
to
the
level
of
offenses
14
to
which
felony
penalties
attach.
The
general
assembly
15
also
recognizes
that
instances
may
arise
in
which
technical
16
infractions
of
chapters
39
through
53
may
occur
which
do
not
17
merit
any
level
of
criminal
sanction.
In
such
instances,
18
administrative
notice
from
the
state
or
county
commissioner
19
of
elections
is
sufficient.
Mandates
or
proscriptions
in
20
chapters
39
through
53
which
are
not
specifically
included
in
21
this
chapter
shall
be
considered
to
be
directive
only,
without
22
criminal
sanction.
23
Sec.
2.
Section
43.18,
subsection
9,
Code
2013,
is
amended
24
to
read
as
follows:
25
9.
A
statement
that
the
candidate
is
aware
that
the
26
candidate
is
disqualified
from
holding
office
if
the
candidate
27
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
28
candidate’s
rights
have
not
been
restored
by
the
governor
,
or
29
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
30
Sec.
3.
Section
43.67,
subsection
2,
paragraph
i,
Code
2013,
31
is
amended
to
read
as
follows:
32
i.
A
statement
that
the
candidate
is
aware
that
the
33
candidate
is
disqualified
from
holding
office
if
the
candidate
34
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
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candidate’s
rights
have
not
been
restored
by
the
governor
,
or
1
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
2
Sec.
4.
Section
44.3,
subsection
2,
paragraph
i,
Code
2013,
3
is
amended
to
read
as
follows:
4
i.
A
statement
that
the
candidate
is
aware
that
the
5
candidate
is
disqualified
from
holding
office
if
the
candidate
6
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
7
candidate’s
rights
have
not
been
restored
by
the
governor
,
or
8
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
9
Sec.
5.
Section
45.3,
subsection
9,
Code
2013,
is
amended
10
to
read
as
follows:
11
9.
A
statement
that
the
candidate
is
aware
that
the
12
candidate
is
disqualified
from
holding
office
if
the
candidate
13
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
14
candidate’s
rights
have
not
been
restored
by
the
governor
,
or
15
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
16
Sec.
6.
Section
48A.6,
subsection
1,
Code
2013,
is
amended
17
to
read
as
follows:
18
1.
A
person
who
has
been
convicted
of
a
felony
as
defined
19
in
section
701.7
,
or
convicted
of
an
offense
classified
as
a
20
felony
under
federal
law.
If
the
person’s
rights
are
later
21
restored
by
the
governor,
or
by
the
president
of
the
United
22
States,
pursuant
to
section
914.8,
or
by
a
pardon
issued
by
the
23
governor
or
the
president
of
the
United
States,
the
person
may
24
register
to
vote.
25
Sec.
7.
Section
57.1,
subsection
2,
paragraph
c,
Code
2013,
26
is
amended
to
read
as
follows:
27
c.
That
prior
to
the
election
the
incumbent
had
been
duly
28
convicted
of
a
felony,
as
defined
in
section
701.7
,
and
that
29
the
judgment
had
not
been
reversed,
annulled,
or
set
aside,
nor
30
the
incumbent
pardoned
by
the
governor
or
the
president
of
the
31
United
States
or
restored
to
the
rights
of
citizenship
by
the
32
governor
under
chapter
914
pursuant
to
section
914.8
,
at
the
33
time
of
the
election.
34
Sec.
8.
Section
99B.1,
subsection
13,
paragraph
a,
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subparagraph
(3),
Code
2013,
is
amended
to
read
as
follows:
1
(3)
The
applicant
has
not
been
convicted
of
a
felony.
2
However,
if
the
applicant’s
conviction
occurred
more
than
five
3
years
before
the
date
of
the
application
for
a
license,
and
4
if
the
applicant’s
rights
of
citizenship
have
been
restored
5
by
the
governor
pursuant
to
sections
914.1
through
914.6
,
the
6
director
of
the
department
may
determine
that
the
applicant
is
7
an
eligible
applicant.
8
Sec.
9.
Section
123.3,
subsection
34,
paragraph
d,
Code
9
2013,
is
amended
to
read
as
follows:
10
d.
The
person
has
not
been
convicted
of
a
felony.
However,
11
if
the
person’s
conviction
of
a
felony
occurred
more
than
five
12
years
before
the
date
of
the
application
for
a
license
or
13
permit,
and
if
the
person’s
rights
of
citizenship
have
been
14
restored
by
the
governor
pursuant
to
sections
914.1
through
15
914.6
,
the
administrator
may
determine
that
the
person
is
of
16
good
moral
character
notwithstanding
such
conviction.
17
Sec.
10.
Section
161A.5,
subsection
3,
paragraph
b,
Code
18
2013,
is
amended
to
read
as
follows:
19
b.
Every
candidate
shall
file
with
the
nomination
papers
20
an
affidavit
stating
the
candidate’s
name,
the
candidate’s
21
residence,
that
the
person
is
a
candidate
and
is
eligible
for
22
the
office
of
commissioner,
and
that
if
elected
the
candidate
23
will
qualify
for
the
office.
The
affidavit
shall
also
state
24
that
the
candidate
is
aware
that
the
candidate
is
disqualified
25
from
holding
office
if
the
candidate
has
been
convicted
of
a
26
felony
or
other
infamous
crime
and
the
candidate’s
rights
have
27
not
been
restored
by
the
governor
,
or
by
the
president
of
the
28
United
States
,
or
by
operation
of
law
.
29
Sec.
11.
Section
277.4,
subsection
2,
paragraph
b,
Code
30
2013,
is
amended
to
read
as
follows:
31
b.
Signers
of
nomination
petitions
shall
include
their
32
addresses
and
the
date
of
signing,
and
must
reside
in
the
same
33
director
district
as
the
candidate
if
directors
are
elected
34
by
the
voters
of
a
director
district,
rather
than
at-large.
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A
person
may
sign
nomination
petitions
for
more
than
one
1
candidate
for
the
same
office,
and
the
signature
is
not
invalid
2
solely
because
the
person
signed
nomination
petitions
for
3
one
or
more
other
candidates
for
the
office.
The
petition
4
shall
be
filed
with
the
affidavit
of
the
candidate
being
5
nominated,
stating
the
candidate’s
name,
place
of
residence,
6
that
such
person
is
a
candidate
and
is
eligible
for
the
office
7
the
candidate
seeks,
and
that
if
elected
the
candidate
will
8
qualify
for
the
office.
The
affidavit
shall
also
state
that
9
the
candidate
is
aware
that
the
candidate
is
disqualified
10
from
holding
office
if
the
candidate
has
been
convicted
of
a
11
felony
or
other
infamous
crime
and
the
candidate’s
rights
have
12
not
been
restored
by
the
governor
,
or
by
the
president
of
the
13
United
States
,
or
by
operation
of
law
.
14
Sec.
12.
Section
376.4,
subsection
2,
paragraph
b,
Code
15
2013,
is
amended
to
read
as
follows:
16
b.
The
petition
must
include
the
affidavit
of
the
individual
17
for
whom
it
is
filed,
stating
the
individual’s
name,
the
18
individual’s
residence,
that
the
individual
is
a
candidate
and
19
eligible
for
the
office,
and
that
if
elected
the
individual
20
will
qualify
for
the
office.
The
affidavit
shall
also
state
21
that
the
candidate
is
aware
that
the
candidate
is
disqualified
22
from
holding
office
if
the
candidate
has
been
convicted
of
a
23
felony
or
other
infamous
crime
and
the
candidate’s
rights
have
24
not
been
restored
by
the
governor
,
or
by
the
president
of
the
25
United
States
,
or
by
operation
of
law
.
26
Sec.
13.
Section
914.2,
Code
2013,
is
amended
to
read
as
27
follows:
28
914.2
Right
of
application.
29
Except
as
otherwise
provided
in
section
902.2
or
914.8
,
a
30
person
convicted
of
a
criminal
offense
has
the
right
to
make
31
application
to
the
board
of
parole
for
recommendation
or
to
32
the
governor
for
a
reprieve,
pardon,
commutation
of
sentence,
33
remission
of
fines
or
forfeitures,
or
restoration
of
rights
of
34
citizenship
at
any
time
following
the
conviction.
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Sec.
14.
NEW
SECTION
.
914.8
Restoration
of
right
to
1
register
and
to
vote.
2
1.
A
person
convicted
of
a
felony
criminal
offense
who
has
3
been
discharged
from
probation,
parole,
or
work
release
or
who
4
is
released
from
confinement
under
section
902.6
because
the
5
person
has
completed
the
person’s
term
of
confinement
shall
6
have
the
right
to
register
to
vote
and
to
vote
restored
in
the
7
manner
provided
in
this
section.
8
2.
Upon
discharge
from
criminal
sentence,
including
9
any
accompanying
term
of
probation,
parole,
or
supervised
10
release,
the
department
of
corrections
or
judicial
district
11
department
of
correctional
services,
whichever
is
applicable,
12
shall
provide
written
notice
to
the
inmate,
parolee,
or
13
probationer
of
the
person’s
discharge
which
shall
include
a
14
voter
registration
form
and
a
statement
that
the
person’s
right
15
to
register
to
vote
and
to
vote
has
been
restored.
16
3.
The
department
of
corrections
shall
monthly
provide
a
17
list
of
all
persons
discharged
from
confinement
or
supervision
18
to
the
state
registrar
of
voters
who
shall
provide
the
19
information
to
the
county
registrars
of
voters
as
deemed
20
necessary.
21
4.
Offenders
may
still
make
application
for
a
restoration
22
of
citizenship
rights
pursuant
to
this
chapter.
All
such
23
applications,
unless
withdrawn,
shall
be
processed
as
required
24
by
this
chapter.
25
5.
This
section
shall
not
relieve
an
offender
of
any
26
unpaid
restitution,
fine,
or
other
obligation
resulting
from
27
conviction.
28
Sec.
15.
RETROACTIVE
APPLICABILITY.
This
Act
applies
29
retroactively
to
January
14,
2011.
30
Sec.
16.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
31
of
immediate
importance,
takes
effect
upon
enactment.
32
EXPLANATION
33
This
bill
enacts
new
Code
section
914.8
which
requires
that,
34
upon
discharge
from
certain
criminal
sentences,
citizenship
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rights
related
to
voting
and
qualification
for
public
office
1
must
be
restored.
2
The
bill
requires
that
the
right
to
register
to
vote
and
to
3
vote
be
restored
for
any
individual
who
has
been
discharged
4
from
criminal
sentence,
including
any
accompanying
term
of
5
probation,
parole,
or
supervised
release.
The
restoration
6
of
citizenship
rights
provided
for
under
the
bill
shall
only
7
extend
to
the
right
to
register
to
vote
and
to
vote,
and
would
8
not
include
any
other
citizenship
rights.
The
bill
does
not
9
relieve
the
individual
of
unpaid
restitution,
fines,
or
other
10
obligations
resulting
from
conviction
within
the
terms
or
11
conditions
of
a
criminal
sentence.
The
bill
does
not
limit
an
12
individual’s
ability
to
apply
to
the
governor
for
a
restoration
13
of
citizenship
rights,
as
currently
provided
for
in
Code
14
chapter
914.
15
The
bill
requires
that
the
department
of
corrections
16
notify
the
state
registrar
of
voters
upon
the
discharge
of
17
criminal
sentence
for
an
individual.
The
bill
requires
that,
18
where
applicable,
the
judicial
district
department
make
the
19
notification.
20
The
bill
takes
effect
upon
enactment
and
applies
21
retroactively
to
January
14,
2011.
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