Bill Text: IA SF387 | 2015-2016 | 86th General Assembly | Introduced

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Bill Title: A bill for an act relating to proof of identification and proof of residence in order to register to vote or to vote, establishing a criminal offense for falsely swearing certain oaths and affidavits, and including applicability provisions.

Spectrum: Partisan Bill (Republican 23-1)

Status: (Introduced - Dead) 2015-03-05 - Subcommittee, Danielson, Dvorsky, and Schultz. S.J. 457. [SF387 Detail]

Download: Iowa-2015-SF387-Introduced.html

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Senate File 387 - Introduced




                                 SENATE FILE       
                                 BY  DIX, BEHN, ZUMBACH,
                                     SINCLAIR, COSTELLO,
                                     GARRETT, BREITBACH,
                                     SCHULTZ, SEGEBART,
                                     JOHNSON, KAPUCIAN,
                                     SMITH, ROZENBOOM,
                                     GUTH, CHAPMAN,
                                     BERTRAND, SHIPLEY,
                                     KRAAYENBRINK, WHITVER,
                                     CHELGREN, SCHNEIDER,
                                     ZAUN, FEENSTRA, and
                                     ANDERSON

                                      A BILL FOR

  1 An Act relating to proof of identification and proof of
  2    residence in order to register to vote or to vote,
  3    establishing a criminal offense for falsely swearing
  4    certain oaths and affidavits, and including applicability
  5    provisions.
  6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1689XS (7) 86
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  1  1                           DIVISION I
  1  2                VOTER IDENTIFICATION REQUIREMENTS
  1  3    Section 1.  Section 39A.2, subsection 1, paragraph b, Code
  1  4 2015, is amended by adding the following new subparagraph:
  1  5    NEW SUBPARAGRAPH.  (6)  Falsely swears to an oath required
  1  6 pursuant to section 49.77, subsection 3, or an affidavit
  1  7 pursuant to section 49.81, subsection 5, paragraph "b".
  1  8    Sec. 2.  Section 48A.7A, subsection 1, paragraph a, Code
  1  9 2015, is amended to read as follows:
  1 10    a.  A person who is eligible to register to vote and to vote
  1 11 may register on election day by appearing in person at the
  1 12 polling place for the precinct in which the individual resides
  1 13 and completing a voter registration application, making written
  1 14 oath, and providing proof of identity and residence proof of
  1 15 residence pursuant to paragraph "b".
  1 16    Sec. 3.  Section 48A.7A, subsection 1, paragraph b, Code
  1 17 2015, is amended by striking the paragraph and inserting in
  1 18 lieu thereof the following:
  1 19    b.  (1)  For purposes of this section, a person may establish
  1 20 identity by showing proof of identification as required in
  1 21 section 49.77, subsection 3.
  1 22    (2)  For purposes of this section, a person may establish
  1 23 proof of residence using a proof of identification document
  1 24 described in section 49.77, subsection 3, paragraph "b", if
  1 25 the proof of identification contains the person's current
  1 26 address in the precinct. If the proof of identification does
  1 27 not contain the person's current address in the precinct, to
  1 28 establish proof of residence the person shall also present one
  1 29 of the following documents that shows the person's name and
  1 30 current address in the precinct:
  1 31    (a)  Utility bill.
  1 32    (b)  Bank statement.
  1 33    (c)  Paycheck.
  1 34    (d)  Government check.
  1 35    (e)  Other government document.
  2  1    Sec. 4.  Section 48A.7A, subsections 2 and 3, Code 2015, are
  2  2 amended to read as follows:
  2  3    2.  The oath required in subsection 1, paragraph "a", and
  2  4 in paragraph "c", if applicable, shall be executed on the
  2  5 same piece of paper and attached to the voter registration
  2  6 application.
  2  7    3.  At any time before election day, and after the deadline
  2  8 for registration in section 48A.9, a person who appears in
  2  9 person at the commissioner's office or at a satellite absentee
  2 10 voting station or whose ballot is delivered to a health care
  2 11 facility pursuant to section 53.22 may register to vote and
  2 12 vote an absentee ballot by following the procedure in this
  2 13 section for registering to vote on election day. A person who
  2 14 wishes to vote in person at the polling place on election day
  2 15 and who has not registered to vote before the deadline for
  2 16 registering in section 48A.9, is required to register to vote
  2 17 at the polling place on election day following the procedure
  2 18 in this section. However, the person may complete the voter
  2 19 registration application at the commissioner's office and,
  2 20 after the commissioner has reviewed the completed application,
  2 21 may present the application to the appropriate precinct
  2 22 election official along with proof of identity and residency
  2 23  identification and proof of residence.
  2 24    Sec. 5.  Section 49.53, subsection 1, Code 2015, is amended
  2 25 to read as follows:
  2 26    1.  The commissioner shall not less than four nor more than
  2 27 twenty days before the day of each election, except those for
  2 28 which different publication requirements are prescribed by law,
  2 29 publish notice of the election. The notice shall contain a
  2 30 facsimile of the portion of the ballot containing the first
  2 31 rotation as prescribed by section 49.31, subsection 2, and
  2 32 shall show the names of all candidates or nominees and the
  2 33 office each seeks, and all public questions, to be voted upon
  2 34 at the election. The sample ballot published as a part of the
  2 35 notice may at the discretion of the commissioner be reduced in
  3  1 size relative to the actual ballot but such reduction shall not
  3  2 cause upper case letters appearing in candidates' names or in
  3  3 summaries of public measures on the published sample ballot to
  3  4 be less than nine point type. The notice shall also state the
  3  5 date of the election, the hours the polls will be open, that
  3  6 all voters will be required to show proof of identification
  3  7 before casting a ballot, the location of each polling place at
  3  8 which voting is to occur in the election, and the names of the
  3  9 precincts voting at each polling place, but the statement need
  3 10 not set forth any fact which is apparent from the portion of
  3 11 the ballot appearing as a part of the same notice. The notice
  3 12 shall include the full text of all public measures to be voted
  3 13 upon at the election.
  3 14    Sec. 6.  Section 49.77, subsection 3, Code 2015, is amended
  3 15 by striking the subsection and inserting in lieu thereof the
  3 16 following:
  3 17    3.  a.  A precinct election official shall require the voter
  3 18 to present for inspection proof of identification before being
  3 19 allowed to vote.
  3 20    b.  For purposes of this section, "proof of identification"
  3 21 refers to a document that satisfies all of the following:
  3 22    (1)  The document shows the name of the individual to whom
  3 23 the document was issued which shall conform to the name on the
  3 24 election register.
  3 25    (2)  The document shows a photograph of the individual to
  3 26 whom it was issued.
  3 27    (3)  The document was issued by the government of the
  3 28 United States, the state of Iowa, an Iowa public or private
  3 29 university or college, an Iowa secondary school, or a political
  3 30 subdivision of the state of Iowa. In the case of a document
  3 31 issued by a political subdivision, the document shall be
  3 32 issued not later than the close of voter registration for
  3 33 the applicable election as set forth in section 48A.9 and
  3 34 shall meet all other requirements established by the state
  3 35 commissioner by rule.
  4  1    c.  In lieu of paragraph "b", a person wishing to vote may
  4  2 establish proof of identity by written oath of the person
  4  3 wishing to vote and of an attesting person who provides proof
  4  4 of identification pursuant to paragraph "b".  The oath shall be
  4  5 in the form prescribed by the state commissioner of elections
  4  6 and shall state the identity and attest to the stated identity
  4  7 of the person wishing to vote.  The oath must be signed by the
  4  8 attesting person and the person wishing to vote in the presence
  4  9 of the appropriate precinct election official.  A person who
  4 10 has signed an oath attesting to a person's identity as provided
  4 11 in this paragraph is prohibited from signing any further oaths
  4 12 as provided in this paragraph for the same election. The oath
  4 13 shall advise the person wishing to vote and the attesting
  4 14 person that falsely signing such an oath or falsely attesting
  4 15 to a voter's identity is a class "D" felony.
  4 16    d.  The commissioner shall, within forty=five days after
  4 17 each election, review all attestations received under this
  4 18 subsection and if any individual is found to have attested for
  4 19 more than one voter in a particular election, the commissioner
  4 20 shall immediately notify the state commissioner and the county
  4 21 attorney.
  4 22    Sec. 7.  Section 49.77, Code 2015, is amended by adding the
  4 23 following new subsection:
  4 24    NEW SUBSECTION.  3A.  a.  If proof of identification or proof
  4 25 of identity is established under subsection 3, the person shall
  4 26 be allowed to vote.
  4 27    b.  If a person is unable or refuses to present proof of
  4 28 identification, or the precinct election official determines
  4 29 the proof of identification presented by the person does
  4 30 not qualify as proof of identification under subsection
  4 31 3, paragraph "b", or proof of identity under subsection 3,
  4 32 paragraph "c", the person shall be offered the option to vote a
  4 33 ballot, but only in accordance with section 49.81.
  4 34    Sec. 8.  Section 49.77, subsection 4, paragraph a, Code 2015,
  4 35 is amended to read as follows:
  5  1    a.  A person whose name does not appear on the election
  5  2 register of the precinct in which that person claims the right
  5  3 to vote shall not be permitted to vote, unless the person
  5  4 affirms that the person is currently registered in the county
  5  5 and presents proof of identity, or the commissioner informs
  5  6 the precinct election officials that an error has occurred
  5  7 and that the person is a registered voter of that precinct,
  5  8 and the person presents proof of identification pursuant to
  5  9 subsection 3. If the commissioner finds no record of the
  5 10 person's registration but the person insists that the person
  5 11 is a registered voter of that precinct, the precinct election
  5 12 officials shall allow the person to cast a ballot in the manner
  5 13 prescribed by section 49.81.
  5 14    Sec. 9.  Section 49.81, subsection 1, Code 2015, is amended
  5 15 to read as follows:
  5 16    1.  A prospective voter who is prohibited under section
  5 17 48A.8, subsection 4, section 49.77, subsection 3A, paragraph
  5 18 "b", section 49.77, subsection 4, section 49.80, or section
  5 19 53.19, subsection 3, or section 53.22, subsection 1, paragraph
  5 20 "d", from voting except under this section shall be notified by
  5 21 the appropriate precinct election official that the voter may
  5 22 cast a provisional ballot. The voter shall mark the ballot and
  5 23 immediately seal it in an envelope of the type prescribed by
  5 24 subsection 4. The voter shall deliver the sealed envelope to a
  5 25 precinct election official who shall deposit it in an envelope
  5 26 marked "provisional ballots". The ballot shall be considered
  5 27 as having been cast in the special precinct established by
  5 28 section 53.20 for purposes of the postelection canvass.
  5 29    Sec. 10.  Section 49.81, subsection 2, paragraph b, Code
  5 30 2015, is amended to read as follows:
  5 31    b.  If the person is casting a provisional ballot because
  5 32 the person failed was unable or refused to provide a required
  5 33 form of identification pursuant to section 48A.8, subsection
  5 34 4, section 49.77, subsection 3A, paragraph "b", section 49.77,
  5 35 subsection 4, or section 53.22, subsection 1, paragraph "d", a
  6  1 list of the types of acceptable identification and notification
  6  2 that the person must show identification before the ballot can
  6  3 be counted.
  6  4    Sec. 11.  Section 49.81, Code 2015, is amended by adding the
  6  5 following new subsection:
  6  6    NEW SUBSECTION.  5.  a.  If a voter casts a provisional
  6  7 ballot pursuant to section 49.77, subsection 3A, paragraph
  6  8 "b", the precinct election official shall indicate on the
  6  9 provisional ballot envelope that the voter is casting a
  6 10 provisional ballot due to the voter's inability or refusal to
  6 11 present proof of identification.
  6 12    b.  At the time a provisional ballot is cast the voter may
  6 13 also execute an affidavit in the form prescribed by the state
  6 14 commissioner which shall be attached to the provisional ballot
  6 15 envelope, affirming that the voter is the person the voter
  6 16 claims to be and further affirming either of the following:
  6 17    (1)  The voter is indigent and is unable to obtain proof of
  6 18 identification without the payment of a fee.
  6 19    (2)  The voter has a religious objection to being
  6 20 photographed.
  6 21    c.  A provisional ballot cast pursuant to section 49.77,
  6 22 subsection 3A, paragraph "b", which is accompanied by an
  6 23 affidavit executed pursuant to paragraph "b" of this subsection
  6 24 shall be presumed valid by the special precinct board and
  6 25 shall be counted unless additional written statements or
  6 26 documents are delivered to the commissioner's office prior to
  6 27 the date provisional ballots are considered by the special
  6 28 precinct election board and the special precinct election board
  6 29 determines such additional evidence successfully rebuts the
  6 30 presumption of validity.
  6 31    Sec. 12.  Section 53.10, subsection 2, Code 2015, is amended
  6 32 to read as follows:
  6 33    2.  Each person who wishes to vote by absentee ballot at
  6 34 the commissioner's office shall first sign an application for
  6 35 a ballot including the following information:  name, current
  7  1 address, and the election for which the ballot is requested.
  7  2 The person may report a change of address or other information
  7  3 on the person's voter registration record at that time. The
  7  4 person must also provide proof of identification pursuant to
  7  5 section 49.77, subsection 3, or be offered the option to vote
  7  6 a provisional ballot pursuant to section 49.77, subsection
  7  7 3A, paragraph "b", before receiving an absentee ballot. Upon
  7  8 receipt of the absentee ballot, the registered voter shall
  7  9 immediately mark the ballot; enclose the ballot in a secrecy
  7 10 envelope, if necessary, and seal it in the envelope marked
  7 11 with the affidavit; subscribe to the affidavit on the reverse
  7 12 side of the envelope; and return the absentee ballot to the
  7 13 commissioner. The commissioner shall record the numbers
  7 14 appearing on the application and affidavit envelope along with
  7 15 the name of the registered voter.
  7 16    Sec. 13.  Section 53.22, subsection 1, Code 2015, is amended
  7 17 by adding the following new paragraph:
  7 18    NEW PARAGRAPH.  d.  Before receiving a ballot under
  7 19 this subsection, each applicant shall present proof of
  7 20 identification pursuant to section 49.77, subsection 3, to
  7 21 the special precinct election board members. If an applicant
  7 22 is unable to present proof of identification, the applicant
  7 23 shall have an opportunity to execute an affidavit in the form
  7 24 prescribed by the state commissioner of elections affirming
  7 25 that the voter does not have and is unable to obtain proof of
  7 26 identification and that the voter resides in a hospital or
  7 27 health care facility and is casting a ballot pursuant to this
  7 28 section. If the applicant refuses to execute an affidavit, the
  7 29 voter's ballot shall be considered a provisional ballot cast
  7 30 pursuant to section 49.81.
  7 31    Sec. 14.  Section 321.190, subsection 1, paragraph d, Code
  7 32 2015, is amended to read as follows:
  7 33    d.  The fee for a nonoperator's identification card shall
  7 34 be eight dollars and the card shall be valid for a period of
  7 35 eight years from the date of issuance. If an applicant for
  8  1 a nonoperator's identification card is a foreign national
  8  2 who is temporarily present in this state, the nonoperator's
  8  3 identification card shall be issued only for the length of time
  8  4 the foreign national is authorized to be present as determined
  8  5 by the department, not to exceed two years. An issuance fee
  8  6 shall not be charged for a person whose driver's license or
  8  7 driving privilege has been suspended under section 321.210,
  8  8 subsection 1, paragraph "a", subparagraph (3), or voluntarily
  8  9 surrendered by the person in lieu of suspension under section
  8 10 321.210, subsection 1, paragraph "a", subparagraph (3), or
  8 11 for a person obtaining an identification card to be used
  8 12 under section 49.77, subsection 3, for voting purposes.
  8 13 Identification cards obtained for voting purposes shall be
  8 14 labeled by the department as "For Voting Purposes Only".
  8 15                           DIVISION II
  8 16                      CONFORMING PROVISIONS
  8 17    Sec. 15.  Section 48A.8, subsection 2, unnumbered paragraph
  8 18 1, Code 2015, is amended to read as follows:
  8 19    An eligible elector who registers by mail and who has
  8 20 not previously voted in an election for federal office in
  8 21 the county of registration shall be required to provide
  8 22 additional identification documents when voting for the first
  8 23 time in the county, unless the registrant provided on the
  8 24 registration form the registrant's Iowa driver's license
  8 25 number, or the registrant's Iowa nonoperator's identification
  8 26 card number, or the last four numerals of the registrant's
  8 27 social security number and the driver's license, nonoperator's
  8 28 identification, or partial social security number matches
  8 29 an existing state or federal identification record with the
  8 30 same number, name, and date of birth. If the registrant
  8 31 is required to show additional identification under this
  8 32 subsection and votes in person at the polls, or by absentee
  8 33 ballot at the commissioner's office or at a satellite voting
  8 34 station, the registrant shall provide a current and valid
  8 35 photo identification card, or shall present to the appropriate
  9  1 election official one of the following current documents that
  9  2 shows the name and address of the registrant:
  9  3    Sec. 16.  Section 48A.8, subsection 4, Code 2015, is amended
  9  4 to read as follows:
  9  5    4.  A registrant under subsection 2 who is required to
  9  6 present additional identification when casting a ballot in
  9  7 person shall be permitted to vote a provisional ballot if the
  9  8 voter does not provide the required additional identification
  9  9 documents pursuant to subsection 2. If a voter who is required
  9 10 to present such additional identification when casting a ballot
  9 11 votes an absentee ballot by mail, the ballot returned by the
  9 12 voter shall be considered a provisional ballot pursuant to
  9 13 sections 49.81 and 53.31.
  9 14    Sec. 17.  Section 48A.27, subsection 4, paragraph c,
  9 15 subparagraph (2), Code 2015, is amended to read as follows:
  9 16    (2)  The notice shall contain a statement in substantially
  9 17 the following form:
  9 18 Information received from the United States postal service
  9 19 indicates that you are no longer a resident of, and therefore
  9 20 not eligible to vote in (name of county) County, Iowa. If this
  9 21 information is not correct, and you still live in (name of
  9 22 county) County, please complete and mail the attached postage
  9 23 paid card at least ten days before the primary or general
  9 24 election and at least eleven days before any other election at
  9 25 which you wish to vote. If the information is correct and you
  9 26 have moved, please contact a local official in your new area
  9 27 for assistance in registering there. If you do not mail in
  9 28 the card, you may be required to show identification before
  9 29 being allowed to vote in (name of county) County. If you do not
  9 30 return the card, and you do not vote in an election in (name
  9 31 of county) County, Iowa, on or before (date of second general
  9 32 election following the date of the notice) your name will be
  9 33 removed from the list of voters in that county.
  9 34    Sec. 18.  Section 48A.29, subsection 1, paragraph b, Code
  9 35 2015, is amended to read as follows:
 10  1    b.  The notice shall contain a statement in substantially the
 10  2 following form:
 10  3 Information received from the United States postal service
 10  4 indicates that you are no longer a resident of (residence
 10  5 address) in (name of county) County, Iowa. If this information
 10  6 is not correct, and you still live in (name of county) County,
 10  7 please complete and mail the attached postage paid card at
 10  8 least ten days before the primary or general election and at
 10  9 least eleven days before any other election at which you wish
 10 10 to vote. If the information is correct, and you have moved,
 10 11 please contact a local official in your new area for assistance
 10 12 in registering there. If you do not mail in the card, you may
 10 13 be required to show identification before being allowed to vote
 10 14 in (name of county) County. If you do not return the card, and
 10 15 you do not vote in some election in (name of county) County,
 10 16 Iowa, on or before (date of second general election following
 10 17 the date of the notice) your name will be removed from the list
 10 18 of voters in that county.
 10 19    Sec. 19.  Section 48A.29, subsection 3, paragraph b, Code
 10 20 2015, is amended to read as follows:
 10 21    b.  The notice shall contain a statement in substantially the
 10 22 following form:
 10 23 Information received by this office indicates that you are no
 10 24 longer a resident of (residence address) in (name of county)
 10 25 County, Iowa. If the information is not correct, and you still
 10 26 live at that address, please complete and mail the attached
 10 27 postage paid card at least ten days before the primary or
 10 28 general election and at least eleven days before any other
 10 29 election at which you wish to vote. If the information is
 10 30 correct, and you have moved within the county, you may update
 10 31 your registration by listing your new address on the card and
 10 32 mailing it back. If you have moved outside the county, please
 10 33 contact a local official in your new area for assistance in
 10 34 registering there. If you do not mail in the card, you may be
 10 35 required to show identification before being allowed to vote in
 11  1 (name of county) County. If you do not return the card, and you
 11  2 do not vote in some election in (name of county) County, Iowa,
 11  3 on or before (date of second general election following the
 11  4 date of the notice) your name will be removed from the list of
 11  5 registered voters in that county.
 11  6                          DIVISION III
 11  7                          APPLICABILITY
 11  8    Sec. 20.  APPLICABILITY.  This Act applies to elections held
 11  9 on or after January 1, 2017.
 11 10                           EXPLANATION
 11 11 The inclusion of this explanation does not constitute agreement with
 11 12 the explanation's substance by the members of the general assembly.
 11 13    This bill requires that a person provide certain proof of
 11 14 identification at the time that the person votes and modifies
 11 15 proof of identification and proof of residence requirements for
 11 16 election day and in=person absentee registration.
 11 17    Division I of the bill modifies the proof of identification
 11 18 and proof of residence requirements for election day and
 11 19 in=person absentee registration. The bill requires that
 11 20 acceptable proof of identification is the same proof of
 11 21 identification required of a voter who is already registered
 11 22 to vote. The bill removes residential leases and property tax
 11 23 statements from the list of acceptable documents to provide
 11 24 proof of residence for election day and in=person absentee
 11 25 registration.
 11 26    The bill maintains current law allowing a person wishing
 11 27 to register to vote on election day, or in person when voting
 11 28 an absentee ballot, to establish proof of identity and proof
 11 29 of residence by written oath of a person who is registered to
 11 30 vote in the precinct, but requires that the oath of the person
 11 31 wishing to vote and the registered voter's oath be executed on
 11 32 the same piece of paper.
 11 33    The bill requires that a voter provide proof of
 11 34 identification to a precinct election official before being
 11 35 allowed to vote, and also requires that a person wishing to
 12  1 vote by absentee ballot at a county commissioner of elections
 12  2 office or at a satellite absentee voting station present
 12  3 the same proof of identification. The bill requires that
 12  4 acceptable proof of identification show the name of the
 12  5 individual voter, include a photograph of the voter, and be
 12  6 issued by the government of the United States, the state of
 12  7 Iowa, an Iowa public or private university or college, an Iowa
 12  8 secondary school, or a political subdivision of the state.
 12  9    The bill provides that, in lieu of providing identification
 12 10 in order to vote, a person may establish proof of identity by
 12 11 written oath of the person wishing to vote and of a person who
 12 12 provides their own proof of identification and who attests
 12 13 to the voter's identity. The bill provides that the oath
 12 14 shall be in the form prescribed by the state commissioner of
 12 15 elections, and that the oath shall state the identity of the
 12 16 person wishing to vote and shall attest to the stated identity
 12 17 of the person wishing to vote. The bill requires that the oath
 12 18 be signed by both the attesting person and the person wishing
 12 19 to vote. The bill makes it a class "D" felony to falsely sign
 12 20 an oath pursuant to this provision or to falsely attest to a
 12 21 voter's identity. The bill requires that the oath advise both
 12 22 persons that falsely stating or attesting to a voter's identity
 12 23 is a class "D" felony. A class "D" felony is punishable by
 12 24 confinement for no more than five years and a fine of at least
 12 25 $750 but not more than $7,500. The bill provides that an
 12 26 attesting person is prohibited from signing any additional such
 12 27 oaths for the same election.
 12 28    The bill provides that if proof of identification is
 12 29 established the person shall then be allowed to vote. If a
 12 30 person is unable or refuses to present proof of identification,
 12 31 or if the precinct election official determines that the
 12 32 proof of identification does not meet specified requirements,
 12 33 the person shall be offered the option to vote a provisional
 12 34 ballot. If a person is casting a provisional ballot
 12 35 under these circumstances, the person shall receive a
 13  1 printed statement giving notice of the types of acceptable
 13  2 identification and notice that the person is required to show
 13  3 acceptable identification before the provisional ballot can be
 13  4 counted unless the voter executes an affidavit pursuant to Code
 13  5 section 49.81, subsection 5. If a voter casts a provisional
 13  6 ballot for these reasons, the precinct election official shall
 13  7 indicate on the provisional ballot that the voter is casting
 13  8 a provisional ballot due to the voter's inability or refusal
 13  9 to present proof of identification. The bill provides that a
 13 10 voter casting a provisional ballot for this reason may execute
 13 11 an affidavit in the form prescribed by the state commissioner
 13 12 of elections, affirming that the voter is the person the voter
 13 13 claims to be and affirming that the voter is either indigent
 13 14 and unable to obtain proof of identification without the
 13 15 payment of a fee or that the voter has a religious objection to
 13 16 being photographed.
 13 17    The bill makes it a class "D" felony to falsify an affidavit
 13 18 that attests to identity. A class "D" felony is punishable by
 13 19 confinement for no more than five years and a fine of at least
 13 20 $750 but not more than $7,500. The bill also provides that
 13 21 any provisional ballot cast accompanied by such an affidavit
 13 22 shall be presumed valid unless additional written statements
 13 23 or documents are delivered to the county commissioner of
 13 24 elections office prior to the date that provisional ballots
 13 25 are considered and the precinct election board determines that
 13 26 such additional evidence successfully rebuts the presumption
 13 27 of validity.
 13 28    The bill also makes changes to the election notice to be
 13 29 published by the county commissioner of elections to require
 13 30 that election notices include a statement that all voters will
 13 31 be required to show proof of identification before casting a
 13 32 ballot.
 13 33    The bill requires that certain persons residing in a
 13 34 hospital or health care facility who apply to vote by absentee
 13 35 ballot shall present proof of identification. If the applicant
 14  1 is unable to present proof of identification they shall be
 14  2 allowed to execute an affidavit in the form prescribed by the
 14  3 state commissioner of elections, stating that the voter does
 14  4 not have and is unable to obtain proof of identification and
 14  5 that the voter resides in a hospital or health care facility.
 14  6 If the applicant refuses to execute such an affidavit and is
 14  7 unable to present proof of identification, the voter is allowed
 14  8 to cast a provisional ballot.
 14  9    The bill also provides that a person obtaining a
 14 10 nonoperator's identification card for the purpose of voting
 14 11 shall not be charged for the issuance of the nonoperator's
 14 12 identification card. The bill requires that nonoperator's
 14 13 identification cards issued to serve as proof of identification
 14 14 for voting be labeled by the department as "For Voting Purposes
 14 15 Only".
 14 16    Division II of the bill makes conforming changes to certain
 14 17 required notices on forms related to voter registration and
 14 18 registration by mail.
 14 19    Division III of the bill provides that the bill applies to
 14 20 elections held on or after January 1, 2017.
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