Bill Text: IA SF56 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act providing for the registration of eligible electors upon review of electronic records received from state agencies and including effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-25 - Subcommittee reassigned: R. Smith, Cournoyer, and Giddens. S.J. 727. [SF56 Detail]
Download: Iowa-2019-SF56-Introduced.html
Senate
File
56
-
Introduced
SENATE
FILE
56
BY
JOCHUM
A
BILL
FOR
An
Act
providing
for
the
registration
of
eligible
electors
upon
1
review
of
electronic
records
received
from
state
agencies
2
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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S.F.
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Section
1.
Section
48A.7,
Code
2019,
is
amended
to
read
as
1
follows:
2
48A.7
Registration
in
person.
3
An
eligible
elector
may
register
to
vote
by
appearing
4
personally
and
completing
a
voter
registration
form
at
the
5
office
of
the
commissioner
in
the
county
in
which
the
person
6
resides,
at
a
motor
vehicle
driver’s
license
station,
including
7
any
county
treasurer’s
office
that
is
participating
in
county
8
issuance
of
driver’s
licenses
under
chapter
321M
,
or
at
any
9
voter
registration
agency.
A
For
paper
registration
forms,
10
a
separate
voter
registration
form
shall
be
signed
by
each
11
individual
registrant.
12
Sec.
2.
Section
48A.8,
subsection
1,
Code
2019,
is
amended
13
to
read
as
follows:
14
1.
An
eligible
elector
may
request
that
a
voter
registration
15
form
be
mailed
to
the
elector.
The
completed
form
may
be
16
mailed
or
delivered
by
the
registrant
or
the
registrant’s
17
designee
to
the
commissioner
in
the
county
where
the
person
18
resides
or
to
the
state
commissioner
of
elections
for
a
19
program
participant,
as
provided
in
section
9E.6
.
A
For
paper
20
registration
forms,
a
separate
voter
registration
form
shall
be
21
signed
by
each
individual
registrant.
22
Sec.
3.
Section
48A.18,
subsections
1
and
3,
Code
2019,
are
23
amended
to
read
as
follows:
24
1.
Each
state
motor
vehicle
driver’s
license
application,
25
including
any
renewal
application
or
application
for
a
26
nonoperator’s
identification
card,
submitted
to
the
office
27
of
driver
services
of
the
state
department
of
transportation
28
shall
serve
as
an
application
for
voter
registration
unless
29
the
commissioner
of
registration
determines
that
the
applicant
30
is
not
an
eligible
elector
or
the
applicant
declines
to
31
register
to
vote
after
receiving
notification
under
subsection
32
4A
.
A
completed
application
or
paper
voter
registration
33
form
submitted
to
the
office
of
driver
services
of
the
state
34
department
of
transportation
shall
be
considered
to
update
any
35
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previous
voter
registration
by
the
registrant.
1
3.
Information
relating
to
the
refusal
decision
of
an
2
applicant
for
a
driver’s
license
to
apply
decline
to
register
3
to
vote
shall
not
be
used
for
any
purpose
other
than
voter
4
registration.
5
Sec.
4.
Section
48A.18,
subsection
4,
Code
2019,
is
amended
6
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
7
following:
8
4.
a.
The
state
voter
registration
commission
shall
9
establish
schedules
by
which
the
department
of
transportation
10
shall
transmit
to
the
state
registrar
of
voters
electronic
11
records
containing
the
legal
name,
age,
residence,
and
12
citizenship
information
for,
and
the
electronic
signature
of,
13
each
person
submitting
an
application
under
this
section.
14
b.
The
state
voter
registration
commission
shall
establish
15
schedules
by
which
the
state
registrar
of
voters
shall
make
16
accessible
or
transmit
electronic
records
and
electronic
17
signatures
received
under
paragraph
“a”
to
the
appropriate
18
commissioner
of
registration.
19
c.
The
state
voter
registration
commission
shall
establish
20
schedules
by
which
the
department
of
transportation
shall
21
transmit
any
completed
paper
registration
forms
to
the
22
appropriate
commissioner
of
registration.
23
d.
The
state
commissioner
of
elections
shall
adopt
rules,
24
consistent
with
section
9E.6,
for
the
registration
of
address
25
confidentiality
program
participants.
26
e.
The
state
voter
registration
commission
shall
adopt
27
rules
pursuant
to
chapter
17A
to
administer
and
interpret
this
28
section,
including
rules
to
establish
electronic
and
paper
29
forms
and
all
procedures
used
by
the
office
of
driver
services
30
for
voter
registration
purposes,
rules
to
establish
schedules
31
for
transmission
of
electronic
records,
electronic
signatures,
32
and
completed
paper
voter
registration
forms,
and
rules
and
33
forms
to
decline
being
registered
to
vote.
34
Sec.
5.
Section
48A.18,
Code
2019,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
4A.
a.
(1)
Upon
receiving
the
electronic
2
record
for,
and
electronic
signature
of,
a
person
under
3
subsection
4,
the
state
registrar
of
voters
shall
transmit
or
4
otherwise
make
accessible
the
electronic
record
and
electronic
5
signature
of
the
person
to
the
commissioner
of
registration
6
of
the
county
where
the
person
resides.
Upon
reviewing
the
7
electronic
record
received
from
the
state
registrar
of
voters,
8
along
with
any
other
relevant
information,
the
commissioner
of
9
registration
shall
determine
if
a
person
is
an
eligible
elector
10
of
the
county.
If
the
commissioner
determines
that
a
person
is
11
an
eligible
elector
of
the
county
and
is
not
registered
to
vote
12
in
that
county,
the
commissioner
shall
notify
the
person
of
the
13
separate
processes
to
decline
being
registered
to
vote
or
to
14
declare
a
political
party
affiliation.
15
(2)
If
the
person
is
registered
to
vote
in
the
county,
the
16
commissioner
shall
use
the
electronic
record
and
information
to
17
update
the
person’s
voter
registration
if
appropriate.
18
b.
If
a
person
notified
under
paragraph
“a”
does
not
decline
19
to
be
registered
to
vote
within
twenty-one
calendar
days
after
20
the
commissioner
of
registration
issues
the
notification,
the
21
person’s
electronic
record
and
electronic
signature
shall
22
constitute
a
completed
voter
registration
form
under
section
23
48A.11,
and
the
commissioner
of
registration
shall
register
the
24
person
to
vote
in
that
county.
The
commissioner
shall
send
an
25
acknowledgment
pursuant
to
section
48A.26.
26
c.
A
commissioner
of
registration
shall
not
add
a
person
27
subject
to
registration
under
this
subsection
to
a
voter
28
registration
list
until
at
least
twenty-one
calendar
days
29
after
the
commissioner
has
issued
notification
to
the
person
30
as
described
in
paragraph
“a”
.
31
d.
The
electronic
record
and
electronic
signature,
received
32
under
this
subsection,
of
a
person
who
does
not
qualify
33
as
an
eligible
elector
shall
not
constitute
a
completed
34
voter
registration
form
under
section
48A.11
and
such
a
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person’s
application
for
a
driver’s
license
or
nonoperator’s
1
identification
card
shall
not
be
considered
to
be
a
voter
2
registration
application
for
purposes
of
section
39A.2,
3
subsection
1,
paragraph
“a”
.
4
Sec.
6.
Section
48A.19,
subsection
1,
Code
2019,
is
amended
5
by
adding
the
following
new
paragraph:
6
NEW
PARAGRAPH
.
d.
The
department
of
education,
the
board
7
of
regents
and
each
institution
administered
by
the
board
8
of
regents,
and
all
state
offices
that
collect
personal
9
information
sufficient
to
complete
a
voter
registration
10
application,
as
determined
by
the
state
commissioner.
11
Sec.
7.
Section
48A.19,
subsection
4,
paragraph
a,
12
unnumbered
paragraph
1,
Code
2019,
is
amended
to
read
as
13
follows:
14
The
A
voter
registration
agency
that
does
not
collect
15
personal
information
sufficient
to
complete
a
voter
16
registration
application
shall
provide
a
form
to
applicants
17
that
includes
all
of
the
following:
18
Sec.
8.
Section
48A.21,
Code
2019,
is
amended
to
read
as
19
follows:
20
48A.21
Transmission
of
forms
from
agencies
and
driver’s
21
license
stations
.
22
1.
The
state
registrar
of
voters
shall
adopt
administrative
23
rules
regulating
the
transmission
of
completed
voter
24
registration
forms
from
voter
registration
agencies
and
from
25
driver’s
license
stations,
including
county
treasurer’s
offices
26
participating
in
county
issuance
of
driver’s
licenses
under
27
chapter
321M
.
All
completed
voter
registration
applications
28
in
the
possession
of
a
voter
registration
agency
,
a
driver’s
29
license
station,
or
a
county
treasurer’s
office
that
is
30
participating
in
county
issuance
of
driver’s
licenses
at
5:00
31
p.m.
on
the
last
workday
of
each
week
shall
be
transmitted
32
to
the
location
designated
by
the
state
registrar
of
voters
33
by
rule.
Procedures
or
requirements
for
more
frequent
34
transmissions
may
be
specified
by
rule.
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2.
a.
The
state
voter
registration
commission
shall
1
establish
schedules
by
which
the
voter
registration
agencies
2
pursuant
to
section
48A.19
that
collect
personal
information
3
sufficient
to
complete
a
voter
registration
application
shall
4
transmit
to
the
state
registrar
of
voters
electronic
records
5
containing
the
legal
name,
age,
residence,
and
citizenship
6
information
for,
and
the
electronic
signature
of,
each
person
7
providing
personal
information
as
described
in
this
section.
8
b.
The
state
voter
registration
commission
shall
establish
9
schedules
by
which
the
state
registrar
of
voters
shall
make
10
accessible
or
transmit
electronic
records
and
electronic
11
signatures
received
under
paragraph
“a”
to
the
appropriate
12
commissioner
of
registration.
13
c.
The
state
voter
registration
commission
shall
establish
14
schedules
by
which
voter
registration
agencies
shall
transmit
15
any
completed
paper
registration
forms
to
the
appropriate
16
commissioner
of
registration.
17
d.
The
state
commissioner
of
elections
shall
adopt
rules,
18
consistent
with
section
9E.6,
for
the
registration
of
address
19
confidentiality
program
participants.
20
e.
The
state
voter
registration
commission
shall
adopt
21
rules
pursuant
to
chapter
17A
to
administer
and
interpret
this
22
section,
including
rules
to
establish
electronic
and
paper
23
forms
and
all
procedures
used
by
voter
registration
agencies
24
for
voter
registration
purposes,
rules
to
establish
schedules
25
for
transmission
of
electronic
records,
electronic
signatures,
26
and
completed
paper
voter
registration
forms,
and
rules
and
27
forms
to
decline
being
registered
to
vote.
28
3.
a.
(1)
Upon
receiving
the
electronic
record
for,
and
29
electronic
signature
of,
a
person
under
subsection
2,
the
state
30
registrar
of
voters
shall
transmit
or
otherwise
make
accessible
31
the
electronic
record
and
electronic
signature
of
the
person
to
32
the
commissioner
of
registration
of
the
county
where
the
person
33
resides.
Upon
reviewing
the
electronic
record
received
from
34
the
state
registrar
of
voters,
along
with
any
other
relevant
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information,
the
commissioner
of
registration
shall
determine
1
if
a
person
is
an
eligible
elector
of
the
county.
If
the
2
commissioner
determines
that
a
person
is
an
eligible
elector
3
of
the
county
and
is
not
registered
to
vote
in
that
county,
the
4
commissioner
shall
notify
the
person
of
the
separate
processes
5
to
decline
being
registered
to
vote
or
to
declare
a
political
6
party
affiliation.
7
(2)
If
the
person
is
registered
to
vote
in
the
county,
the
8
commissioner
shall
use
the
electronic
record
and
information
to
9
update
the
person’s
voter
registration
if
appropriate.
10
b.
If
a
person
notified
under
paragraph
“a”
does
not
decline
11
to
be
registered
to
vote
within
twenty-one
calendar
days
after
12
the
commissioner
of
registration
issues
the
notification,
the
13
person’s
electronic
record
and
electronic
signature
shall
14
constitute
a
completed
voter
registration
form
under
section
15
48A.11,
and
the
commissioner
of
registration
shall
register
the
16
person
to
vote
in
that
county.
The
commissioner
shall
send
an
17
acknowledgment
pursuant
to
section
48A.26.
18
c.
A
commissioner
of
registration
shall
not
add
a
person
19
subject
to
registration
under
this
subsection
to
a
voter
20
registration
list
until
at
least
twenty-one
calendar
days
21
after
the
commissioner
has
issued
notification
to
the
person
22
as
described
in
paragraph
“a”
.
23
d.
The
electronic
record
and
electronic
signature,
received
24
under
this
subsection,
of
a
person
who
does
not
qualify
as
25
an
eligible
elector
shall
not
constitute
a
completed
voter
26
registration
form
under
section
48A.11
and
such
a
person
shall
27
not
be
considered
to
have
submitted
a
voter
registration
28
application
for
purposes
of
section
39A.2,
subsection
1,
29
paragraph
“a”
.
30
Sec.
9.
Section
48A.26,
subsection
1,
paragraph
b,
Code
31
2019,
is
amended
to
read
as
follows:
32
b.
(1)
For
a
voter
registration
form
or
change
of
33
information
in
a
voter
registration
record
submitted
at
a
34
precinct
caucus,
the
commissioner
shall
send
an
acknowledgment
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within
forty-five
days
of
receipt
of
the
form
or
change
of
1
information.
2
(2)
For
a
voter
registration
application
or
change
of
3
information
in
a
voter
registration
record
completed
pursuant
4
to
section
48A.18
or
48A.19,
the
commissioner
shall
send
an
5
acknowledgment
within
seven
working
days
of
the
person
being
6
registered
under
either
section.
7
Sec.
10.
Section
48A.26,
subsection
8,
Code
2019,
is
amended
8
to
read
as
follows:
9
8.
An
A
completed
voter
registration
application,
10
improperly
transmitted
under
section
48A.18,
subsection
11
4A,
or
under
section
48A.21,
subsection
2,
or
an
improperly
12
addressed
or
delivered
registration
form
shall
be
transmitted
13
or
forwarded
to
the
appropriate
county
commissioner
of
14
registration
within
two
working
days
after
it
is
received
by
15
any
other
official.
The
date
of
registration
shall
be
the
date
16
the
completed
application
or
registration
form
was
received
by
17
the
first
official.
If
the
registration
form
was
postmarked
18
fifteen
or
more
days
before
an
election
and
the
registration
19
form
was
received
by
the
first
official
after
the
close
of
20
registration,
the
registration
form
shall
be
considered
on
time
21
for
the
election.
22
Sec.
11.
Section
48A.36,
subsection
1,
Code
2019,
is
amended
23
to
read
as
follows:
24
1.
Voter
registration
agencies
and
the
office
of
driver
25
services
of
the
state
department
of
transportation
may
26
electronically
transmit
registration
data
to
the
state
27
registrar
of
voters,
who
shall
distribute
the
information,
28
electronically
or
otherwise,
to
the
appropriate
commissioner
29
in
accordance
with
rules
of
the
state
voter
registration
30
commission
and
the
state
registrar
of
voters.
The
office
of
31
driver
services
of
the
state
department
of
transportation
and
32
voter
registration
agencies
that
collect
personal
information
33
sufficient
to
complete
a
voter
registration
application
34
shall
electronically
transmit
registration
data
to
the
state
35
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registrar
of
voters
as
required
pursuant
to
sections
48A.18
1
and
48A.21.
The
state
agency
originating
the
registration
2
data
shall
permanently
retain
an
electronic
copy
of
the
3
form
completed
by
the
registrant,
including
the
registrant’s
4
signature,
and
shall
develop
procedures
for
the
retrieval
and
5
printing
of
that
electronic
document.
A
printed
copy
of
an
6
electronic
registration
document
shall
be
made
only
upon
the
7
agency’s
receipt
of
a
court
order.
8
Sec.
12.
Section
331.557A,
subsection
5,
Code
2019,
is
9
amended
to
read
as
follows:
10
5.
Participate
in
voter
registration
according
to
the
11
terms
of
chapter
48A
,
and
submit
completed
voter
registration
12
forms
to
the
state
registrar
of
voters
appropriate
county
13
commissioner
of
registration
.
14
Sec.
13.
EMERGENCY
RULES.
The
state
voter
registration
15
commission,
in
cooperation
with
the
department
of
16
transportation
and
voter
registration
agencies,
may
adopt
17
emergency
rules
under
section
17A.4,
subsection
3,
and
section
18
17A.5,
subsection
2,
paragraph
“b”,
to
implement
the
provisions
19
of
this
Act
and
the
rules
shall
be
effective
immediately
upon
20
filing
unless
a
later
date
is
specified
in
the
rules.
Any
21
rules
adopted
in
accordance
with
this
section
shall
also
be
22
published
as
a
notice
of
intended
action
as
provided
in
section
23
17A.4.
24
Sec.
14.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
25
3,
shall
not
apply
to
this
Act.
26
Sec.
15.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
27
of
immediate
importance,
takes
effect
upon
enactment.
28
EXPLANATION
29
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
30
the
explanation’s
substance
by
the
members
of
the
general
assembly.
31
This
bill
provides
for
the
registration
of
eligible
electors
32
upon
review
of
electronic
records
received
from
state
agencies.
33
The
bill
allows
for
registration
of
eligible
electors
34
to
vote
following
review
of
electronic
records
received
35
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from
driver’s
license
and
nonoperator’s
identification
card
1
applications
by
county
commissioners
of
registration
(county
2
auditors).
3
The
bill
requires
that
the
office
of
driver
services
of
the
4
department
of
transportation
transmit
to
the
state
registrar
of
5
voters
(the
secretary
of
state)
electronic
records
containing
6
the
legal
name,
age,
residence,
and
citizenship
information
7
for,
and
the
electronic
signature
of,
each
person
submitting
8
an
application
for
a
driver’s
license
or
nonoperator’s
9
identification
card,
or
any
renewal
application.
Current
Code
10
section
321.182
requires
that
an
application
for
a
license
11
or
card
include
an
applicant’s
full
name,
signature,
current
12
mailing
address,
current
residential
address,
date
of
birth,
13
social
security
number,
and
other
information.
Under
current
14
administrative
rules
of
the
state
department
of
transportation,
15
an
applicant
for
a
license
or
card
is
required
to
provide
proof
16
of
lawful
status
in
the
United
States.
Also
under
current
17
administrative
rules,
a
person’s
signature
for
a
driver’s
18
license
or
nonoperator’s
identification
card
application
is
19
required
to
be
captured
electronically.
Under
current
law,
20
a
county
treasurer’s
office
participating
in
county
issuance
21
of
driver’s
licenses
is
required
to
participate
in
voter
22
registration
to
the
same
extent
as
a
license
facility
of
the
23
state
department
of
transportation.
24
The
bill
requires
the
state
registrar
of
voters
to
transmit
25
the
electronic
records
and
electronic
signatures
to
the
county
26
commissioner
of
registration
of
the
county
where
the
person
27
resides.
The
bill
requires
that
the
county
commissioner
review
28
the
electronic
record
and
any
other
relevant
information
to
29
determine
if
a
person
is
an
eligible
elector.
If
the
county
30
commissioner
determines
a
person
to
be
an
eligible
elector
31
and
the
person
is
not
registered
to
vote
in
the
county,
the
32
county
commissioner
is
required
to
notify
the
person
of
the
33
separate
processes
to
decline
to
register
to
vote
or
to
declare
34
a
political
party
affiliation.
If
a
notified
person
fails
to
35
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decline
voter
registration
within
21
days
after
the
county
1
commissioner
issued
the
notification,
the
bill
provides
that
2
the
electronic
record
and
electronic
signature
shall
constitute
3
a
completed
voter
registration
form
for
that
person
and
the
4
bill
requires
the
county
commissioner
to
register
the
person
to
5
vote
in
that
county
and
send
the
person
an
acknowledgment
as
6
required
by
current
law.
7
The
bill
prohibits
a
county
commissioner
from
adding
a
8
person’s
name
to
a
voter
registration
list
until
at
least
21
9
days
after
the
commissioner
has
issued
notification
to
the
10
person.
The
bill
requires
that
a
county
commissioner
send
an
11
acknowledgment
of
registration
within
seven
business
days
of
12
registering
a
person
under
the
bill.
The
bill
also
provides
13
that
the
electronic
record
and
electronic
signature
of
a
person
14
who
does
not
qualify
as
an
eligible
elector
does
not
constitute
15
a
completed
voter
registration
form.
Under
the
bill,
such
a
16
person
submitting
an
application
for
a
license
or
card
will
not
17
be
subject
to
charges
for
voter
registration
fraud
under
Code
18
section
39A.2
for
submitting
such
an
application.
19
The
bill
also
grants
the
state
voter
registration
commission
20
the
authority
to
adopt
rules
to
administer
and
interpret
the
21
provisions
of
the
bill
relating
to
voter
registration
at
motor
22
vehicle
driver’s
license
stations.
If
interpretive
rulemaking
23
authority
is
clearly
vested
in
the
discretion
of
an
agency
by
24
statute,
the
applicable
judicial
standard
of
review
is
whether
25
the
rules
constitute
an
irrational,
illogical,
or
wholly
26
unjustifiable
interpretation
of
law
by
the
agency
(Code
section
27
17A.19(10)(
l
)).
If
interpretive
rulemaking
authority
is
not
28
clearly
vested
in
the
discretion
of
an
agency,
the
applicable
29
judicial
standard
of
review
is
whether
the
rules
constitute
an
30
erroneous
interpretation
of
law
(Code
section
17A.19(10)(c)).
31
The
bill
makes
changes
to
current
law
related
to
address
32
confidentiality
program
participants
under
Code
chapter
33
9E
by
requiring
the
state
registrar
to
adopt
rules
for
34
administration
of
registration
for
those
participants.
The
35
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bill
maintains
current
law
to
allow
for
submission
of
a
paper
1
voter
registration
form
through
driver’s
license
offices.
The
2
bill
specifies
that
a
requirement
that
separate
registration
3
forms
be
signed
by
each
individual
registrant
only
applies
to
4
paper
registration
forms.
Under
the
bill,
driver’s
license
5
offices
are
required
to
transmit
voter
registration
forms
6
to
the
appropriate
county
commissioner
and
to
transmit
all
7
electronic
records
and
electronic
signatures
to
the
state
8
registrar
of
voters.
9
Under
current
law,
the
state
registrar
of
voters
is
10
required
to
establish
rules
regulating
transmission
of
voter
11
registration
forms
from
driver’s
license
stations
and
voter
12
registration
agencies.
Under
the
bill,
such
rules
are
required
13
to
be
established
by
the
state
commission.
14
The
bill
also
allows
for
automatic
voter
registration
15
to
be
completed
based
upon
information
received
from
voter
16
registration
agencies,
including,
under
the
bill,
the
17
department
of
education,
the
board
of
regents
and
each
18
institution
governed
by
the
board
of
regents,
and
other
19
state
offices
that
collect
personal
information
sufficient
to
20
complete
a
voter
registration
application.
21
The
bill
provides
that
the
state
voter
registration
22
commission,
in
cooperation
with
the
department
of
23
transportation
and
voter
registration
agencies,
may
adopt
24
emergency
rules
to
implement
the
provisions
of
the
bill.
25
The
bill
may
include
a
state
mandate
as
defined
in
Code
26
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
27
subsection
3,
which
would
relieve
a
political
subdivision
from
28
complying
with
a
state
mandate
if
funding
for
the
cost
of
29
the
state
mandate
is
not
provided
or
specified.
Therefore,
30
political
subdivisions
are
required
to
comply
with
any
state
31
mandate
included
in
the
bill.
32
The
bill
takes
effect
upon
enactment.
33
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