Text: HF94            Text: HF96
Complete Bill History


House File 95

HOUSE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO HF 8) (As Amended and Passed by the House January 27, 2011) A BILL FOR 1 An Act establishing a requirement for voters to provide 2 certain identification when voting in person, providing for 3 properly related matters, and including effective date and 4 applicability provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: HF 95 (4) 84 sc/nh PAG LIN 1 1 Section 1. Section 43.49, subsection 1, unnumbered 1 2 paragraph 1, Code 2011, is amended to read as follows: 1 3 On the Monday or Tuesday following the primary election, the 1 4 board of supervisors shall meet, open, and canvass the returns 1 5 from each voting precinct in the county, and make abstracts 1 6 thereof, stating the following: 1 7 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 1 8 2011, is amended to read as follows: 1 9 a. A person who is eligible to register to vote and to vote 1 10 may register on election day by appearing in person at the 1 11 polling place for the precinct in which the individual resides 1 12 and completing a voter registration application, making written 1 13 oath, and providing proof of identity and residence proof of 1 14 residence pursuant to paragraph "b". 1 15 Sec. 3. Section 48A.7A, subsection 1, paragraph b, Code 1 16 2011, is amended to read as follows: 1 17 b. (1) For purposes of this section, a person may establish 1 18 identity and residence by presenting to the appropriate 1 19 precinct election official a current and valid Iowa driver's 1 20 license or Iowa nonoperator's identification card or by 1 21 presenting any of the following current and valid forms of 1 22 identification if such identification contains the person's 1 23 photograph and a validity expiration date: by showing proof of 1 24 identification as required in section 49.77, subsection 3. 1 25 (a) An out=of=state driver's license or nonoperator's 1 26 identification card. 1 27 (b) A United States passport. 1 28 (c) A United States military identification card. 1 29 (d) An identification card issued by an employer. 1 30 (e) A student identification card issued by an Iowa high 1 31 school or an Iowa postsecondary educational institution. 1 32 (2) If the photographic identification presented does not 1 33 contain the person's current address in the precinct, For 1 34 purposes of this section, a person may establish residence 1 35 using proof of identification presented pursuant to section 2 1 49.77, subsection 3, if the proof of identification contains 2 2 the person's current address in the precinct. If the proof of 2 3 identification does not contain the person's current address 2 4 in the precinct, the person shall also present one of the 2 5 following documents that shows the person's name and current 2 6 address in the precinct: 2 7 (a) Residential lease. 2 8 (b) Property tax statement. 2 9 (c) Utility bill. 2 10 (d) Bank statement. 2 11 (e) Paycheck. 2 12 (f) Government check. 2 13 (g) Other government document. 2 14 Sec. 4. Section 48A.7A, subsection 1, paragraph c, Code 2 15 2011, is amended by striking the paragraph. 2 16 Sec. 5. Section 48A.7A, subsections 2 and 3, Code 2011, are 2 17 amended to read as follows: 2 18 2. The oath required in subsection 1, paragraph "a", and in 2 19 paragraph "c", if applicable, shall be attached to the voter 2 20 registration application. 2 21 3. At any time before election day, and after the deadline 2 22 for registration in section 48A.9, a person who appears in 2 23 person at the commissioner's office or at a satellite absentee 2 24 voting station or whose ballot is delivered to a health care 2 25 facility pursuant to section 53.22 may register to vote and 2 26 vote an absentee ballot by following the procedure in this 2 27 section for registering to vote on election day. A person who 2 28 wishes to vote in person at the polling place on election day 2 29 and who has not registered to vote before the deadline for 2 30 registering in section 48A.9, is required to register to vote 2 31 at the polling place on election day following the procedure 2 32 in this section. However, the person may complete the voter 2 33 registration application at the commissioner's office and, 2 34 after the commissioner has reviewed the completed application, 2 35 may present the application to the appropriate precinct 3 1 election official along with proof of identity and residency 3 2 identification and proof of residence. 3 3 Sec. 6. Section 48A.7A, subsection 4, paragraph b, Code 3 4 2011, is amended by striking the paragraph. 3 5 Sec. 7. Section 48A.8, subsection 2, unnumbered paragraph 3 6 1, Code 2011, is amended to read as follows: 3 7 An eligible elector who registers by mail and who has 3 8 not previously voted in an election for federal office in 3 9 the county of registration shall be required to provide 3 10 additional identification documents when voting for the first 3 11 time in the county, unless the registrant provided on the 3 12 registration form the registrant's Iowa driver's license 3 13 number, or the registrant's Iowa nonoperator's identification 3 14 card number, or the last four numerals of the registrant's 3 15 social security number and the driver's license, nonoperator's 3 16 identification, or partial social security number matches 3 17 an existing state or federal identification record with the 3 18 same number, name, and date of birth. If the registrant 3 19 is required to show additional identification under this 3 20 subsection and votes in person at the polls, or by absentee 3 21 ballot at the commissioner's office or at a satellite voting 3 22 station, the registrant shall provide a current and valid 3 23 photo identification card, or shall present to the appropriate 3 24 election official one of the following current documents that 3 25 shows the name and address of the registrant: 3 26 Sec. 8. Section 48A.8, subsection 4, Code 2011, is amended 3 27 to read as follows: 3 28 4. A registrant under subsection 2 who is required to 3 29 present additional identification when casting a ballot in 3 30 person shall be permitted to vote a provisional ballot if the 3 31 voter does not provide the required additional identification 3 32 documents pursuant to subsection 2. If a voter who is required 3 33 to present such additional identification when casting a ballot 3 34 votes an absentee ballot by mail, the ballot returned by the 3 35 voter shall be considered a provisional ballot pursuant to 4 1 sections 49.81 and 53.31. 4 2 Sec. 9. Section 48A.27, subsection 4, paragraph c, 4 3 subparagraph (2), Code 2011, is amended to read as follows: 4 4 (2) The notice shall contain a statement in substantially 4 5 the following form: 4 6 Information received from the United States postal service 4 7 indicates that you are no longer a resident of, and therefore 4 8 not eligible to vote in (name of county) County, Iowa. If this 4 9 information is not correct, and you still live in (name of 4 10 county) County, please complete and mail the attached postage 4 11 paid card at least ten days before the primary or general 4 12 election and at least eleven days before any other election at 4 13 which you wish to vote. If the information is correct and you 4 14 have moved, please contact a local official in your new area 4 15 for assistance in registering there. If you do not mail in 4 16 the card, you may be required to show identification before 4 17 being allowed to vote in (name of county) County. If you do not 4 18 return the card, and you do not vote in an election in (name 4 19 of county) County, Iowa, on or before (date of second general 4 20 election following the date of the notice) your name will be 4 21 removed from the list of voters in that county. 4 22 Sec. 10. Section 48A.29, subsection 1, paragraph b, Code 4 23 2011, is amended to read as follows: 4 24 b. The notice shall contain a statement in substantially the 4 25 following form: 4 26 Information received from the United States postal service 4 27 indicates that you are no longer a resident of (residence 4 28 address) in (name of county) County, Iowa. If this information 4 29 is not correct, and you still live in (name of county) County, 4 30 please complete and mail the attached postage paid card at 4 31 least ten days before the primary or general election and at 4 32 least eleven days before any other election at which you wish 4 33 to vote. If the information is correct, and you have moved, 4 34 please contact a local official in your new area for assistance 4 35 in registering there. If you do not mail in the card, you may 5 1 be required to show identification before being allowed to vote 5 2 in (name of county) County. If you do not return the card, and 5 3 you do not vote in some election in (name of county) County, 5 4 Iowa, on or before (date of second general election following 5 5 the date of the notice) your name will be removed from the list 5 6 of voters in that county. 5 7 Sec. 11. Section 48A.29, subsection 3, paragraph b, Code 5 8 2011, is amended to read as follows: 5 9 b. The notice shall contain a statement in substantially the 5 10 following form: 5 11 Information received by this office indicates that you are no 5 12 longer a resident of (residence address) in (name of county) 5 13 County, Iowa. If the information is not correct, and you still 5 14 live at that address, please complete and mail the attached 5 15 postage paid card at least ten days before the primary or 5 16 general election and at least eleven days before any other 5 17 election at which you wish to vote. If the information is 5 18 correct, and you have moved within the county, you may update 5 19 your registration by listing your new address on the card and 5 20 mailing it back. If you have moved outside the county, please 5 21 contact a local official in your new area for assistance in 5 22 registering there. If you do not mail in the card, you may be 5 23 required to show identification before being allowed to vote in 5 24 (name of county) County. If you do not return the card, and you 5 25 do not vote in some election in (name of county) County, Iowa, 5 26 on or before (date of second general election following the 5 27 date of the notice) your name will be removed from the list of 5 28 registered voters in that county. 5 29 Sec. 12. Section 49.77, subsection 3, Code 2011, is amended 5 30 by striking the subsection and inserting in lieu thereof the 5 31 following: 5 32 3. a. A precinct election official shall require the voter 5 33 to produce for inspection proof of identification before being 5 34 allowed to sign the voter roster or declaration of eligibility. 5 35 b. For purposes of this section, "proof of identification" 6 1 refers to a document that satisfies all of the following: 6 2 (1) The document shows the name of the individual to whom 6 3 the document was issued which shall conform to the name on the 6 4 election register. 6 5 (2) The document shows a photograph of the individual to 6 6 whom it was issued. 6 7 (3) The document includes an expiration date, and the 6 8 document is not expired at the time it is presented or expired 6 9 after the date of the last preceding general election. 6 10 (4) The document was issued by the United States or the 6 11 state of Iowa. 6 12 c. If a voter is unable or refuses to present proof of 6 13 identification or the precinct election official determines the 6 14 proof of identification provided by the voter does not qualify 6 15 as proof of identification under paragraph "b", the precinct 6 16 election official shall challenge the voter as provided in 6 17 section 49.79. If the voter is challenged under this paragraph 6 18 "c", the voter shall be offered the option to vote a ballot, but 6 19 only in accordance with section 49.81. 6 20 Sec. 13. Section 49.77, Code 2011, is amended by adding the 6 21 following new subsection: 6 22 NEW SUBSECTION. 3A. If proof of identification is 6 23 established under subsection 3 to the satisfaction of the 6 24 precinct election officials, the person may then be allowed to 6 25 vote. 6 26 Sec. 14. Section 49.77, subsection 4, paragraphs a and b, 6 27 Code 2011, are amended to read as follows: 6 28 a. A person whose name does not appear on the election 6 29 register of the precinct in which that person claims the right 6 30 to vote shall not be permitted to vote, unless the person 6 31 affirms that the person is currently registered in the county 6 32 and presents proof of identity, or the commissioner informs 6 33 the precinct election officials that an error has occurred 6 34 and that the person is a registered voter of that precinct 6 35 identification pursuant to subsection 3. If the commissioner 7 1 finds no record of the person's registration but the person 7 2 insists that the person is a registered voter of that precinct, 7 3 the precinct election officials shall allow the person to cast 7 4 a ballot in the manner prescribed by section 49.81. 7 5 b. If the voter informs the precinct election official that 7 6 the voter resides in the precinct and is not registered to 7 7 vote, the voter may register to vote pursuant to section 48A.7A 7 8 and cast a ballot. If such a voter is unable to establish 7 9 identity and residency in the manner provided in section 7 10 48A.7A, subsection 1, paragraph "b" or "c", the voter shall be 7 11 allowed to cast a ballot in the manner prescribed by section 7 12 49.81. 7 13 Sec. 15. Section 49.79, subsection 2, Code 2011, is amended 7 14 by adding the following new paragraph: 7 15 NEW PARAGRAPH. h. The challenged person was unable or 7 16 refused to provide proof of identification, or provided 7 17 insufficient proof of identification, pursuant to section 7 18 49.77, subsection 3. 7 19 Sec. 16. Section 49.81, subsection 1, Code 2011, is amended 7 20 to read as follows: 7 21 1. A prospective voter who is prohibited under section 7 22 48A.8, subsection 4, section 49.77, subsection 3 or 4, section 7 23 49.80, or section 53.19, subsection 3, from voting except under 7 24 this section shall be notified by the appropriate precinct 7 25 election official that the voter may cast a provisional 7 26 ballot. The voter shall mark the ballot and immediately 7 27 seal it in an envelope of the type prescribed by subsection 7 28 4. The voter shall deliver the sealed envelope to a precinct 7 29 election official who shall deposit it in an envelope marked 7 30 "provisional ballots". The ballot shall be considered as 7 31 having been cast in the special precinct established by section 7 32 53.20 for purposes of the postelection canvass. 7 33 Sec. 17. Section 49.81, subsection 2, paragraph b, Code 7 34 2011, is amended to read as follows: 7 35 b. If the person is casting a provisional ballot because the 8 1 person failed was unable or refused to provide a required form 8 2 of identification under section 48A.7A, subsection 1, section 8 3 48A.8, subsection 4, or section 49.77, subsection 3, a list of 8 4 the types of acceptable identification and notification that 8 5 the person must show identification before the ballot can be 8 6 counted. If a voter is unable or refuses to show proof of 8 7 identification required under section 49.77, subsection 3, 8 8 the notification shall also inform the voter of the right to 8 9 execute an affidavit pursuant to subsection 5. 8 10 Sec. 18. Section 49.81, Code 2011, is amended by adding the 8 11 following new subsection: 8 12 NEW SUBSECTION. 5. a. If a voter casts a provisional 8 13 ballot pursuant to section 49.77, subsection 3, the precinct 8 14 election official shall indicate on the provisional ballot 8 15 envelope that the voter was challenged for the voter's 8 16 inability or refusal to provide proof of identification. 8 17 b. No later than noon on the Monday following the election, 8 18 a voter challenged pursuant to section 49.77, subsection 3, 8 19 paragraph "c", shall appear at the commissioner's office 8 20 and execute an affidavit in the form prescribed by the state 8 21 commissioner, affirming that the voter is the same individual 8 22 who personally appeared before the precinct election board and 8 23 cast the provisional ballot on election day. The voter must 8 24 also present proof of identification required by section 49.77, 8 25 subsection 3, or further affirm either of the following: 8 26 (1) The voter is indigent and unable to obtain proof of 8 27 identification without the payment of a fee. 8 28 (2) The voter has a religious objection to being 8 29 photographed. 8 30 c. If the board determines that the voter has been 8 31 challenged solely for the inability or refusal of the voter to 8 32 provide proof of identification and the voter presents proof 8 33 of identification or executes the affidavit, as provided in 8 34 paragraph "b", the board shall find that the provisional ballot 8 35 is valid and direct that it be counted. 9 1 Sec. 19. Section 50.24, subsection 1, Code 2011, is amended 9 2 to read as follows: 9 3 1. The county board of supervisors shall meet to canvass 9 4 the vote on the first Monday or Tuesday after the day of 9 5 each election to which this chapter is applicable, unless 9 6 the law authorizing the election specifies another date for 9 7 the canvass. If that Monday or Tuesday is a public holiday, 9 8 section 4.1, subsection 34, controls. 9 9 Sec. 20. Section 50.46, Code 2011, is amended to read as 9 10 follows: 9 11 50.46 Special elections ==== canvass and certificate. 9 12 When a special election has been held to fill a vacancy, 9 13 pursuant to section 69.14, the board of county canvassers 9 14 shall meet no earlier than 1:00 p.m. on the second day after 9 15 the election, on the first Tuesday following the election and 9 16 canvass the votes cast at the election. If the second day 9 17 first Tuesday after the election is a public holiday, section 9 18 4.1, subsection 34, controls. The commissioner, as soon as the 9 19 canvass is completed, shall transmit to the state commissioner 9 20 an abstract of the votes so canvassed, and the state board, 9 21 within five days after receiving such abstracts, shall canvass 9 22 the tally lists. A certificate of election shall be issued by 9 23 the county or state board of canvassers, as in other cases. 9 24 All the provisions regulating elections, obtaining tally lists, 9 25 and canvass of votes at general elections, except as to time, 9 26 shall apply to special elections. 9 27 Sec. 21. Section 50.48, subsection 7, Code 2011, is amended 9 28 to read as follows: 9 29 7. If the election is an election held by a city which 9 30 is not the final election for the office in question, the 9 31 recount shall progress according to the times provided by this 9 32 subsection. If this subsection applies the canvass shall be 9 33 held by the second day on the Tuesday after the election, the 9 34 request for a recount must be made by the third eighth day 9 35 after the election, the board shall convene to conduct the 10 1 recount by the sixth ninth day after the election, and the 10 2 report shall be filed by the eleventh thirteenth day after the 10 3 election. 10 4 Sec. 22. Section 53.10, subsection 2, Code 2011, is amended 10 5 to read as follows: 10 6 2. Each person who wishes to vote by absentee ballot at 10 7 the commissioner's office shall first sign an application for 10 8 a ballot including the following information: name, current 10 9 address, and the election for which the ballot is requested. 10 10 The person may report a change of address or other information 10 11 on the person's voter registration record at that time. The 10 12 person must also provide proof of identification pursuant to 10 13 section 49.77, subsection 3, before receiving an absentee 10 14 ballot. Upon receipt of a ballot, the registered voter 10 15 shall immediately mark the ballot; enclose the ballot in a 10 16 secrecy envelope, if necessary, and seal it in an affidavit 10 17 envelope; subscribe to the affidavit on the reverse side of the 10 18 envelope; and return the absentee ballot to the commissioner. 10 19 The commissioner shall record the numbers appearing on the 10 20 application and affidavit envelope along with the name of the 10 21 registered voter. 10 22 Sec. 23. Section 53.22, subsection 1, Code 2011, is amended 10 23 by adding the following new paragraph: 10 24 NEW PARAGRAPH. d. Before receiving a ballot under 10 25 this subsection, each applicant shall present proof of 10 26 identification pursuant to section 49.77, subsection 3, to the 10 27 special precinct election board members. If an applicant is 10 28 unable to present proof of identification, the voter's ballot 10 29 shall be considered a provisional ballot cast pursuant to 10 30 section 49.81, and the special precinct election board members 10 31 shall give the voter an opportunity to execute an affidavit 10 32 in a form prescribed by the state commissioner affirming 10 33 either of the reasons listed in section 49.81, subsection 5, 10 34 paragraph "b", or that the voter is confined to the health care 10 35 facility or hospital and therefore unable to obtain proof of 11 1 identification. 11 2 Sec. 24. Section 144.46, Code 2011, is amended by adding the 11 3 following new subsection: 11 4 NEW SUBSECTION. 3. The fees adopted by the department 11 5 pursuant to subsection 1 shall not be assessed to applicants 11 6 who execute an affidavit indicating the applicant is obtaining 11 7 a certified copy of a birth certificate for the purpose of 11 8 obtaining an Iowa nonoperator's identification card to be used 11 9 for voting. 11 10 Sec. 25. Section 277.20, unnumbered paragraph 1, Code 2011, 11 11 is amended to read as follows: 11 12 On the next Friday Tuesday after the regular school 11 13 election, the county board of supervisors shall canvass the 11 14 returns made to the county commissioner of elections from 11 15 the several precinct polling places and the absentee ballot 11 16 counting board, ascertain the result of the voting with regard 11 17 to every matter voted upon and cause a record to be made 11 18 thereof as required by section 50.24. Special elections held 11 19 in school districts shall be canvassed at the time and in the 11 20 manner required by that section. The board shall declare the 11 21 results of the voting for members of boards of directors of 11 22 school corporations nominated pursuant to section 277.4, and 11 23 the commissioner shall at once issue a certificate of election 11 24 to each person declared elected. The board shall also declare 11 25 the results of the voting on any public question submitted to 11 26 the voters of a single school district, and the commissioner 11 27 shall certify the result as required by section 50.27. 11 28 Sec. 26. Section 321.190, subsection 1, paragraph d, Code 11 29 2011, is amended to read as follows: 11 30 d. The fee for a nonoperator's identification card shall 11 31 be five dollars and the card shall be valid for a period 11 32 of five years from the date of issuance. A nonoperator's 11 33 identification card shall be issued without expiration 11 34 to anyone age seventy or over. If an applicant for a 11 35 nonoperator's identification card is a foreign national 12 1 who is temporarily present in this state, the nonoperator's 12 2 identification card shall be issued only for the length of time 12 3 the foreign national is authorized to be present as determined 12 4 by the department, not to exceed two years. An issuance fee 12 5 shall not be charged for a person whose driver's license or 12 6 driving privilege has been suspended under section 321.210, 12 7 subsection 1, paragraph "a", subparagraph (3), or for a person 12 8 obtaining an identification card to be used under section 12 9 49.77, subsection 3, for voting purposes. 12 10 Sec. 27. Section 331.605, subsection 1, paragraph f, Code 12 11 2011, is amended to read as follows: 12 12 f. A county fee of four dollars for a certified copy of 12 13 a birth record, death record, or marriage certificate. The 12 14 fee prescribed by this paragraph shall not be assessed to 12 15 applicants requesting a certified copy of a birth record if the 12 16 applicant executes an affidavit indicating the applicant is 12 17 requesting the certified copy of a birth record for the purpose 12 18 of obtaining an Iowa nonoperator's identification card to be 12 19 used for voting. 12 20 Sec. 28. Section 376.7, subsection 1, Code 2011, is amended 12 21 to read as follows: 12 22 1. If a primary election is necessary, it shall be held 12 23 on the Tuesday four weeks before the date of the regular city 12 24 election. For each office on the ballot, a voter shall only 12 25 vote for the number of persons to be elected to that office at 12 26 the regular city election. The county board of supervisors 12 27 shall publicly canvass the tally lists of the vote cast in 12 28 the primary election, following the procedures prescribed 12 29 in section 50.24, at a meeting to be held on the second day 12 30 first Tuesday following the primary election, and beginning no 12 31 earlier than 1:00 p.m. on that day. 12 32 Sec. 29. Section 376.9, subsection 1, Code 2011, is amended 12 33 to read as follows: 12 34 1. A runoff election may be held only for positions unfilled 12 35 because of failure of a sufficient number of candidates to 13 1 receive a majority vote in the regular city election. When a 13 2 council has chosen a runoff election in lieu of a primary, the 13 3 county board of supervisors shall publicly canvass the tally 13 4 lists of the vote cast in the regular city election, following 13 5 the procedures prescribed in section 50.24, at a meeting to be 13 6 held on the second day first Tuesday following the regular city 13 7 election, and beginning no earlier than 1:00 p.m. on that day. 13 8 Candidates who do not receive a majority of the votes cast for 13 9 an office, but who receive the highest number of votes cast 13 10 for that office in the regular city election, to the extent of 13 11 twice the number of unfilled positions, are candidates in the 13 12 runoff election. 13 13 Sec. 30. EFFECTIVE DATE AND APPLICABILITY. This Act takes 13 14 effect January 1, 2012, and applies to elections held on or 13 15 after that date.
Text: HF94            Text: HF96 Complete Bill History