House File 653 - Enrolled PAG LIN 1 1 HOUSE FILE 653 1 2 1 3 AN ACT 1 4 ALLOWING A VOTER TO REGISTER TO VOTE AND TO VOTE AFTER 1 5 REGULAR REGISTRATION AND PRIOR TO VOTING IN AN ELECTION AND 1 6 MAKING A PENALTY APPLICABLE AND PROVIDING AN APPLICABILITY 1 7 DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 39A.2, subsection 1, paragraph a, Code 1 12 2007, is amended to read as follows: 1 13 a. REGISTRATION FRAUD. 1 14 (1) Produces, procures, submits, or accepts a voter 1 15 registration application that is known by the person to be 1 16 materially false, fictitious, forged, or fraudulent. 1 17 (2) Falsely swears to an oath required pursuant to section 1 18 48A.7A. 1 19 Sec. 2. NEW SECTION. 48A.7A ELECTION DAY AND IN=PERSON 1 20 ABSENTEE REGISTRATION. 1 21 1. a. A person who is eligible to register to vote and to 1 22 vote may register on election day by appearing in person at 1 23 the polling place for the precinct in which the individual 1 24 resides and completing a voter registration application, 1 25 making written oath, and providing proof of identity and 1 26 residence. 1 27 b. (1) For purposes of this section, a person may 1 28 establish identity and residence by presenting to the 1 29 appropriate precinct election official a current and valid 1 30 Iowa driver's license or Iowa nonoperator's identification 1 31 card or by presenting any of the following current and valid 1 32 forms of identification if such identification contains the 1 33 person's photograph and a validity expiration date: 1 34 (a) An out=of=state driver's license or nonoperator's 1 35 identification card. 2 1 (b) A United States passport. 2 2 (c) A United States military identification card. 2 3 (d) An identification card issued by an employer. 2 4 (e) A student identification card issued by an Iowa high 2 5 school or an Iowa postsecondary educational institution. 2 6 (2) If the photographic identification presented does not 2 7 contain the person's current address in the precinct, the 2 8 person shall also present one of the following documents that 2 9 shows the person's name and address in the precinct: 2 10 (a) Residential lease. 2 11 (b) Property tax statement. 2 12 (c) Utility bill. 2 13 (d) Bank statement. 2 14 (e) Paycheck. 2 15 (f) Government check. 2 16 (g) Other government document. 2 17 c. In lieu of paragraph "b", a person wishing to vote may 2 18 establish identity and residency in the precinct by written 2 19 oath of a person who is registered to vote in the precinct. 2 20 The registered voter's oath shall attest to the stated 2 21 identity of the person wishing to vote and that the person is 2 22 a current resident of the precinct. The oath must be signed 2 23 by the attesting registered voter in the presence of the 2 24 appropriate precinct election official. A registered voter 2 25 who has signed an oath on election day attesting to a person's 2 26 identity and residency as provided in this paragraph is 2 27 prohibited from signing any further oaths as provided in this 2 28 paragraph on that day. 2 29 2. The oath required in subsection 1, paragraph "a", and 2 30 in paragraph "c", if applicable, shall be attached to the 2 31 voter registration application. 2 32 3. At any time before election day, a person who appears 2 33 in person at the commissioner's office or at a satellite 2 34 absentee voting station after the deadline for registration in 2 35 section 48A.9, may register to vote and vote an absentee 3 1 ballot by following the procedure in this section for 3 2 registering to vote on election day. A person who wishes to 3 3 vote in person at the polling place on election day and who 3 4 has not registered to vote before the deadline for registering 3 5 in section 48A.9, is required to register to vote at the 3 6 polling place on election day following the procedure in this 3 7 section. However, the person may complete the voter 3 8 registration application at the commissioner's office and, 3 9 after the commissioner has reviewed the completed application, 3 10 may present the application to the appropriate precinct 3 11 election official along with proof of identity and residency. 3 12 4. a. The form of the written oath required of the person 3 13 registering under this section shall read as follows: 3 14 I, (name of registrant), do solemnly swear or affirm all of 3 15 the following: 3 16 I am a resident of the ......... precinct, ....... ward 3 17 or township, city of ........., county of ........., Iowa. 3 18 I am the person named above. 3 19 I live at the address listed below. 3 20 I do not claim the right to vote anywhere else. 3 21 I have not voted and will not vote in any other precinct in 3 22 this election. 3 23 I understand that any false statement in this oath is a 3 24 class "D" felony punishable by no more than five years in 3 25 confinement and a fine of at least seven hundred fifty dollars 3 26 but not more than seven thousand five hundred dollars. 3 27 ........................ 3 28 Signature of Registrant 3 29 ........................ 3 30 Address 3 31 ........................ 3 32 Telephone (optional to provide) 3 33 Subscribed and sworn before me on (date). 3 34 ..................... 3 35 Signature of Precinct Election Official 4 1 b. The form of the written oath required of a person 4 2 attesting to the identity and residency of the registrant 4 3 shall read as follows: 4 4 I, (name of registered voter), do solemnly swear or affirm 4 5 all of the following: 4 6 I am a preregistered voter in this precinct or I registered 4 7 to vote in this precinct today, and a registered voter did not 4 8 sign an oath on my behalf. 4 9 I am a resident of the ......... precinct, ....... ward 4 10 or township, city of ........., county of ........., Iowa. 4 11 I reside at ................. in ................. 4 12 (street address) (city or township) 4 13 I personally know ..................., and I personally know 4 14 (name or registrant) 4 15 that ..................... is a resident of the ....... precinct, 4 16 (name of registrant) 4 17 ............ ward or township, city of ......., county of 4 18 ......., Iowa. 4 19 I understand that any false statement in this oath is a 4 20 class "D" felony punishable by no more than five years in 4 21 confinement and a fine of at least seven hundred fifty dollars 4 22 but not more than seven thousand five hundred dollars. 4 23 ........................ 4 24 Signature of Registered Voter 4 25 Subscribed and sworn before me on (date). 4 26 ..................... 4 27 Signature of Precinct Election Official 4 28 Sec. 3. Section 48A.9, subsection 1, Code 2007, is amended 4 29 to read as follows: 4 30 1. Registration closes at five p.m. eleven days before 4 31 each election except primary and general elections. For 4 32 primary and general elections, registration closes at five 4 33 p.m. ten days before the election. An eligible elector may 4 34 register during the time registration is closed in the 4 35 elector's precinct but the registration shall not become 5 1 effective until registration opens again in the elector's 5 2 precinct, except as otherwise provided in section 48A.7A. 5 3 Sec. 4. NEW SECTION. 48A.26A ACKNOWLEDGMENT OF ELECTION 5 4 DAY AND IN=PERSON ABSENTEE REGISTRATION FORM. 5 5 1. Within forty=five days of receiving a voter 5 6 registration form completed under section 48A.7A, the 5 7 commissioner shall send an acknowledgment to the registrant, 5 8 in the manner provided in section 48A.26, subsections 2 5 9 through 5, as applicable, at the mailing address shown on the 5 10 registration form. The acknowledgment shall be sent by 5 11 nonforwardable mail. 5 12 2. If the acknowledgment is returned as undeliverable by 5 13 the postal service, the commissioner shall attempt to contact 5 14 the voter by forwardable mail. If a response is not received 5 15 from the voter within fourteen days after the notice is 5 16 mailed, the commissioner shall change the status of the 5 17 registration to inactive status and shall immediately notify 5 18 the state registrar of voters and the county attorney. 5 19 Sec. 5. Section 48A.37, subsection 2, Code 2007, is 5 20 amended to read as follows: 5 21 2. Electronic records shall include a status code 5 22 designating whether the records are active, inactive, local, 5 23 or pending. Inactive records are records of registered voters 5 24 to whom notices have been sent pursuant to section 48A.28, 5 25 subsection 3, and who have not returned the card or otherwise 5 26 responded to the notice, and those records have been 5 27 designated inactive pursuant to section 48A.29. Inactive 5 28 records are also records of registered voters to whom notices 5 29 have been sent pursuant to section 48A.26A and who have not 5 30 responded to the notice. Local records are records of 5 31 applicants who did not answer either "yes" or "no" to the 5 32 question in section 48A.11, subsection 3, paragraph "a". 5 33 Pending records are records of applicants whose applications 5 34 have not been verified pursuant to section 48A.25A. All other 5 35 records are active records. An inactive record shall be made 6 1 active when the registered voter votes at an election, 6 2 registers again, or reports a change of name, address, 6 3 telephone number, or political party affiliation. A pending 6 4 record shall be made active upon verification. A local record 6 5 shall be valid for any election for which no candidates for 6 6 federal office appear on the ballot. A registrant with only a 6 7 local record shall not vote in a federal election unless the 6 8 registrant submits a new voter registration application before 6 9 election day indicating that the applicant is a citizen of the 6 10 United States. 6 11 Sec. 6. Section 49.77, subsection 4, Code 2007, is amended 6 12 to read as follows: 6 13 4. a. A person whose name does not appear on the election 6 14 register of the precinct in which that person claims the right 6 15 to vote shall not be permitted to vote, unless the person 6 16 affirms that the person is currently registered in the county 6 17 and presents proof of identity, or the commissioner informs 6 18 the precinct election officials that an error has occurred and 6 19 that the person is a registered voter of that precinct. If 6 20 the commissioner finds no record of the person's registration 6 21 but the person insists that the person is a registered voter 6 22 of that precinct, the precinct election officials shall allow 6 23 the person to cast a ballot in the manner prescribed by 6 24 section 49.81. 6 25 b. If the voter informs the precinct election official 6 26 that the voter resides in the precinct and is not registered 6 27 to vote, the voter may register to vote pursuant to section 6 28 48A.7A and cast a ballot. If such a voter is unable to 6 29 establish identity and residency in the manner provided in 6 30 section 48A.7A, subsection 1, paragraph "b" or "c", the voter 6 31 shall be allowed to cast a ballot in the manner prescribed by 6 32 section 49.81. 6 33 c. A person who has been sent an absentee ballot by mail 6 34 but for any reason has not received it shall be permitted to 6 35 cast a ballot in person pursuant to section 53.19 and in the 7 1 manner prescribed by section 49.81. 7 2 Sec. 7. APPLICABILITY DATE. This Act applies to elections 7 3 held on or after January 1, 2008. 7 4 7 5 7 6 7 7 PATRICK J. MURPHY 7 8 Speaker of the House 7 9 7 10 7 11 7 12 JOHN P. KIBBIE 7 13 President of the Senate 7 14 7 15 I hereby certify that this bill originated in the House and 7 16 is known as House File 653, Eighty=second General Assembly. 7 17 7 18 7 19 7 20 MARK BRANDSGARD 7 21 Chief Clerk of the House 7 22 Approved , 2007 7 23 7 24 7 25 7 26 CHESTER J. CULVER 7 27 Governor