General Assembly: 82 (2007 Regular GA) - Chapter 35 - Voter registration


Published: 2007-04-03

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145 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 35

b. No more than one student precinct election board member may serve on each precinct election board. c. Student precinct election boardmembers shall not serve as the chairperson of a precinct

election board. d. Before serving at a partisan election, the student precinct election board member must

certify in writing to the commissioner the political party with which the student is affiliated. e. Student precinct election board members shall not be allowed to work more hours than

allowed under the applicable labor laws. f. A student who serves on a precinct election board is not eligible to receive class credit for

such service unless such service qualifies as meeting the requirements of a class assignment imposed on all students in the class. g. No later than fourteen days after the date of the election, the commissioner shall report

to the appropriate secondary school the following information: (1) The name of each student attending the school who served as a precinct election board

member on election day. (2) The number of hours the student served as a precinct election board member. (3) The precinct number and polling place location where the student served as a precinct

election board member. (4) Any other information the commissioner deems appropriate or that is requested by the

school.

Sec. 2. Section 49.15, Code 2007, is amended by adding the following new unnumbered paragraph: NEW UNNUMBERED PARAGRAPH. In drawing up precinct election board panels, the

commissioner may use student precinct election board members appointed pursuant to sec- tion 49.13, subsection 5.

Approved April 3, 2007

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CH. 35CH. 35

CHAPTER 35

VOTER REGISTRATION

H.F. 653

AN ACT allowing a voter to register to vote and to vote after regular registration and prior to voting in an election andmaking a penalty applicable and providing an applicability date.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 39A.2, subsection 1, paragraph a, Code 2007, is amended to read as fol- lows: a. REGISTRATION FRAUD. (1) Produces, procures, submits, or accepts a voter registration application that is known

by the person to be materially false, fictitious, forged, or fraudulent. (2) Falsely swears to an oath required pursuant to section 48A.7A.

Sec. 2. NEW SECTION. 48A.7A ELECTION DAY AND IN-PERSON ABSENTEE REG- ISTRATION. 1. a. A person who is eligible to register to vote and to vote may register on election day by

146LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 35

appearing in person at the polling place for the precinct in which the individual resides and completing a voter registration application, makingwritten oath, and providing proof of iden- tity and residence. b. (1) For purposes of this section, a person may establish identity and residence by pre-

senting to the appropriate precinct election official a current and valid Iowa driver’s license or Iowa nonoperator’s identification card or by presenting any of the following current and valid forms of identification if such identification contains the person’s photograph and a va- lidity expiration date: (a) An out-of-state driver’s license or nonoperator’s identification card. (b) A United States passport. (c) A United States military identification card. (d) An identification card issued by an employer. (e) A student identification card issued by an Iowa high school or an Iowa postsecondary

educational institution. (2) If the photographic identification presented does not contain the person’s current ad-

dress in the precinct, the person shall also present one of the following documents that shows the person’s name and address in the precinct: (a) Residential lease. (b) Property tax statement. (c) Utility bill. (d) Bank statement. (e) Paycheck. (f) Government check. (g) Other government document. c. In lieu of paragraph “b”, a person wishing to vote may establish identity and residency

in the precinct by written oath of a person who is registered to vote in the precinct. The regis- tered voter’s oath shall attest to the stated identity of the person wishing to vote and that the person is a current resident of theprecinct. The oathmust be signed by the attesting registered voter in the presence of the appropriate precinct election official. A registered voter who has signed an oath on election day attesting to a person’s identity and residency as provided in this paragraph is prohibited from signing any further oaths as provided in this paragraph on that day. 2. Theoath required in subsection 1, paragraph “a”, and in paragraph “c”, if applicable, shall

be attached to the voter registration application. 3. At any time before election day, a person who appears in person at the commissioner’s

office or at a satellite absentee voting station after the deadline for registration in section 48A.9, may register to vote and vote an absentee ballot by following the procedure in this sec- tion for registering to vote on electionday. Apersonwhowishes to vote in person at thepolling place on election day and who has not registered to vote before the deadline for registering in section 48A.9, is required to register to vote at the polling place on election day following the procedure in this section. However, the person may complete the voter registration applica- tion at the commissioner’s office and, after the commissioner has reviewed the completed ap- plication, may present the application to the appropriate precinct election official along with proof of identity and residency. 4. a. The form of thewritten oath required of the person registering under this section shall

read as follows: I, (name of registrant), do solemnly swear or affirm all of

the following: I am a resident of the . . . . . . . . . . . . . . . . . precinct, . . . . . . . . . . . . . ward or township, city of

. . . . . . . . . . . . . . . . , county of . . . . . . . . . . . . . . . . , Iowa. I am the person named above. I live at the address listed below. I do not claim the right to vote anywhere else. I have not voted and will not vote in any other precinct in this election.

147 LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSION CH. 35

I understand that any false statement in this oath is a class “D” felony punishable by nomore than five years in confinement and a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Registrant . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Telephone (optional to provide)

Subscribed and sworn before me on (date). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Precinct Election Official b. The form of the written oath required of a person attesting to the identity and residency

of the registrant shall read as follows: I, (name of registered voter), do solemnly swear or affirm all of the following: I am a preregistered voter in this precinct or I registered to vote in this precinct today, and

a registered voter did not sign an oath on my behalf. I am a resident of the . . . . . . . . . . . . . . . . . precinct, . . . . . . . . . . . . . . . ward or township, city

of . . . . . . . . . . . . . . . . , county of . . . . . . . . . . . . . . . . , Iowa. I reside at . . . . . . . . . . . . . . . . . . . . . . . . . in . . . . . . . . . . . . . . . . . . . . . . . . .

(street address) (city or township) I personally know . . . . . . . . . . . . . . . . . . . . . . . . . . , and I personally know

(name or registrant) that . . . . . . . . . . . . . . . . . . . . . . . . . . . . . is a resident of the . . . . . . . . . . . . . . . . . precinct,

(name of registrant) . . . . . . . . . . . . . . . ward or township, city of . . . . . . . . . . . . . . . . , county of . . . . . . . . . . . . . . . . , Iowa. I understand that any false statement in this oath is a class “D” felony punishable by nomore

than five years in confinement and a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Registered Voter

Subscribed and sworn before me on (date). . . . . . . . . . . . . . . . . . . . . . . . . . . . . Signature of Precinct Election Official1

Sec. 3. Section 48A.9, subsection 1, Code 2007, is amended to read as follows: 1. Registration closes at five p.m. eleven days before each election except primary and gen-

eral elections. For primary and general elections, registration closes at five p.m. ten days be- fore the election. An eligible elector may register during the time registration is closed in the elector’s precinct but the registration shall not become effective until registration opens again in the elector’s precinct, except as otherwise provided in section 48A.7A.

Sec. 4. NEW SECTION. 48A.26A ACKNOWLEDGMENT OF ELECTION DAY AND IN- PERSON ABSENTEE REGISTRATION FORM. 1. Within forty-five days of receiving a voter registration form completed under section

48A.7A, the commissioner shall send an acknowledgment to the registrant, in themanner pro- vided in section 48A.26, subsections 2 through 5, as applicable, at the mailing address shown on the registration form. The acknowledgment shall be sent by nonforwardable mail. 2. If the acknowledgment is returned as undeliverable by the postal service, the commis-

sioner shall attempt to contact the voter by forwardablemail. If a response is not received from the voter within fourteen days after the notice is mailed, the commissioner shall change the status of the registration to inactive status and shall immediately notify the state registrar of voters and the county attorney.

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1 See chapter 215, §242 herein

148LAWS OF THE EIGHTY-SECOND G.A., 2007 SESSIONCH. 35

Sec. 5. Section 48A.37, subsection 2, Code 2007, is amended to read as follows: 2. Electronic records shall include a status code designatingwhether the records are active,

inactive, local, or pending. Inactive records are records of registered voters to whom notices have been sent pursuant to section 48A.28, subsection 3, and who have not returned the card or otherwise responded to the notice, and those records have been designated inactive pursu- ant to section 48A.29. Inactive records are also records of registered voters to whom notices have been sent pursuant to section 48A.26A and who have not responded to the notice. Local records are records of applicants who did not answer either “yes” or “no” to the question in section 48A.11, subsection 3, paragraph “a”. Pending records are records of applicants whose applications have not been verified pursuant to section 48A.25A. All other records are active records. An inactive record shall bemade activewhen the registered voter votes at an election, registers again, or reports a change of name, address, telephone number, or political party af- filiation. A pending record shall bemade active upon verification. A local record shall be valid for any election for which no candidates for federal office appear on the ballot. A registrant with only a local record shall not vote in a federal election unless the registrant submits a new voter registration application before election day indicating that the applicant is a citizen of the United States.

Sec. 6. Section 49.77, subsection 4, Code 2007, is amended to read as follows: 4. a. A personwhose name does not appear on the election register of the precinct inwhich

that person claims the right to vote shall not be permitted to vote, unless the person affirms that the person is currently registered in the county and presents proof of identity, or the com- missioner informs the precinct election officials that an error has occurred and that the person is a registered voter of that precinct. If the commissioner finds no record of the person’s regis- tration but the person insists that the person is a registered voter of that precinct, the precinct election officials shall allow the person to cast a ballot in the manner prescribed by section 49.81. b. If the voter informs the precinct election official that the voter resides in the precinct and

is not registered to vote, the voter may register to vote pursuant to section 48A.7A and cast a ballot. If such a voter is unable to establish identity and residency in the manner provided in section 48A.7A, subsection 1, paragraph “b” or “c”, the voter shall be allowed to cast a ballot in the manner prescribed by section 49.81. c. A personwhohas been sent an absentee ballot bymail but for any reasonhas not received

it shall be permitted to cast a ballot in person pursuant to section 53.19 and in themanner pre- scribed by section 49.81.

Sec. 7. APPLICABILITY DATE. This Act applies to elections held on or after January 1, 2008.

Approved April 3, 2007