General Assembly: 75 (1994 Regular GA) - Chapter 1169 - Voter registration


Published: 1994-05-11

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CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

CHAPTER 1169 VOTER REGISTRATION

S.F.2223

416

t AN ACT relating to voter registration, implementing the federal National Voter Registration Act, and providing penalties and an effective date.

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

SUBCHAPTER I GENERAL PROVISIONS

Section 1. NEW SECTION. 48A.1 STATEMENT OF INTENT. It is the intent of the general assembly to facilitate the registration of eligible residents

of this state througn the widespread availability of voter registration services. This chapter and other statutes relating to voter registration are to be liberally construed toward this end.

Sec. 2. NEW SECTION. 48A.2 DEFINITIONS. The definitions established by this section and section 39.3 shall apply wherever the terms

so defined appear in this chapter, unless the context in which any such term is used clearly requires otherwise.

1. "Commissioner of registration" means the county commissioner of elections as defined in section 47.2.

2. "Homeless person" means a person who lacks a fixed, regular, and adequate nighttime residence and who has a primary nighttime residence that is one of the following:

a. A supervised publicly or privately operated shelter designed to provide temporary liv- ing accomodations.

b. An institution that provides a temporary residence for persons intended to be institu- tionalized.

c. A public or private place not designed for, or ordinarily used as, a regular sleeping accomo- dation for human beings.

3. "Mentally incompetent person" means a person who has been legally determined to be severely or profoundly mentally retarded, or has been found incompetent in a proceeding held pursuant to section 229.27.

4. "Voter registration agency" means an agency designated to conduct voter registration under section 48A.19. Offices of the driver services division of the state department of trans- portation are not voter registration agencies.

5. "Voter registration form" means an application to register to vote which must be com- pleted by any person registering to vote.

Sec. 3. NEW SECTION. 48A.3 COMMISSIONER OF REGISTRATION. The county commissioner of elections is designated the commissioner of registration for the

county, and may appoint deputies and assistants, subject to the approval of the county board of supervisors, necessary to carry out the commissioner's responsibilities under this chapter and under rules of the state voter registration commission and the st,ate registrar of voters.

Sec. 4. NEW SECTION. 48A.4 QUALIFICATION OF OFFICERS. Before undertaking any voter registration duties, each voter registration officer, deputy,

or assistant in whatever capacity, or clerk in the office of commissioner shall take an oath in the form prescribed by the state commissioner of elections.

SUBCHAPTER II QUALIFICATIONS TO REGISTER TO VOTE

Sec. 5. NEW SECTION. 48A.5 VOTER QUALIFICATIONS. 1. An eligible elector wishing to vote in elections in Iowa shall register to vote as required

by this chapter.

tEstimate of additional local revenue expenditures required by state mandate on file with the Secretary of State

417 LA WS OF THE SEVENTY-FIFTH G.A., 1994 SESSION CH. 1169

2. To be qualified to register to vote an eligible elector shall: a. Be a citizen of the United States. b. Be an Iowa resident. A person's residence, for voting purposes only, is the place which

the person declares is the person's home with the intent to remain there permanently or for a definite, or indefinite or indeterminable length of time. A person who is homeless or has no established residence may declare residence in a precinct by describing on the voter regis- tration form a place to which the person often returns.

c. Be at least eighteen years of age. Completed registration forms shall be accepted from registrants who are at least seventeen and a half years of age, however, the registration shall not be effective until the registrant reaches the age of eighteen.

d. Not claim the right to vote in more than one place. A registrant shall be presumed to revoke any earlier claim of residence for voter registration purposes.

3. If a person who meets the requirements set forth in subsection 2 moves to a new resi- dence, either in Iowa or outside Iowa, and does not meet the voter requirements at the per- son's new residence, the person may vote at the person's former precinct in Iowa until the person meets the voter requirements of the person's new residence. However, a person who has moved to a new residence and fails to register to vote at the person's new residence after becoming eligible to do so shall not be entitled to vote at the person's former precinct in Iowa.

4. A citizen of the United States who lives outside of the United States has the right to register and vote as if the person were a resident of a precinct in Iowa if the citizen was an eligible elector of Iowa immediately before leaving the United States. A citizen who was not old enough to register to vote before leaving the United States but who met all of the other requirements for voter registration at that time also has the right to register and vote as if the person were a resident of a precinct in Iowa. This right applies even though while living outside the United States the citizen does not have a residence or other address in the precinct, and the citizen has not determined whether to return to Iowa. To qualify to vote in Iowa a United States citizen living outside the United States shall:

a. Comply with all applicable requirements of sections 53.37 to 53.53 relating to absentee ballots for members of the armed forces and other citizens living outside the United States.

b. Not maintain a residence, shall not be registered to vote, and shall not vote in any other state, territory, or possession of the United States.

c. Possess a valid passport or identity card and registration issued under authority of the United States secretary of state, or, if the citizen does not possess a valid passport or card of identity or registration, an alternative form of identification consistent with the provisions of applicable federal and state requirements.

5. If a United States citizen living outside the United States meets the requirements for voting, except for residence, has never lived in the United States, and has a parent who meets the definition of a member of the armed forces of the United States under section 53.37, the citizen is eligible to register to vote and vote at the same voting residence claimed by the citizen's parent.

6. The deadlines for voter registration shall not apply to a person who has been discharged from military service within thirty days preceding the date of an election. The person shall present to the precinct election official a copy of the person's discharge papers. The person shall complete a voter registration form and give it to the official before being permitted to vote.

Sec. 6. NEW SECTION. 48A.5A DETERMINATION OF RESIDENCE. Residence shall be determined in accordance with the following principles: 1. The residence of a person is in the precinct where the person's home or dwelling is located. 2. A residence for purposes of this chapter cannot be established in a commercial or indus-

trial building that is not normally used for residential purposes unless the building is used as a primary nighttime residence.

3. A person does not lose residence if the person leaves the person's home to reside tem- porarily in another state or precinct.

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 418

4. If a person goes to another state or precinct and files an affidavit of residence in that state or precinct for election purposes, the person loses residence in the former state or precinct, unless the person moved to the other state after that state's deadline for registering to vote in a particular election.

5. A student who resides at or near the school the student attends, but who is also able to claim a residence at another location under the provisions of this section, may choose either location as the student's residence for voter registration and voting purposes.

6. If an active member of the United States armed forces, as defined by section 53.37, has previously resided at a location that meets the requirements of this section, that person may claim either that previous residence or the person's current residence as the person's resi- dence for voter registration and voting purposes.

7. Notwithstanding subsections 1 through 6, the residence of a homeless person is in the precinct where the h()meless person usually sleeps. Residence requirements shall be construed liberally to provide homeless persons with the opportunity to register to vote and to vote.

8. A person's declaration of residency for voter registration and voting purposes is presumed to be valid unless a preponderance of evidence indicates that another location should be consi- dered the person's voting residence under the provisions of this chapter.

Sec. 7. NEW SECTION. 48A.6 DISQUALIFIED ELECTORS. The following persons are disqualified from registering to vote and from voting: 1. A person who has been convicted of a felony as defined in section 701.7, or convicted of

an offense classified as a felony under federal law. If the person's rights are later restored by the governor, or by the president of the United States, the person may register to vote.

2. A person who has been legally determined to be mentally incompetent. Certification by the clerk of the district court that any such person has been found no longer incompetent by a court shall qualify such person to again be an elector, subject to the other provisions of this chapter.

Sec. 8. NEW SECTION. 48A.7 REGISTRATION IN PERSON. An eligible elector may register to vote by appearing personally and completing a voter

registration form at the office of the commissioner in the county in which the person resides, at a motor vehicle driver's license station, or at any voter registration agency. A separate registration form shall be signed by each individual registrant.

Sec. 9. NEW SECTION. 48A.8 REGISTRATION BY MAIL. An eligible elector may register to vote by completing a mail registration form. The form

may be mailed or delivered by the registrant or the registrant's designee to the commissioner in the county where the person resides. A separate registration form shall be signed by each individual registrant.

Sec. 10. NEW SECTION. 48A.9 VOTER REGISTRATION DEADLINES. 1. Registration closes at five p.m. eleven days before each election except primary and general

elections. For primary and general elections, registration closes at five p.m. ten days before the election. An eligible elector may register during the time registration is closed in the elec- tor's precinct but the registration shall not become effective until registration opens again in the elector's precinct.

2. The commissioner's office shall be open from eight a.m. until at least five p.m. on the day registration closes before each regularly scheduled election.

3. A registration form submitted by mail shall be considered on time if it is postmarked no later than the fifteenth day before the election, even if it is received by the commissioner after the deadline, or if the registration form is received by the commissioner no later than five p.m. on the last day to register to vote for an election, even if it is postmarked after the fifteenth day before the election.

4. Registration forms submitted to voter registration agencies or to motor vehicle driver's license stations shall be considered on time if they are received no later than five p.m. on the

419 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

day registration closes for that election. Offices or agencies other than the county commis- sioner's office are not required to be open for voter registration purposes at times other than their usual office hours.

Sec. 11. NEW SECTION. 48A.I0 REGISTRATION REQUIRED. If a registered voter moves to a different county, the person shall submit a completed voter

registration form to the commissioner in order to be qualified to vote in that county. An other- wise eligible elector whose right to vote has been restored pursuant to chapter 914 or who has been found not to be mentally incompetent may register to vote.

SUBCHAPTER III FORMS AND PROCEDURES FOR VOTER REGISTRATION

Sec. 12. NEW SECTION. 48A.11 VOTER REGISTRATION FORM. 1. Each voter registration form shall provide space for the registrant to provide the follow-

ing information: a. The county where the registrant resides. b. The registrant's name. c. The address at which the registrant resides and claims as the registrant's residence for

voting purposes. d. The registrant's mailing address if it is different from the residence address. e. Social security number of the registrant (optional to provide). f. Date of birth. g. Sex. h. Residential telephone number (optional to provide). i. Political party registration. j. The name and address appearing on the registrant's previous voter registration. k. A space for a rural resident to provide township and section number, and such additional

information as may be necessary to describe the location of the rural resident's home. l. A space for a registrant who is homeless or who has no established residence to provide

such information as may be necessary to describe a place to which the person often returns. m. A statement that lists each eligibility requirement, contains an attestation that the regis-

trant meets all of the requirements, and requires the signature of the registrant under penalty of perjury.

n. A space for the registrant's signature and the date signed. 2. The voter registration form shall include, in print that is identical to the attestation por-

tion of the form, the following: a. Each voter eligibility requirement. b. The penalty provided by law for submission of a false voter registration form, which shall

be the penalty for perjury as provided by section 902.9, subsection 4. 3. Voter registration forms used by voter registration agencies under section 48A.19 shall

include the following statements: a. If a person declines to register to vote, the fact that the person has declined to register

will remain confidential and will be used only for voter registration purposes. b. If a person does register to vote, the office at which the registrant submits a voter regis-

tration form will remain confidential and the information will be used only for voter registra- tion purposes.

4. Voter registration forms may be on paper or electronic media. 5. All forms for voter registration shall be prescribed by rule adopted by the state voter

registration commission.

Sec. 13. NEW SECTION. 48A.12 FEDERAL MAIL VOTER REGISTRATION FORM. The mail voter registration form prescribed by the federal election commission shall be

accepted for voter registration in Iowa if all required information is provided, if it is signed by the registrant, and if the form is timely received.

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 420

The state commissioner of elections shall make the federal mail voter registration forms available for distribution to governmental and private entities, with particular emphasis on making them available to organized voter registration entities and programs.

Sec. 14. NEW SECTION. 48A.13 ELECTRONIC SIGNATURES ON VOTER REGISTRA- TION RECORDS.

Electronic signatures shall be accepted. However, before the use of electronic signatures is accepted on voter registration forms, the state voter registration commission shall prescribe by rule the technological requirements for guaranteeing the security and integrity of electronic signatures.

Sec. 15. NEW SECTION. 48A.14 CHALLENGES OF VOTER REGISTRATIONS. 1. The registration of a registered voter may be challenged by another registered voter

of the same county subject to the conditions and limitations of this section. A challenge shall be a statement in writing to the commissioner alleging one or more of the following reasons the challenged registrant's registration should not have been accepted or should be canceled:

a. The challenged registrant is not a citizen of the United States. b. The challenged registrant is less than seventeen and one-half years of age. c. The challenged registrant is not a resident at the address where the registrant is

registered. d. The challenged registrant has falsified information on the registrant's registration form. e. The challenged registrant has been convicted of a felony, and the registrant's voting rights

have not been restored. f. The challenged registrant has been adjudged mentally incompetent by a court of law and

no subsequent proceeding has reversed that finding. 2. A challenge shall not contain allegations against more than one registered voter. 3. A challenge shall contain a statement signed by the challenger in substantially the fol-

lowing form: "I swear or affirm that information contained on this challenge is true. I under- stand that knowingly filing a challenge containing false information is a serious misdemeanor."

4. A challenge may be filed at any time. A challenge filed less than seventy days before a regularly scheduled election shall not be processed until after the pending election unless the challenge is filed within twenty days of the commissioner's receipt of the challenged regis- trant's registration form or notice of change to an existing registration.

5. A challenger may withdraw a challenge at any time before the hearing held pursuant to section 48A.16 by notifying the commissioner in writing of the withdrawal.

Sec. 16. NEW SECTION. 48A.15 COMMISSIONER'S ACTION UPON RECEIPT OF CHALLENGE OR WITHDRAWAL.

1. A challenge is valid if it meets the criteria in section 48A.14, subsections 1, 2, and 3. 2. Upon receipt of a challenge which is not valid, the commissioner shall notify the challenger

of the reason the challenge is not valid, and shall take no further action regarding the challenge. 3. Upon receipt of a valid challenge, the commissioner shall, within five working days, notify

the challenged registrant and the challenger of the date, time, and place of a hearing on the matter of the challenge, to be held not less than twenty nor more than thirty days from the commissioner's receipt of the challenge. The notice of a hearing shall include a copy of the challenge, and shall advise the challenged registrant that the registrant may personally appear at the hearing, or may submit to the commissioner before the hearing evidence, documenta- tion, or statements refuting the challenge.

4. The notice prescribed by subsection 3 shall be sent by first class forwardablemail to the challenged registrant at the registrant's most recent mailing address according to the regis- tration records.

5. If the challenge is withdrawn, the commissioner shall immediately notify the challenged registrant of the withdrawal, and shall cancel the scheduled hearing.

6. If the challenged registrant notifies the commissioner that the challenged registrant wishes to appear in person but is unable to do so on the date scheduled, the commissioner may resche- dule the hearing.

421 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

Sec. 17. NEW SECTION. 48A.16 HEARING ON CHALLENGE. 1. At the time and place fixed for the hearing, the commissioner shall accept evidence on

the challenge from the challenger and the challenged registrant, or from any person appear- ing on behalf of either, and review any documents or statements pertaining to the challenge received before the hearing. On the basis of the evidence submitted, the commissioner shall either reject the challenge or cancel the registration of the challenged registrant. Either the challenged registrant or the challenger may appeal the commissioner's decision to the district court in the commissioner's county, and the decision of the court shall be final.

2. If a challenged registrant does not personally appear at the hearing and the challenged registrant's registration is canceled, the commissioner shall immediately notify the challenged registrant of the cancellation by first class forwardablemail sent to the challenged registrant's most recent mailing address according to the registration records.

SUBCHAPTER IV PLACES TO REGISTER

Sec. 18. NEW SECTION. 48A.17 REGISTRATION AT COMMISSIONER'S OFFICE. A person who meets the qualifications to vote may appear in person at the office of the county

commissioner of registration and apply to register to vote.

Sec. 19. NEW SECTION. 48A.18 VOTER REGISTRATION AT MOTOR VEHICLE DRIVER'S LICENSE STATIONS.

1. Each state motor vehicle driver's license application, including any renewal application or application for a nonoperator's identification card, submitted to the driver services division of the state department of transportation shall serve as an application for voter registration unless the applicant declines to register to vote. A completed voter registration form submit- ted to the driver services division of the state department of transportation shall be consi- dered to update any previous voter registration by the registrant.

2. A change of address form submitted to the driver services division of the state depart- ment of transportation shall serve as a change of address for voter registration purposes unless the registrant states on the form that the change of address is not for voter registration purposes.

3. Information relating to the refusal of an applicant for a driver's license to apply to register to vote shall not be used for any purpose other than voter registration.

4. Forms and procedures used by the driver services division for voter registration and a schedule for transmission of voter registration forms from the division to the county commis- sioner of registration shall be prescribed by the state voter registration commission by rule.

Sec. 20. NEW SECTION. 48A.19 VOTER REGISTRATION AGENCIES. 1. The following state agencies are responsible for voter registration: a. All state offices that have direct client contact and provide applications for public

assistance, including but not limited to offices administering the following programs: (1) Food stamps. (2) Medical assistance under chapter 249A. (3) Iowa family investment program. (4) Special supplemental food program for women, infants, and children. b. All offices that provide state-funded programs primarily engaged in providing services

to persons with disabilities, including but not limited to all of the following: (1) Department for the blind. (2) Division of vocational rehabilitation services of the department of education. (3) Deaf services division of the department of human rights or its successor agency. (4) Division of persons with disabilities of the department of human rights or its successor

agency. An agency designated a voter registration agency under this paragraph which provides ser-

vices to persons with disabilities in their homes shall provide voter registration services at the clients' homes.

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 422

c. Other federal and state agencies designated to provide voter registration services include, but are not limited to, the United States armed forces recruiting offices.

2. Agencies designated to provide voter registration services shall provide the following services:

a. Distribution of a voter registration form either on paper or electronic medium. b. Assistance to registrants in completing voter registration forms, unless the registrant

refuses assistance. c. Acceptance of completed voter registration forms for transmittal as required in section

4BA.21. 3. The voter registration agency shall provide voter registration services with each appli-

cation for services or assistance and with each recertification, renewal, or change of address form completed relating to the agency's services. The secretary of state shall adopt adminis- trative rules in cooperation with voter registration agencies to carry out the requirements of this section.

4. The voter registration agency shall provide a form to applicants that includes all of the following:

a. The question, "If you are not registered to vote where you live now, would you like to apply to register to vote here today?"

b. If the agency provides public assistance, the statement, "Applying to register or declin- ing to register to vote will not affect the amount of assistance that you will be provided by this agency."

c. Boxes for the applicant to check and choices in substantially the following form: " ___ . I want to register to vote. ___ . I do not want to register to vote."

The following statement shall be printed near the choices and shall be printed in large, reada- ble type:

"If you do not check either box, you will be considered to have decided not to register to vote at this time."

d. The statement, "If you would like help in filling out the voter registration form, we will help you. The decision whether to seek or accept help is yours. You may fill out the applica- tion form in private."

However, in those voter registration agencies where electronic forms are used, the follow- ing statement shall be used: "If you want to fill out the form in private, a separate paper form for voter registration will be provided."

e. The statement, "If you believe that someone has interfered with your right to register or to decline to register to vote, your right to privacy in deciding whether to register or in applying to register to vote, or your right to choose your own political party or other political preference, you may file a complaint with the state voter registration commission". The name, address, and telephone number of the voter registration commission shall complete the statement.

The voter registration agency may distribute the voter registration form either on paper or by electronic medium.

5. The voter registration agency shall provide each applicant who chooses to register to vote the same degree of assistance in completing the registration forin as is provided by the office for the completion of its own forms unless the applicant refuses such assistance.

6. Completed voter registration forms shall be transmitted as provided in section 4BA.21.

Sec. 21. NEW SECTION. 4BA.20 PROHIBITED ACTS BY VOTER REGISTRATION AGENCY EMPLOYEES.

A person who provides voter registration services as required by this subchapter shall not: 1. Seek to influence an applicant's political preference or party registration. 2. Display a political preference or party affiliation. 3. Make any statement to an applicant or take any action which has the purpose or effect

of discouraging the applicant from registering to vote.

423 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

4. Make any statement to an applicant or take any action which has the purpose or effect of leading the applicant to believe that a decision to register or not to register to vote has any bearing on the availability of services or benefits.

Sec. 22. NEW SECTION. 48A.21 TRANSMISSION OF FORMS FROM AGENCIES AND DRIVER'S LICENSE STATIONS.

The state registrar of voters shall adopt administrative rules regulating the transmission of completed voter registration forms from voter registration agencies and from driver's license stations. All completed voter registration applications in the possession of a voter registra- tion agency or a driver's license station at five p.m. on the last work day of each week shall be transmitted to the location designated by the state registrar of voters by rule. Procedures or requirements for more frequent transmissions may be specified by rule.

Sec. 23. NEW SECTION. 48A.22 VOTER REGISTRATION BY VOLUNTEER ORGANI- ZATIONS.

The secretary of state shall encourage volunteer organizations to undertake voter registra- tion drives by providing mail registration forms at the cost of production.

Sec. 24. NEW SECTION. 48A.23 REGISTRATION AT EDUCATIONAL INSTI- TUTIONS.

1. At least twice during each school year, the board of directors of each school district oper- ating a high school and the authorities in charge of each accredited non public school shall offer the opportunity to register to vote to each student who is at least seventeen and one-half years of age.

2. All postsecondary schools, including but not limited to, colleges, universities, and trade and technical schools which receive state funding shall offer the opportunity to register to vote to each student at least once each year. Students shall be provided with the federal voter registration form or the Iowa voter registration form, as applicable.

Sec. 25. NEW SECTION. 48A.24 VOTER REGISTRATION FORMS IN INCOME TAX RETURNS AND BOOKLETS.

For odd-numbered tax years, the director of revenue and finance shall insert securely in each individual income tax return form or instruction booklet two voter registration forms, designed according to rules adopted by the state voter registration commission.

Sec. 26. NEW SECTION. 48A.25 COMPENSATION FOR ASSISTANCE IN COMPLET- ING REGISTRATION FORMS.

A person may pay, offer to pay, or accept compensation for assisting others in completing voter registration forms only if the compensation is based solely on the time spent providing the assistance. Paying, offering to pay, or receiving compensation based on the number of regis- tration forms completed, or the party affiliations shown on completed registration forms, or on any other performance criteria, is a serious misdemeanor.

This section shall not apply to state statutory political committees, as defined in section 43.111. This section shall not apply to state and political subdivision employees who are required

to offer assistance to clients as a part of their regular job duties, and who shall not be granted additional compensation for voter registration activities. A person assisting another in com- pleting a voter registration form shall not complete any portion of the form without the knowl- edge or consent of the registrant.

SUBCHAPTER V PROCESSING VOTER REGISTRATION RECORDS

Sec. 27. NEW SECTION. 48A.26 ACKNOWLEDGMENT OF REGISTRATION FORM. 1. Within seven working days of receipt of a voter registration form or change of informa-

tion in a voter registration record the commissioner shall send an acknowledgment to the regis- trant at the mailing address shown on the registration form. The acknowledgment shall be sent by first class nonforwardable mail.

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 424

2. If the registration form appears on its face to be complete and proper, the acknowledg- ment shall state that the registrant is now a registered voter of the county. The acknowledg- ment shall also specify the name of the precinct and the usual polling place for the precinct in which the person is now registered. The acknowledgment may include the political party affiliation most recently recorded by the registrant.

3. If the registration form is missing required information, the acknowledgment shall advise the applicant what additional information is required. The commissioner shall enclose a new registration by mail form for the applicant to use. If the registration form has no address, the commissioner shall make a reasonable effort to determine where the acknowledgment should be sent.

4. If the acknowledgment is returned as undeliverable by the United States postal service, the commissioner shall follow the procedure described in section 48A.29, subsection 1.

5. If a registrant nas not supplied enough information on a registration form for the com- missioner to determine the correct precinct and other districts, the commissioner shall obtain the information as quickly as possible either from the registrant or other sources available to the commissioner.

6. An improperly addressed or delivered registration form shall be forwarded to the appropri- ate county commissioner of registration within two working days after it is received by any other official. The date of registration shall be the date the registration form was received by the first official. If the registration form was postmarked fifteen or more days before an election and the registration form was received by the first official after the close of registra- tion, the registration form shall be considered on time for the election.

7. When a person who is at least seventeen and one-half years of age but less than eighteen years of age registers to vote, the commissioner shall maintain a record of the registration so as to clearly indicate that it will not take effect until the registrant's eighteenth birthday and that the person is registered and qualifies to vote at any election held on or after that date.

Sec. 28. NEW SECTION. 48A.27 CHANGES TO VOTER REGISTRATION RECORDS. 1. Any voter registration form received by any voter registration agency, driver's license

station, or the commissioner shall be considered as updating the registrant's previous regis- tration.

2. a. A person who is registered to vote may request changes in the voter's registration record at any time by submitting one of the following, as applicable:

(1) A written notice to the county commissioner. (2) A completed Iowa or federal mail registration form to the county commissioner. (3) On election day, a registration form to the precinct election officials at the precinct of

the voter's current residence. (4) A change of address form to the driver services division of the state department of trans-

portation. (5) A change of address notice for voter registration submitted to any voter registration

agency. b. If a change of name, telephone number, or address is submitted under this subsection,

the commissioner shall not change the party affiliation in the elector's prior registration other than that indicated by the elector.

3. The commissioner shall make the necessary changes in the registration records without any action by the registrant when any of the following events occur:

a. Annexation of territory by a city. When an existing city annexes territory, the city clerk shall furnish the commissioner a detailed map of the annexed territory. The commissioner shall change the registration of persons residing in that territory to reflect the annexation and the city precinct to which each of those persons is assigned. If the commissioner cannot deter- mine the names and addresses of the persons affected by the annexation, the commissioner shall send each person who may be involved a letter informing the person that the person's registration may be in error, and requesting that each person provide the commissioner with the information necessary to correct the registration records.

425 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

b. Change of official street name or house or building number by a city or county. When the city or county changes the name of a street or the number of a house or other building in which a person resides, the city clerk or county board of supervisors shall inform the com· missioner of the change, and the commissioner shall change the registration of each person affected.

c. Incorporation or discontinuance of a city. When a new city is incorporated or an existing city is discontinued, the city clerk shall notify the commissioner. The commissioner shall change the registration of each person affected.

d. Change of rural route designation of the residence of the registered voter. The commis- sioner shall request each postmaster in the county to inform the commissioner of each change in rural route designation and the names of the persons affected, and the commissioner shall change the registration of each person as appropriate.

4. a. A commissioner, either independently or in cooperation with the state registrar of voters, and in accordance with rules of the state voter registration commission, may enter into an agreement with a licensed vendor of the United States postal service participating in the national change of address program to identify registered voters of the county who may have moved either within or outside the county.

b. If the information provided by the vendor indicates that a registered voter has moved to another address within the county, the commissioner shall change the registration records to show the new residence address, and shall also mail a notice of that action to both the former and new addresses. The notice shall be sent by forwardable first class mail, and shall include a postage prepaid preaddressed return form by which the registered voter may verify or cor- rect the address information.

c. If the information provided by the vendor indicates that a registered voter has moved to an address outside the county, the commissioner shall make the registration record inac- tive, and shall mail a notice to the registered voter at both the former and new addresses. The notice shall be sent by forwardable first class mail, and shall include a postage paid pread- dressed return card on which the registered voter may state the registered voter's current address. The notice shall contain a statement in substantially the following form: "Informa- tion received from the United States postal service indicates that you are no longer a resident of, and therefore not eligible to vote in (name of county) County, Iowa. If this information is not correct, and you still live in (name of county) County, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct and you have moved, please contact a local official in your new area for assistance in registering there.

If you do not mail in the card, you may be required to show identification proving your resi- dence in (name of county) County before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in an election in (name of county) County, Iowa on or before (date of second general election following the date of the notice) your name will be removed from the list of voters in that county. To ensure you receive this notice, it is being sent to both your most recent registration address and to your new address as reported by the postal service."

d. If the information provided by the vendor indicates the registered voter has moved to another county within the state, the notice required by paragraph "c" shall include a state- ment that registration in the county of the person's current residence is required, and shall provide a mail registration form for the person to use.

e. If a registered voter returns a card sent pursuant to this subsection and confirms that the registered voter has moved to a new residence outside the county, the commissioner shall cancel the registration of the voter.

f. If a registered voter returns a card sent pursuant to this subsection and states that the registered voter's residence address has not changed for the purpose of voter registration, the commissioner shall reinstate the record to active status, making any other changes directed by the registrant in the notice.

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 426

5. The commissioner shall keep a record of the names and addresses of the registered voters to whom notices under this section are sent and the date of the notice. When the return card from a notice is received by the commissioner, the commissioner shall record the date it was received and whether the registrant had moved within the county, moved to an address out- side the county, or had not changed residence.

Sec. 29. NEW SECTION. 48A.28 SYSTEMATIC CONFIRMATION PROGRAM. 1. Each commissioner shall conduct a systematic program that makes a reasonable effort

to remove from the official list of registered voters the names of registered voters who have changed residence from their registration addresses. Either or both of the methods described in this section may be used.

2. A commissioner may participate in the United States postal service national change of address program, as provided in section 48A.27. The state voter registration commission shall adopt rules establishing specific requirements for participation and use of the national change of address program.

A commissioner participating in the national change of address program, in the first quarter of each calendar year, shall send a notice and preaddressed, postage paid return card by first class forwardablemail to each registered voter whose name was not reported by the national change of address program and who has not voted, registered again, or reported a change to an existing registration during the preceding four calendar years. The form and language of the notice and return card shall be specified by the state voter registration commission by rule. A registered voter shall not be sent a notice and return card under this subsection more frequently than once in a four-year period.

3. For a commissioner who is not participating in the national change of address program, in February of each year the commissioner shall mail a confirmation notice to each registered voter in the county. The notice shall be sent by first class forwardable mail. The notice shall include a preaddressed, postage paid return card for the use of the registered voter or the recipient of the notice. The card shall contain boxes for the recipient to check to indicate one of the following:

a. That the recipient is the registered voter named on the card, and is still a resident at the address listed.

b. That the recipient is the registered voter named on the card, but is no longer a resident of the address listed.

c. That the recipient is not the registered voter named on the card, and the registered voter named on the card is not a resident of the address listed.

The form and language of the notice and return card shall be specified by the state voter registration commission by rule.

Sec. 30. NEW SECTION. 48A.29 PROCEDURE UPON RETURN OF CONFIRMATION CARD.

1. If a confirmation notice and return card sent pursuant to section 48A.28 is returned as undeliverable by the United States postal service, the commissioner shall make the registra- tion record inactive and shall mail a notice to the registered voter at the registered voter's most recent mailing address, as shown by the registration records.

The notice shall be sent by forwardable first class mail, and shall include a postage paid preaddressed return card on which the registered voter may state the registered voter's cur- rent address. The notice shall contain a statement in substantially the following form: "Infor- mation received from the United States postal service indicates that you are no longer a resi- dent of (residence address) in (name of county) County, Iowa. If this information is not correct, and you still live in (name of county) County, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct, and you have moved, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification proving your residence

427 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

in (name of county) County before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in some election in (name of county) County, Iowa on or before (date of second general election following the date of the notice) your name will be removed from the list of voters in that county."

2. When a detachable return card originally attached to a confirmation notice is returned indicating that the registered voter is still a resident of the address shown on the registration records, the commissioner shall make a record of the date the card was received.

3. When a detachable return card originally attached to a confirmation notice is returned by anyone other than the registered voter indicating that the registered voter is no longer a resident of the registration address, the commissioner shall make the registration record inactive, and shall mail a notice to the registered voter at the registered voter's most recent mailing address, as shown by the registration records.

The notice shall be sent by forwardable first class mail, and shall include a postage paid preaddressed return card on which the registered voter may state the registered voter's cur- rent address. The notice shall contain a statement in substantially the following form: "Infor- mation received by this office indicates that you are no longer a resident of (residence address) in (name of county) County, Iowa. If the information is not correct, and you still live at that address, please complete and mail the attached postage paid card at least ten days before the primary or general election and at least eleven days before any other election at which you wish to vote. If the information is correct, and you have moved within the county, you may update your registration by listing your new address on the card and mailing it back. If you have moved outside the county, please contact a local official in your new area for assistance in registering there. If you do not mail in the card, you may be required to show identification proving your residence in (name of county) County before being allowed to vote in (name of county) County. If you do not return the card, and you do not vote in some election in (name of county) County, Iowa on or before (date of second general election following the date of the notice) your name will be removed from the list of registered voters in that county."

Sec.31. NEW SECTION. 48A.30 CANCELLATION OF VOTER REGISTRATION. 1. The voter registration of a registered voter shall be canceled if any of the following occurs: a. The registered voter dies. For the purposes of this subsection, the commissioner may

accept as evidence of death a notice from the state registrar of vital statistics forwarded by the state registrar of voters, a written statement from a member of the registered voter's household, an obituary in a newspaper, a written statement from an election official, or a notice from the clerk of the district court in the county where the registered voter died.

b. The registered voter registers to vote in another jurisdiction, and the commissioner receives notice of the registration from the registration official in the other jurisdiction.

c. The registered voter requests the cancellation in writing. For the purposes of this subsection, a confirmation by the registered voter that the registered

voter is no longer a resident of the county constitutes a request for cancellation. d. The clerk of the district court, or the United States attorney, or the state registrar sends

notice of the registered voter's conviction of a felony as defined in section 701.7, or conviction of an offense classified as a felony under federal law. The clerk of district court shall send notice of a felony conviction to the state registrar of voters. The registrar shall determine in which county the felon is registered to vote, if any, and shall notify the county commissioner of registration for that county of the felony conviction.

e. The clerk of the district court or the state registrar sends notice that the registered voter has been declared mentally incompetent under state law.

£. The registered voter's registration record has been inactive pursuant to section 48A.29 for two successive general elections.

2. When a registration is canceled pursuant to subsection I, paragraph "d", "e", or "f', the commissioner shall send a notice of the cancellation to the registered voter.

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 428

Sec. 32. NEW SECTION. 48A.31 DECEASED PERSONS RECORD. The state registrar of vital statistics shall transmit or cause to be transmitted to the state

registrar of voters, once each calendar quarter, a certified list of all persons seventeen and one·half years of age and older in the state whose deaths have been reported to the records and statistics division of the Iowa department of public health since the previous list of dece· dents was certified to the state registrar of voters. The list shall be submitted according to the specifications of the state registrar of voters, who shall determine whether each listed decedent was registered to vote in this state. If the decedent was registered in a county which uses its own data processing facilities for voter registration recordkeeping, the registrar shall notify the commissioner in that county who shall cancel the decedent's registration. If the dece· dent was registered in a county for which voter registration recordkeeping is performed under contract by the registrar, the registrar shall immediately cancel the registration and notify the commissioner of ~he county in which the decedent was registered to vote of the cancellation.

Sec. 33. NEW SECTION. 48A.32 DESTRUCTION OR REMOVAL OF CANCELED VOTER REGISTRATION RECORDS.

Twenty·two months after the next general election following the cancellation of a person's voter registration, the commissioner may destroy all records of that person's registration. At the discretion of the commissioner, canceled records may be donated to an historical society if all confidential information has been removed from the records.

Sec. 34. NEW SECTION. 48A.33 DECLINATION OF REGISTRATION OPPORTUNITY. When a client or applicant of a voter registration agency declines to register to vote, the

record of the declination shall be kept by the voter registration agency for twenty-two months after the next general election after which time the agency may destroy the records.

SUBCHAPTER VI RETENTION AND STORAGE OF VOTER REGISTRATION RECORDS

Sec. 35. NEW SECTION. 48A.34 CONFIDENTIALITY OF CERTAIN RECORDS. Voter registration records are available for public inspection at reasonable times at the office

of the county commissioner. The commissioner and any voter registration agency which has custody of voter registration records shall take the necessary steps to ensure that the name of the agency at which the voter registration form was submitted remains confidential.

Sec. 36. NEW SECTION. 48A.35 VOTER REGISTRATION RECORDS UNDER CON- TROL OF THE COMMISSIONER.

The county commissioner of elections shall be responsible for the maintenance and storage of all paper and electronic voter registration records in the commissioner's custody. Original registration records shall not be removed from the commissioner's office or from any other designated permanent storage location except upon request of a county commissioner or a court order, or as provided by section 48A.32. The state registrar of voters and the state voter regis- tration commission shall adopt administrative rules to implement this section.

Sec. 37. NEW SECTION. 48A.36 ELECTRONIC REGISTRATION RECORD RETEN- TION IN VOTER REGISTRATION AGENCIES.

1. Voter registration agencies and the driver services division of the state department of transportation may electronically transmit registration data to the state registrar of voters, who shall distribute the information, electronically or otherwise, to the appropriate commis- sioner in accordance with rules of the state voter registration commission and the state regis- trar of voters. The state agency originating the registration data shall permanently retain an electronic copy of the form completed by the registrant, including the registrant's signa- ture, and shall develop procedures for the retrieval and printing of that electronic document. A printed copy of an electronic registration document shall be made only upon the agency's receipt of a court order.

429 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

2. Upon receipt of electronic registration data under subsection 1, the state registrar of voters may cause the updating of registration records for registrants in counties which have arranged for data processing services under section 47.7, subsection 2. The registrar shall notify the commissioner of the actions taken.

Sec. 38. NEW SECTION. 48A.37 ELECTRONIC REGISTRATION RECORDS. 1. Voter registration records shall be maintained in an electronic medium. A history of local

election participation shall be maintained as part of the electronic record for at least two general, primary, school, and city elections. Absentee voting shall be recorded for the previous two general and primary elections. After each election, the county commissioner shall update tel- ephone numbers provided by registered voters pursuant to section 49.77.

2. Electronic records shall include a status code designating whether the records are active or inactive. 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 pursuant to section 48A.29. All other records are active records. An inactive record shall be made active when the registered voter votes at an election, registers again, or reports a change of name, address, telephone number, or political party affiliation.

Sec. 39. NEW SECTION. 48A.38 LISTS OF VOTERS. 1. Any person may request of the registrar and shall receive, upon payment of the cost of

preparation, a list of registered voters and other data on registration and participation in elec- tions, in accordance with the following requirements and limitations:

a. The registrar shall prepare each list requested within fourteen days of receipt of the request, except that the registrar shall not be required to prepare any list within seven days of the close of registration for any regularly scheduled election if the preparation of the list would impede the preparation of election registers for that election.

b. Each list shall be as current as possible, but shall in all cases reflect voter activity reported to any commissioner twenty-eight or more days before preparation of the list.

c. Each list shall be in the order and form specified by the list purchaser, and shall contain the registration data specified by the list purchaser, provided compliance with the request is within the capability of the record maintenance system used by the registrar.

d. Lists prepared shall not include inactive records unless specifically requested by the requester.

e. The registrar shall prepare updates to lists at least biweekly, and after the close of regis- tration for a regularly scheduled election, but before the election, if requested to do so at the time a list is purchased. All updates shall be made available to all requesters at the same time, and shall be in the order and form specified by each requester.

2. The registrar shall maintain a log of the name, address, and telephone number of every person who receives a list under this section, and of every person who reviews registration records in the office of the registrar. Commissioners of registration shall maintain a similar log in their offices of those who receive a list from the commissioner or who review registra- tion records in the commissioner's office. Logs maintained under this subsection are public records, and shall be available for public inspection at reasonable times.

Sec. 40. NEW SECTION. 48A.39 USE OF REGISTRATION INFORMATION. Information about individual registrants obtained from voter registration records shall be

used only to request the registrant's vote at an election, or for another genuine political pur- pose, or for a bona fide official purpose by an elected official, or for bona fide political research, but shall not be used for any commercial purposes. A person who uses registration informa- tion in violation of this section commits a serious misdemeanor.

Sec. 41. NEW SECTION. 48A.40 REPORTS. At least once each month and at other times deemed appropriate, the county commissioner

of registration shall report to the state registrar the number of persons registered in each

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 430

county. The report shall include the registration totals for each political party and the num- ber of persons not registered with a political party.

Sec. 42. NEW SECTION. 48A.41 CRIMINAL PENALTIES. 1. A person who commits any of the following acts shall be guilty of a class "D" felony: a. Willfully registers to vote, knowing oneself not to be eligible. b. Willfully or knowingly provides false information for the purpose of registering to vote. c. Willfully or knowingly registers a fictitious person to vote, or attempts to do so. d. Forges another person's name to a voter registration form or other voter registration

document. 2. A person who commits any of the following acts shall be guilty of an aggravated mis-

demeanor: a. Willfully or knowingly entices another to fraudulently register to vote. b. Conspires with another for the purpose of introducing information known to be false into

voter registration records. c. Willfully or knowingly destroys registration records, or attempts to do so, without proper

authorization. For the purpose of this paragraph, an electronic record which has not been replaced with a more recent version of the same record, is a registration record.

d. Files a challenge under section 48A.14 which the challenger knows contains false infor- mation pertaining to the reasons the registration is being challenged.

e. Willfully or knowingly intimidates or threatens, or attempts to intimidate or threaten, any person for registering to vote or attempting to register to vote, or intimidates, threatens, or coerces, or attempts to intimidate, threaten, or coerce any person to register to vote or to attempt to register to vote.

Sec. 43. Section 39.3, subsection 10, Code Supplement 1993, is amended to read as follows: 10. "Ql:lalified eleeter" "Registered voter" means a person who is registered to vote pur-

suant to chapter 48 48A.

Sec. 44. Section 43.5, Code 1993, is amended to read as follows: 43.5 APPLICABLE STATUTES. The provisions of chapters 39, 47, 48 48A, 49, 50, 51, 52, 53, 56, 57, 58, 59, 61, 62 and 722

shall apply, so far as applicable, to all primary elections, except as hereinafter provided.

Sec. 45. Section 47.1, Code Supplement 1993, is amended by adding the following new unnum- bered paragraph after unnumbered paragraph 2:

The secretary of state is designated the chief state election official and is responsible for coordination of state responsibilities under the federal National Voter Registration Act of 1993.

Sec. 46. Section 47.2, subsection 1, Code 1993, is amended to read as follows: 1. The county auditor of each county is designated as the county commissioner of elections

in each county. The county commissioner of elections shall conduct voter registration pursuant to chapter 48 48A and conduct all elections within the county.

Sec. 47. Section 47.7, subsection 4, Code 1993, is amended to read as follows: 4. Not later than July 1, 1984, information listed in section 48.6 48A.1i contained in a county's

manual records but not on the county's computer readable records shall be provided to the registrar in a form specified by the registrar. The registrar shall require that any informa- tion supplied under section 48.6 48A.11, except sl:IBseetieBs 9 and l-l- the signature and attesta- tion of the registrant, be provided to the registrar in a form specified by the registrar.

Sec. 48. Section 47.8, subsection 4, Code Supplement 1993, is amended to read as follows: 4. The registration commission shall annually adopt a set of standard charges to be made

for the services the registrar is required to offer to the several commissioners, and for fur- nishing of voter registration records which are requested by persons other than the registrar, the state commissioner or any commissioner pursuant to section 48.&, sl:IBseetieB 2 48A.38. These

431 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

charges shall be sufficient to reimburse the state for the actual cost of furnishing such ser- vices or information, and shall be specified by unit wherever possible. The standard charges shall be adopted by the commission by January 15 of each calendar year.

Sec. 49. Section 49.28, Code 1993, is amended by striking the section and inserting in lieu thereof the following:

49.28 COMMISSIONER TO FURNISH REGISTERS AND SUPPLIES. The commissioner shall prepare and furnish to each precinct an election register and all other

books, forms, materials, equipment, and supplies necessary to conduct the election. After the registration deadline and before election day the commissioner shall prepare an

election register for each precinct in which voting will occur on the day of the election. The precinct election register shall be a list of the names and addresses of all registered voters of the precinct. Inactive records listed in the election register shall be clearly identified with a special mark or symbol.

When a precinct is divided by a district boundary, and some, but not all, registered voters of the precinct may vote on an issue or office from that district, the election register shall clearly indicate which of the registered voters are entitled to vote in the district.

Sec. 50. Section 49.77, Code 1993, is amended to read as follows: 49.77 BALLOT FURNISHED TO VOTER. 1. The board members of their respective precincts shall have charge of the ballots and fur-

nish them to the voters. Any person desiring to vote shall sign a voter's declaration provided by the officials, in substantially the following form:

VOTER'S DECLARATION OF ELIGIBILITY

I do solemnly swear or affirm that I am a resident of the ....... precinct, ......... ward or township, city of ........... , county of ........... , Iowa.

I am a qualified eleeteP registered voter. I have not voted and will not vote in any other precinct in said election.

(For primary election only:) I am affiliated with the .......... party. I understand that any false statement in this declaration is a criminal offense punishable

as provided by law.

SIGNATURE OF VOTER

ADDRESS

TELEPHONE Approved:

BOARD MEMBER 2. One of the precinct election officials shall announce the cleeter's voter's name aloud for

the benefit of any persons present pursuant to section 49.104, subsection 2, 3 or 5. Any of those persons may upon request view the signed declarations of eligibility and may review the signed declarations on file so long as the person does not interfere with the functions of the precinct election officials.

3. ~ precinct election official shall require any person whose name does not appear on the election register as an active voter to show identification. Specific documents which are accept- able forms Qf identification shall be prescribed by the state commissioner.

PARAGRAPH DIVIDED. A precinct election official may require of aft elee-t& the voter unknown to the official, identification upon which the cleeter's voter's signature or mark appears. If identification is established to the satisfaction of the precinct election officials, the person may then be allowed to vote.

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION 432

4. A pei'Sffll wftese ftiHJle 00es net- appear 6fl tOO eleetion register M tOO preeinet in whleh that pei'Sffll el-aims tOO righl w vete shall net- be permitted W vete, ~ in tOO eireumstanee deseribed in scetien 4&1, subseetion l-;- paragraph ~ unless tOO eommissioner informs tOO preeinet eleetion offieials that iHl error has oeeurred and that tOO pei'Sffll is a qualified eleeWr M that preeinet. If tOO eommissioner finds Be ~ M tOO person's registration b-u-t tOO per- S6fl i-fl.sisi£ that tOO pei'Sffll is a qualified eleeWr M that preeinet, tOO preeinet eleetion offieials shall alfflw tOO pei'Sffll w eas-t a ballet in tOO manner preseribed by scetien 49.8h ~ person whose name does not !!Fpear on the election register of the precinct !!! which that person claims the right to vote shall not be permitted to vote, unless the person affirms that the person ~ currently registered in the county and presents proof Qi identity, or the commissioner informs the precinct election officials that an error has occurred and that the person ~ 11 registered voter of that precinct. !! the commissioner finds no record of the person's registration but the person insists that the person ~ 11 registered voter of that precinct, the precin<:t; electj~n officials shall allow the person to cast 11 ballot !!! the manner prescribed l>y section 49.81.

5. The request for the telephone number in the declaration of eligibility in subsection 1 is not mandatory and the failure by the eleeWr voter to provide the telephone number does not affect the declaration's validity.

Sec. 51. Section 49.81, subsection 4, unnumbered paragraph I, Code 1993, is amended to read as follows:

The individual envelopes used for each paper ballot cast pursuant to subsection 1 shall have printed on them the format of the face of the registration form under section 4&3 48A.8 and the following:

Sec. 52. Section 50.19, unnumbered paragraph I, Code 1993, is amended to read as follows: The commissioner may destroy precinct election registers, the declarations of eligibility signed

by voters, and other material pertaining to any election in which federal offices are not on the ballot, except the tally lists, six months after the election if a contest is not pending. If a contest is pending all election materials shall be preserved until final determination of the contest. Before destroying the election registers and declarations of eligibility, the commis- sioner shall prepare records as necessary to permit compliance with see-Wm 4&3l-;- subseetion ± chapter 48A, subchapter V. Nomination papers for primary election candidates for state and county offices shall be destroyed ten days before the general election, if a contest is not pending.

Sec. 53. Section 50.22, unnumbered paragraph 2, Code 1993, is amended to read as follows: The decision to count or reject each ballot shall be made upon the basis of the information

given on the envelope containing the special ballot, the evidence concerning the challenge, the registration and the returned receipts of registration. If tOO ehallenged veteH registration was eaneeled in tOO same emm-ty- where tOO pei'Sffll attempted w vete beeause fffst class mail 6ifle.r thiHl tOO registration ~ mailed pursuant w see-Wm 4&3 was returned by tOO p6Stal serv-iee ffiwi:n.g tOO fottr years preeeding tOO eleetion in progress, tOO person's ballet shall be aeeepted for eounting and tOO eleetor's registration shall be reinstated.

Sec. 54. Section 53.2, Code 1993, is amended to read as follows: 53.2 APPLICATION FOR BALLOT. Any qualified eleeWr registered voter, under the circumstances specified in section 53.1,

may on any day, except election day, and not more than seventy days prior to the date of the election, apply in person for an absentee ballot at the commissioner's office or at any location designated by the commissioner, or make written application to the commissioner for an absen· tee ballot. The state commissioner shall prescribe a form for absentee ballot applica- tions. However, if iHl eleeWr 11 registered voter submits an application that includes all of the information required in this section, the prescribed form is not required.

This section does not require that a written communication mailed to the commissioner's office to request an absentee ballot, or any other document be notarized as a prerequisite to receiving or marking an absentee ballot or returning to the commissioner an absentee ballot which has been voted.

433 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION CH. 1169

Each application shall contain the name and signature of the qualified eleet6F- registered voter, the address at which the eleet6F- voter is qualified registered to vote, and the name or date of the election for which the absentee ballot is requested, and such other information as may be necessary to determine the correct absentee ballot for the qualified elector. If insuffi- cient information has been provided, the commissioner shall, by the best means available, obtain the additional necessary information.

If the application is for a primary election ballot and the request is for a ballot of a party different from that recorded on the qualified eleetop's registered voter's voter registration record, the requested ballot shall be mailed or given to the applicant together with a "Change or Declaration of Party Affiliation" form as prescribed in section 43.42, to be completed by the qualified eleet6F- registered voter at the time of voting. Upon receipt of the properly com- pleted form, the commissioner shall approve the change or declaration and enter a notation of the change on the registration records.

If an application for an absentee ballot is received from an eligible elector who is not a tftHili- Red eleet6F- registered voter the commissioner shall send a registration form under section 48.& 48A.8 and an absentee ballot to the eligible elector. If the application is received so late that it is unlikely that the registration form can be returned in time to be effective on election day, the commissioner shall enclose with the absentee ballot a notice to that effect, informing the voter of the registration time limits in seetioHs 48.& and 48d-l section 48A.9. The commis- sioner shall record on the elector's application that the elector is not currently registered to vote. If the registration form is properly returned by the time provided by section 48.& 48A.8, the commissioner shall record on the elector's application the date of receipt of the registra- tion form and enter a notation of the registration on the registration records.

A qualified eleet6F- registered voter who has not moved from the county in which the elec- tor is registered to vote may submit a change of name, telephone number, or address on the form prescribed in section 48.& 48A.8 when casting an absentee ballot. Upon receipt of a prop- erly completed form, the commissioner shall enter a notation of the change on the registration records.

Sec. 55. Section 53.38, Code 1993, is amended to read as follows: 53.38 AFFIDAVIT CONSTITUTES REGISTRATION. Whenever a ballot is requested pursuant to section 53.39 or 53.45 on behalf of a voter in

the armed forces of the United States, the affidavit upon the ballot envelope of such voter, if the voter is found to be an eligible elector of the county to which the ballot is submitted, shall constitute a sufficient registration under the provisions of chapter 48 48A and the com- missioner shall place the voter's name on the registration record as a qualified eleetffl' registered voter, if it does not already appear there.

Sec. 56. Section 53.53, unnumbered paragraph 2, Code 1993, is amended to read as follows: The voter's declaration or affirmation on the federal write-in ballot constitutes a sufficient

registration under the provisions of chapter 48 48A and the commissioner shall place the voter's name on the registration record as a qualified eleet6F- registered voter, if the voter's name does not already appear on the registration record. No witness to the oath is necessary.

Sec. 57. Section 280.9A, subsection 2, Code 1993, is amended by striking the subsection and inserting in lieu thereof the following:

2. At least twice during each school year, the board of directors of each local public school district operating a high school and the authorities in charge of each accredited non public school operating a high school shall offer the opportunity to register to vote to each student who is at least seventeen and one-half years of age, as required by section 48A.22.

Sec. 58. Section 283A.1, subsection 3, Code 1993, is amended to read as follows: 3. "School board" means a board of school directors regularly elected by the qualified

registered voters of a school corporation or district of the state of Iowa.

Sec. 59. Section 331.424, subsection 1, paragraph i, Code 1993, is amended to read as follows:

CH. 1169 LA WS OF THE SEVENTY -FIFTH G.A., 1994 SESSION

i. Elections, and voter registration pursuant to chapter 48 48A.

Sec. 60. Section 331.505, subsection 4, Code 1993, is amended to read as follows: 4. Serve as county commissioner of registration as provided in chapter 48 48A.

434

Sec.61. Section 368.1, subsection 12, Code Supplement 1993, is amended to read as follows: 12. "Qualified elecler Registered voter" means a person who is registered to vote pursuant

to chapter 48 48A.

Sec. 62. Section 602.8102, subsection 15, Code Supplement 1993, is amended by striking the subsection and inserting in lieu thereof the following:

15. Notify the county commissioner of registration and the state registrar of voters of per- sons seventeen and one-half years of age and older who have been convicted of a felony or who have been legally declared to be mentally incompetent.

Sec. 63. Section 914.6, subsections 1 and 3, Code 1993, are amended to read as follows: 1. Pardons, commutations of sentences, and remissions of fines and forfeitures, iHl:d resW- ~ at I'ighls sf eitizeHsfiip shall be issued in duplicate. Reprieves Restorations Q! rights of citizenship and reprieves shall be issued in triplicate.

3. In the case of a remission of fines and forfeitures, restoration of rights of citizenship, or a pardon, commutation of sentence, or reprieve, if the person is not in custody, one copy of the executive instrument shall be delivered to the person and one copy to the clerk of court where the judgment is of record. A list of the restorations of rights of citizenship issued by the governor shall be delivered to the state registrar Q! voters at least once each month.

Sec. 64. Sections 43.41, 43.42, 43.43, 43.120, 49.11, 49.27, 49.30, 49.43, 49.74,49.80,49.81,49.105, 50.7,50.8,53.7,53.8,53.15,53.17,53.19,53.25, 53.39, 176A.5, 176A.8, 275.13, 303.25, 303.49, 331.201, 331.751,357.12, 357C.7, 357D.8, 357E.8, 357F.8, 358.7, and 368.14, Code 1993, are amended by striking from the sections the words "qualified elector" and "qualified electors" and inserting in lieu thereof the words "registered voter" and "registered voters" and by striking from the sections the words "elector" and "electors" when it is used to mean "qualified elector" or "quali- fied electors" and inserting in lieu thereof the words "registered voter" or "voter" and "registered voters" or "voters", as appropriate.

Sec. 65. Sections 39.3, 53.1, 53.11, 53.22, 275.1, and 362.2, Code Supplement 1993, are amended by striking from the sections the words "qualified elector" and "qualified electors" and insert- ing in lieu thereof the words "registered voter" and "registered voters" and by striking from the sections the words "elector" and "electors" when it is used to mean "qualified elector" or "qualified electors" and inserting in lieu thereof the words "registered voter" or "voter" and "registered voters" or "voters", as appropriate.

Sec. 66. Sections 47.4, 48.1, 48.2, 48.3, 48.4, 48.5, 48.6, 48.7, 48.8, 48.9, 48.10, 48.11, 48.12, 48.15, 48.17, 48.20, 48.21, 48.22, 48.23, 48.29, 48.30, and 48.32, Code 1993, are repealed.

Sec. 67. Sections 48.16 and 48.31, Code Supplement 1993, are repealed.

Sec. 68. EFFECTIVE DATE. This Act takes effect January 1, 1995.

Approved May 11, 1994