Bill Text: IA HF213 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act automatically restoring the right to vote and hold elective office for persons who have been discharged from probation, parole, or work release, or who have been released from confinement.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced) 2019-02-04 - Introduced, referred to Judiciary. H.J. 201. [HF213 Detail]

Download: Iowa-2019-HF213-Introduced.html
House File 213 - Introduced HOUSE FILE 213 BY GASKILL A BILL FOR An Act automatically restoring the right to vote and hold 1 elective office for persons who have been discharged 2 from probation, parole, or work release, or who have been 3 released from confinement. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 5 TLSB 1193YH (2) 88 ss/jh
H.F. 213 Section 1. Section 43.18, subsection 9, Code 2019, is 1 amended by striking the subsection. 2 Sec. 2. Section 43.67, subsection 2, paragraph i, Code 2019, 3 is amended by striking the paragraph. 4 Sec. 3. Section 44.3, subsection 2, paragraph i, Code 2019, 5 is amended by striking the paragraph. 6 Sec. 4. Section 45.3, subsection 9, Code 2019, is amended by 7 striking the subsection. 8 Sec. 5. Section 48A.6, subsection 1, Code 2019, is amended 9 to read as follows: 10 1. A person who has been convicted of a felony as defined 11 in section 701.7 , or convicted of an offense classified as a 12 felony under federal law. If the person’s rights are later 13 restored by the governor, or by the president of the United 14 States, pursuant to section 914.8, or by a pardon issued by the 15 governor or the president of the United States, the person may 16 register to vote. 17 Sec. 6. Section 57.1, subsection 2, paragraph c, Code 2019, 18 is amended to read as follows: 19 c. That prior to the election the incumbent had been duly 20 convicted of a felony, as defined in section 701.7 , and that 21 the judgment had not been reversed, annulled, or set aside, nor 22 the incumbent pardoned by the governor or the president of the 23 United States or restored to the rights of citizenship by the 24 governor under chapter 914 pursuant to section 914.8 , at the 25 time of the election. 26 Sec. 7. Section 123.3, subsection 35, paragraph d, Code 27 2019, is amended to read as follows: 28 d. The person has not been convicted of a felony. However, 29 if the person’s conviction of a felony occurred more than five 30 years before the date of the application for a license or 31 permit, and if the person’s rights of citizenship have been 32 restored by the governor pursuant to sections 914.1 through 33 914.6 , the administrator may determine that the person is of 34 good moral character notwithstanding such conviction. 35 -1- LSB 1193YH (2) 88 ss/jh 1/ 4
H.F. 213 Sec. 8. Section 161A.5, subsection 3, paragraph b, Code 1 2019, is amended to read as follows: 2 b. Every candidate shall file with the nomination papers 3 an affidavit stating the candidate’s name, the candidate’s 4 residence, that the person is a candidate and is eligible for 5 the office of commissioner, and that if elected the candidate 6 will qualify for the office. The affidavit shall also state 7 that the candidate is aware that the candidate is disqualified 8 from holding office if the candidate has been convicted of a 9 felony or other infamous crime and the candidate’s rights have 10 not been restored by the governor or by the president of the 11 United States. 12 Sec. 9. Section 277.4, subsection 2, paragraph b, Code 2019, 13 is amended to read as follows: 14 b. Signers of nomination petitions shall include their 15 addresses and the date of signing, and must reside in the same 16 director district as the candidate if directors are elected 17 by the voters of a director district, rather than at-large. 18 A person may sign nomination petitions for more than one 19 candidate for the same office, and the signature is not invalid 20 solely because the person signed nomination petitions for 21 one or more other candidates for the office. The petition 22 shall be filed with the affidavit of the candidate being 23 nominated, stating the candidate’s name, place of residence, 24 that such person is a candidate and is eligible for the office 25 the candidate seeks, and that if elected the candidate will 26 qualify for the office. The affidavit shall also state that 27 the candidate is aware that the candidate is disqualified from 28 holding office if the candidate has been convicted of a felony 29 or other infamous crime and the candidate’s rights have not 30 been restored by the governor or by the president of the United 31 States. 32 Sec. 10. Section 376.4, subsection 2, paragraph b, Code 33 2019, is amended to read as follows: 34 b. The petition must include the affidavit of the individual 35 -2- LSB 1193YH (2) 88 ss/jh 2/ 4
H.F. 213 for whom it is filed, stating the individual’s name, the 1 individual’s residence, that the individual is a candidate and 2 eligible for the office, and that if elected the individual 3 will qualify for the office. The affidavit shall also state 4 that the candidate is aware that the candidate is disqualified 5 from holding office if the candidate has been convicted of a 6 felony or other infamous crime and the candidate’s rights have 7 not been restored by the governor or by the president of the 8 United States. 9 Sec. 11. Section 914.2, Code 2019, is amended to read as 10 follows: 11 914.2 Right of application. 12 Except as otherwise provided in section 902.2 or 914.8 , a 13 person convicted of a criminal offense has the right to make 14 application to the board of parole for recommendation or to 15 the governor for a reprieve, pardon, commutation of sentence, 16 remission of fines or forfeitures, or restoration of rights of 17 citizenship at any time following the conviction. 18 Sec. 12. Section 914.6, subsection 3, Code 2019, is amended 19 to read as follows: 20 3. In the case of a remission of fines and forfeitures, 21 restoration of rights of citizenship other than the right to 22 register to vote and to vote , or a pardon, commutation of 23 sentence, or reprieve, if the person is not in custody, one 24 copy of the executive instrument shall be delivered to the 25 person and one copy to the clerk of the district court where 26 the judgment is of record. A list of the restorations of 27 rights of citizenship issued by the governor shall be delivered 28 to the state registrar of voters at least once each month. 29 Sec. 13. NEW SECTION . 914.8 Restoration of right to 30 register and to vote. 31 1. A person convicted of a felony criminal offense who has 32 been discharged from probation under section 907.9, discharged 33 from parole or work release under section 906.15, or who is 34 released from confinement under section 902.6 because the 35 -3- LSB 1193YH (2) 88 ss/jh 3/ 4
H.F. 213 person has completed the person’s term of confinement, shall 1 have the right to register to vote and to vote as provided in 2 this section. 3 2. Upon discharge from confinement or supervision, the 4 department of corrections or judicial district department of 5 correctional services, whichever is applicable, shall provide 6 written notice to the inmate, parolee, or probationer of the 7 person’s discharge which shall include a voter registration 8 form and a statement that the person’s right to register to 9 vote and to vote is restored. The notice shall also inform the 10 person that when first registering to vote after discharge, the 11 person must present the discharge notice to the commissioner of 12 registration. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill makes restoration of the right to register to vote 17 and to vote automatic upon a person’s release from probation, 18 parole, or work release. By operation of law, persons whose 19 rights have been restored are eligible to run for elective 20 office. 21 The bill requires the department of corrections or the 22 judicial district department of correctional services to 23 provide written notice upon discharge from confinement or 24 supervision that a person’s voting rights are restored and 25 that the person must provide written notice of discharge when 26 registering to vote. The notice shall also include a voter 27 registration form. 28 -4- LSB 1193YH (2) 88 ss/jh 4/ 4
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