Bill Text: IA HF2222 | 2017-2018 | 87th General Assembly | Introduced


Bill Title: A bill for an act relating to the administration of elections, including voter identity verification and straight party voting, and including applicability provisions.

Spectrum: Partisan Bill (Democrat 17-0)

Status: (Introduced - Dead) 2018-02-06 - Subcommittee: Rizer, Koester and Lensing. H.J. 217. [HF2222 Detail]

Download: Iowa-2017-HF2222-Introduced.html

House File 2222 - Introduced




                                 HOUSE FILE       
                                 BY  MASCHER, HUNTER,
                                     NIELSEN, R. SMITH,
                                     WESSEL=KROESCHELL,
                                     BROWN=POWERS,
                                     ISENHART, GAINES,
                                     ANDERSON, GASKILL,
                                     OLDSON, WINCKLER,
                                     LENSING, KURTH, STAED,
                                     KEARNS, and T. TAYLOR

                                      A BILL FOR

  1 An Act relating to the administration of elections, including
  2    voter identity verification and straight party voting, and
  3    including applicability provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 5695YH (4) 87
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PAG LIN



  1  1    Section 1.  Section 22.7, subsections 72 and 73, Code 2018,
  1  2 are amended by striking the subsections.
  1  3    Sec. 2.  Section 48A.2, subsection 5, Code 2018, is amended
  1  4 by striking the subsection.
  1  5    Sec. 3.  Section 48A.7A, subsection 1, paragraph c, Code
  1  6 2018, is amended to read as follows:
  1  7    c.  In lieu of paragraph "b", a person wishing to vote
  1  8 may establish identity and residency in the precinct by
  1  9 written oath of a person who is registered to vote in the
  1 10 precinct. Before signing an oath under this paragraph, the
  1 11 attesting registered voter shall present to the precinct
  1 12 election official proof of the voter's identity, as described
  1 13 in section 49.78, subsection 2. The registered voter's oath
  1 14 shall attest to the stated identity of the person wishing to
  1 15 vote and that the person is a current resident of the precinct.
  1 16 The oath must be signed by the attesting registered voter in
  1 17 the presence of the appropriate precinct election official.
  1 18 A registered voter who has signed an oath on election day
  1 19 attesting to a person's identity and residency as provided in
  1 20 this paragraph is prohibited from signing any further oaths as
  1 21 provided in this paragraph on that day.
  1 22    Sec. 4.  Section 48A.38, subsection 1, paragraph f, Code
  1 23 2018, is amended to read as follows:
  1 24    f.  The county commissioner of registration and the state
  1 25 registrar of voters shall remove a voter's whole or partial
  1 26 social security number, as applicable, voter identification
  1 27 number assigned by the state commissioner, Iowa driver's
  1 28 license number, or Iowa nonoperator's identification card
  1 29 number from a voter registration list prepared pursuant to this
  1 30 section.
  1 31    Sec. 5.  Section 49.37, Code 2018, is amended by striking the
  1 32 section and inserting in lieu thereof the following:
  1 33    49.37  Arrangement of ballot.
  1 34    1.  For general elections, and for other elections in which
  1 35 more than one partisan office will be filled, the first section
  2  1 of the ballot shall be for straight party voting.
  2  2    a.  Each political party or organization which has
  2  3 nominated candidates for more than one office shall be listed.
  2  4 Instructions to the voter for straight party or organization
  2  5 voting shall be in substantially the following form:
  2  6    To vote for all candidates from a single party or
  2  7 organization, mark the voting target next to the party or
  2  8 organization name. Not all parties or organizations have
  2  9 nominated candidates for all offices. Marking a straight party
  2 10 or organization vote does not include votes for nonpartisan
  2 11 offices, judges, or questions.
  2 12    b.  Political parties and nonparty political organizations
  2 13 which have nominated candidates for only one office shall
  2 14 be listed below the other political organizations under the
  2 15 following heading:
  2 16    Other Political Organizations. The following organizations
  2 17 have nominated candidates for only one office:
  2 18    c.  Offices shall be arranged in groups. Partisan offices,
  2 19 nonpartisan offices, judges, and public measures shall be
  2 20 separated by a distinct line appearing on the ballot.
  2 21    2.  The commissioner shall arrange the ballot in conformity
  2 22 with the certificate issued by the state commissioner under
  2 23 section 43.73, in that the names of the respective candidates
  2 24 for each political party shall appear in the order they
  2 25 appeared on the certificate, above or to the left of the
  2 26 nonparty political organization candidates.
  2 27    3.  The commissioner shall arrange the partisan county
  2 28 offices on the ballot with the board of supervisors first,
  2 29 followed by the other county offices in the same sequence in
  2 30 which they appear in section 39.17. Nonpartisan offices shall
  2 31 be listed after partisan offices.
  2 32    Sec. 6.  Section 49.53, subsection 1, Code 2018, is amended
  2 33 to read as follows:
  2 34    1.  The commissioner shall not less than four nor more than
  2 35 twenty days before the day of each election, except those for
  3  1 which different publication requirements are prescribed by law,
  3  2 publish notice of the election. The notice shall contain a
  3  3 facsimile of the portion of the ballot containing the first
  3  4 rotation as prescribed by section 49.31, subsection 2, and
  3  5 shall show the names of all candidates or nominees and the
  3  6 office each seeks, and all public questions, to be voted upon
  3  7 at the election. The sample ballot published as a part of the
  3  8 notice may at the discretion of the commissioner be reduced in
  3  9 size relative to the actual ballot but such reduction shall
  3 10 not cause upper case letters appearing in candidates' names or
  3 11 in summaries of public measures on the published sample ballot
  3 12 to be less than nine point type. The notice shall also state
  3 13 the date of the election, the hours the polls will be open,
  3 14 that each voter is required to provide identification at the
  3 15 polling place before the voter can receive and cast a ballot,
  3 16  the location of each polling place at which voting is to occur
  3 17 in the election, and the names of the precincts voting at each
  3 18 polling place, but the statement need not set forth any fact
  3 19 which is apparent from the portion of the ballot appearing as
  3 20 a part of the same notice. The notice shall include the full
  3 21 text of all public measures to be voted upon at the election.
  3 22    Sec. 7.  Section 49.57, subsection 2, Code 2018, is amended
  3 23 to read as follows:
  3 24    2.  In the area of the general election ballot for straight
  3 25 party voting, the part or organization names shall be printed
  3 26 in upper case and lower case letters using a uniform font size
  3 27 for each political party or nonparty political organization.
  3 28 The font size shall not be less than twelve point type.  After
  3 29 the name of each candidate for a partisan office the name of
  3 30 the candidate's political party shall be printed in at least
  3 31 six point type.  The names of political parties and nonparty
  3 32 political organizations may be abbreviated on the remainder of
  3 33 the ballot if both the full name and the abbreviation appear
  3 34 in the "Straight Party" and "Other Political Party" areas of
  3 35 the ballot.
  4  1    Sec. 8.  Section 49.77, subsection 1, unnumbered paragraph
  4  2 1, Code 2018, is amended to read as follows:
  4  3    The board members of their respective precincts shall have
  4  4 charge of the ballots and shall furnish them to the voters
  4  5 after verifying each voter's identity pursuant to section
  4  6 49.78.
  4  7    Sec. 9.  Section 49.81, subsection 2, Code 2018, is amended
  4  8 by striking the subsection.
  4  9    Sec. 10.  NEW SECTION.  49.94  How to mark a straight ticket.
  4 10    If all the candidates for whom a voter desires to vote in any
  4 11 election other than the primary election were nominated by the
  4 12 same political party or nonparty political organization, and
  4 13 the voter desires to vote for all candidates nominated by that
  4 14 political party or organization, the voter may do so in any one
  4 15 of the following ways:
  4 16    1.  The voter may mark the voting target next to the name of
  4 17 the political party or nonparty political organization in the
  4 18 straight party or organization section of the ballot without
  4 19 marking any voting target next to the name of a candidate
  4 20 nominated by the party or organization.
  4 21    2.  The voter may mark the voting target next to the name
  4 22 of the political party or nonparty political organization in
  4 23 the straight party or organization section of the ballot and
  4 24 also mark any or all of the voting targets next to the names of
  4 25 candidates nominated by that party or organization.
  4 26    Sec. 11.  NEW SECTION.  49.95  Voting part of ticket only.
  4 27    If all the candidates for whom the voter desires to vote were
  4 28 nominated by the same political party or nonparty political
  4 29 organization but the voter does not desire to vote for all of
  4 30 the candidates nominated by the party or organization, the
  4 31 voter shall mark the voting target next to the name of each
  4 32 candidate for whom the voter desires to vote without marking
  4 33 the target next to the name of the party or organization in the
  4 34 straight party or organization section of the ballot.
  4 35    Sec. 12.  NEW SECTION.  49.96  Offices with more than one
  5  1 person to be elected.
  5  2    Where more than one person is to be elected to the same
  5  3 office at the same election, and all of the candidates for
  5  4 that office for whom the voter desires to vote were nominated
  5  5 by the political party or nonparty political organization for
  5  6 which the voter has marked a straight party or organization
  5  7 vote, the voter need not otherwise indicate the vote for that
  5  8 office. However, if a voter who has marked a straight party
  5  9 or organization ticket also marks the voting targets next to
  5 10 the names of one or more candidates for any office, only the
  5 11 votes cast separately for individual candidates for that office
  5 12 shall be counted. If the voter wishes to vote for candidates
  5 13 who were nominated by different political parties or nonparty
  5 14 political organizations, the voter must mark the voting target
  5 15 for each candidate the voter has chosen, whether or not the
  5 16 voter has also marked a straight party or organization vote.
  5 17    Sec. 13.  NEW SECTION.  49.97  How to mark a mixed ticket.
  5 18    If all candidates for whom a voter desires to vote were not
  5 19 nominated by the same political party or nonparty political
  5 20 organization, the voter may indicate the candidates of
  5 21 the voter's choice by marking the ballot in any one of the
  5 22 following ways:
  5 23    1.  The voter may mark a straight party or organization
  5 24 vote for the party or nonparty political organization which
  5 25 nominated some of the candidates for whom the voter desires
  5 26 to vote and vote for candidates of other parties or nonparty
  5 27 political organizations by marking the voting targets next to
  5 28 their names.
  5 29    2.  The voter may vote for each candidate separately without
  5 30 marking any straight party or organization vote.
  5 31    Sec. 14.  Section 49.98, Code 2018, is amended to read as
  5 32 follows:
  5 33    49.98  Counting ballots.
  5 34    The ballots shall be counted according to the voters' marks
  5 35 on them as provided in sections 49.92 and 49.93 to 49.97,
  6  1 and not otherwise. If, for any reason, it is impossible
  6  2 to determine from a ballot, as marked, the choice of the
  6  3 voter for any office, the vote for that office shall not be
  6  4 counted.  When there is a conflict between a straight party or
  6  5 organization vote for one political party or nonparty political
  6  6 organization and the vote cast by marking the voting target
  6  7 next to the name of a candidate for another political party or
  6  8 nonparty political organization on the ballot, the mark next
  6  9 to the name of the candidate shall be held to control, and the
  6 10 straight party or organization vote in that case shall not
  6 11 apply as to that office. A ballot shall be rejected if the
  6 12 voter used a mark to identify the voter's ballot. The For each
  6 13 voting system, the state commissioner shall, by rule adopted
  6 14 pursuant to chapter 17A, develop uniform definitions of what
  6 15 constitutes a vote.
  6 16    Sec. 15.  Section 49.124, subsection 3, Code 2018, is amended
  6 17 by striking the subsection.
  6 18    Sec. 16.  Section 53.2, subsection 4, Code 2018, is amended
  6 19 to read as follows:
  6 20    4.  a.  Each application shall contain the following
  6 21 information:
  6 22    (1)  The name and signature of the registered voter.
  6 23    (2)  The registered voter's date of birth.
  6 24    (3)  The address at which the voter is registered to vote.
  6 25    (4)  The registered voter's voter verification number.
  6 26    (5)  (4)  The name or date of the election for which the
  6 27 absentee ballot is requested.
  6 28    (6)  (5)  Such other information as may be necessary to
  6 29 determine the correct absentee ballot for the registered voter.
  6 30    b.  If insufficient information has been provided, including
  6 31 the absence of a voter verification number, either on the
  6 32 prescribed form or on an application created by the applicant,
  6 33 the commissioner shall, by the best means available, obtain
  6 34 the additional necessary information. A voter requesting
  6 35 or casting a ballot pursuant to section 53.22 shall not be
  7  1 required to provide a voter verification number.
  7  2    c.  For purposes of this subsection, "voter verification
  7  3 number" means the registered voter's driver's license number
  7  4 or nonoperator's identification card number assigned to the
  7  5 voter by the department of transportation or the registered
  7  6 voter's identification number assigned to the voter by the
  7  7 state commissioner pursuant to section 47.7, subsection 2.
  7  8    Sec. 17.  Section 53.22, subsection 8, Code 2018, is amended
  7  9 by striking the subsection.
  7 10    Sec. 18.  Section 53.25, subsection 1, paragraph b, Code
  7 11 2018, is amended by striking the paragraph.
  7 12    Sec. 19.  Section 53.25, subsection 2, Code 2018, is amended
  7 13 to read as follows:
  7 14    2.  If the absentee or provisional ballot is rejected prior
  7 15 to the opening of the affidavit envelope or return envelope
  7 16 marked with the affidavit, the voter casting the ballot shall
  7 17 be notified by a precinct election official by the time the
  7 18 canvass is completed of the reason for the rejection on a form
  7 19 prescribed by the state commissioner of elections.
  7 20    Sec. 20.  REPEAL.  Sections 48A.10A and 49.78, Code 2018,
  7 21 are repealed.
  7 22    Sec. 21.  APPLICABILITY.  This Act applies to elections held
  7 23 on or after the effective date of this Act.
  7 24                           EXPLANATION
  7 25 The inclusion of this explanation does not constitute agreement with
  7 26 the explanation's substance by the members of the general assembly.
  7 27    This bill relates to the administration of elections,
  7 28 including voter identity verification and straight party
  7 29 voting. The bill removes the requirement that a voter
  7 30 establish the voter's identity by providing certain documents
  7 31 or, for elections conducted before January 1, 2019, swearing
  7 32 an oath attesting to the voter's eligibility to vote prior to
  7 33 receiving and casting a ballot. The bill also removes the
  7 34 requirement that a registered voter swearing an oath attesting
  7 35 to another voter's eligibility to vote prove the registered
  8  1 voter's identity by providing certain documents. The bill
  8  2 repeals the program for the automatic issuance of voter
  8  3 identification cards to registered voters who do not have a
  8  4 driver's license or nonoperator's identification card.
  8  5    The bill also allows a voter to vote for all candidates of
  8  6 a single party that has multiple candidates on a ballot by
  8  7 marking a voting target on the first section of the ballot.
  8  8 In cases where more than one person is being elected to a
  8  9 single office, the voter must mark each candidate for whom the
  8 10 voter desires to vote if the candidates do not all belong to
  8 11 the party for which the voter cast a straight party vote. If
  8 12 there is a conflict between a straight party vote and a vote
  8 13 for a candidate not of that party, the vote for the individual
  8 14 candidate controls.
  8 15    The bill removes the requirement that a voter applying for an
  8 16 absentee ballot provide the voter's voter verification number
  8 17 on the application for an absentee ballot.
  8 18    The bill applies to elections held on or after the effective
  8 19 date of the bill.
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