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 ss/jh 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 14that 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 5after 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 49.92and 49.93to 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.TheFor 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 2c. 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 absenteeor provisionalballot 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. LSB 5695YH (4) 87 ss/jh