Bill Text: IA HF2252 | 2017-2018 | 87th General Assembly | Enrolled
Bill Title: A bill for an act relating to programs and activities administered by the secretary of state, including the safe at home program, special election dates, candidate and voter registration filing requirements, election audits, voting systems, and civil office vacancies, and including effective date provisions. (Formerly HSB 551.) Effective 5-16-18.
Sponsorship: Committee Bill
Status: (Passed) 2018-05-16 - Signed by Governor. H.J. 997. [HF2252 Detail]
Download: Iowa-2017-HF2252-Enrolled.html
House File 2252 - Enrolled
HOUSE FILE
BY COMMITTEE ON STATE
GOVERNMENT
(SUCCESSOR TO HSB 551)
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A BILL FOR
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House File 2252
AN ACT
RELATING TO PROGRAMS AND ACTIVITIES ADMINISTERED BY THE
SECRETARY OF STATE, INCLUDING THE SAFE AT HOME PROGRAM,
SPECIAL ELECTION DATES, CANDIDATE AND VOTER REGISTRATION
FILING REQUIREMENTS, ELECTION AUDITS, VOTING SYSTEMS,
AND CIVIL OFFICE VACANCIES, AND INCLUDING EFFECTIVE DATE
PROVISIONS.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 9E.2, subsection 6, paragraph b, Code
2018, is amended to read as follows:
b. For purposes of this subsection, a person determined to
be a sexually violent predator pursuant to section 229A.7, a
person required to register as a sex offender under chapter
692A, or a person determined to be a sexually violent predator
or required to register as a sex offender pursuant to similar
law laws of another state is not an eligible person.
Sec. 2. Section 39.2, subsection 4, paragraph c, Code 2018,
is amended to read as follows:
c. For a school district or merged area, in the odd=numbered
year, the first Tuesday in February, the first Tuesday in
April, the last Tuesday in June, or the second Tuesday in
September. For a school district or merged area, in the
even=numbered year, the first Tuesday in February, the first
Tuesday in April, the second Tuesday in September, or the first
second Tuesday in December.
Sec. 3. Section 44.4, subsection 2, paragraph a,
subparagraph (1), Code 2018, is amended to read as follows:
(1) Those filed with the state commissioner, not less than
seventy=four sixty=eight days before the date of the election.
Sec. 4. Section 48A.2, Code 2018, is amended by adding the
following new subsection:
NEW SUBSECTION. 1A. "Document" means, for purposes of
satisfying proof of residence under this chapter, information
that is inscribed on a tangible medium or that is stored in an
electronic record and is retrievable in perceivable form.
Sec. 5. Section 48A.30, subsection 1, paragraph a, Code
2018, is amended to read as follows:
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 person related to
the registered voter within the second degree of consanguinity
or first degree of affinity, an obituary in a newspaper or
that appears on the internet site of a funeral establishment
licensed under chapter 156 or by the proper authority of
another state, a written statement from an election official
or personal representative of the registered voter's estate,
or a notice from the county recorder of the county where the
registered voter died.
Sec. 6. Section 48A.7A, subsection 1, paragraph c, Code
2018, is amended to read as follows:
c. In lieu of paragraph "b", a person wishing to vote may
establish identity and residency in the precinct by written
oath of a person who is registered to vote in the precinct.
Before signing an oath under this paragraph, the attesting
registered voter shall present to the precinct election
official proof of the voter's identity, as described in section
49.78, subsection 2 or 3. The registered voter's oath shall
attest to the stated identity of the person wishing to vote
and that the person is a current resident of the precinct.
The oath must be signed by the attesting registered voter in
the presence of the appropriate precinct election official.
A registered voter who has signed an oath on election day
attesting to a person's identity and residency as provided in
this paragraph is prohibited from signing any further oaths as
provided in this paragraph on that day.
Sec. 7. Section 49.78, subsection 5, Code 2018, is amended
to read as follows:
5. The form of the written oath required of a registered
voter attesting to the identity and residency of the voter
unable to present a form of identification shall read as
follows:
I, ...... (name of attesting registered voter), do solemnly
swear or affirm all of the following:
I am a preregistered voter in this precinct or I registered to
vote in this precinct today, and a registered voter did not
sign an oath on my behalf. I have not signed will not sign more
than one oath two oaths attesting to the identity and residence
of any other person in this election.
I am a resident of the ... precinct, ... ward or township,
city of ....., county of ....., Iowa.
I reside at ....... (street address) in ..... (city or
township).
I personally know ..... (name of voter), and I personally know
that ..... (name of voter) is a resident of the ... precinct,
..... ward or township, city of ....., county of ....., Iowa.
I understand that any false statement in this oath is a class
"D" felony punishable by no more than five years in confinement
and a fine of at least seven hundred fifty dollars but not more
than seven thousand five hundred dollars.
.............
Signature of Attesting Registered Voter
Subscribed and sworn before me on ..... (date).
.............
Signature of Precinct Election Official
Sec. 8. Section 50.51, subsection 2, Code 2018, is amended
to read as follows:
2. The state commissioner shall determine the number of
counties and precincts to be audited and shall select the
precincts to be audited by lot. The absentee ballot and
special voters precinct for each county, established pursuant
to section 53.20, shall be included with all other precincts of
the county for selection by lot. In every precinct selected,
the commissioner shall conduct a hand count of all ballots cast
in the preceding general election for president of the United
States or governor, as the case may be. The hand count shall
be observed by a representative selected by each of the two
political parties whose candidates received the highest number
of votes statewide in the preceding general election may be of
less than all ballots cast, in accordance with rules adopted by
the state commissioner.
a. A representative selected by each of the two political
parties whose candidates received the highest number of votes
statewide in the preceding general election shall be invited
to observe the hand count. The commissioner shall notify the
county chairperson of each political party a minimum of two
days before the hand count of the time and place of the hand
count.
b. If an invited representative does not appear at the hand
count, the commissioner shall notify the state commissioner.
Sec. 9. Section 52.4, subsection 2, Code 2018, is amended
to read as follows:
2. At least one of the examiners shall have been trained
in computer programming and operations or cybersecurity.
The other two members shall be directly involved in the
administration of elections and shall have experience in the
use of optical scan voting systems.
Sec. 10. Section 53.10, subsection 2, Code 2018, is amended
to read as follows:
2. a. Each person who wishes to vote by absentee ballot
at the commissioner's office shall first sign an application
for a ballot including the following information: name,
current address, voter verification number, and the election
for which the ballot is requested. The person may report a
change of address or other information on the person's voter
registration record at that time. The registered voter shall
immediately mark the ballot; enclose the ballot in a secrecy
envelope, if necessary, and seal it in the envelope marked
with the affidavit; subscribe to the affidavit on the reverse
side of the envelope; and return the absentee ballot to the
commissioner. The commissioner shall record the numbers
appearing on the application and affidavit envelope along with
the name of the registered voter.
b. For purposes of this subsection, "voter verification
number" means the registered voter's driver's license number
or nonoperator's identification card number assigned to the
voter by the department of transportation or the registered
voter's identification number assigned to the voter by the
state commissioner pursuant to section 47.7, subsection 2.
Sec. 11. Section 69.2, subsection 1, paragraph f, Code 2018,
is amended to read as follows:
f. The conviction of the incumbent of a felony, an
aggravated misdemeanor, or of any public offense involving the
violation of the incumbent's oath of office.
Sec. 12. EFFECTIVE DATE. This Act, being deemed of
immediate importance, takes effect upon enactment.
LINDA UPMEYER
CHARLES SCHNEIDE
CARMINE BOAL
KIM REYNOLDS
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