Bill Text: IA HF49 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act permitting electronic voter registration and including penalties and effective date provisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2015-01-20 - Subcommittee, Watts, Highfill, and Hunter. H.J. 125. [HF49 Detail]
Download: Iowa-2015-HF49-Introduced.html
House File 49 - Introduced HOUSE FILE BY HUNTER A BILL FOR 1 An Act permitting electronic voter registration and including 2 penalties and effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1241YH (3) 86 aw/sc PAG LIN 1 1 Section 1. Section 39A.2, subsection 1, paragraph a, 1 2 subparagraph (2), Code 2015, is amended to read as follows: 1 3 (2) Falsely swears to an oath required pursuant to section 1 4 48A.7A or section 48A.8A. 1 5 Sec. 2. NEW SECTION. 48A.8A Electronic registration. 1 6 1. An eligible elector may apply to register to vote by 1 7 electronic means by completing and submitting an electronic 1 8 voter registration form provided through the state commissioner 1 9 of elections' internet site. A county commissioner of 1 10 registration's internet site may provide an electronic link 1 11 to the electronic voter registration form provided under this 1 12 subsection. 1 13 2. An electronic voter registration form completed pursuant 1 14 to this section shall require that a registrant: 1 15 a. Provide the information as required pursuant to section 1 16 48A.11. 1 17 b. Have an Iowa driver's license, Iowa nonoperator's 1 18 identification card, a social security number, or an 1 19 identification number provided pursuant to section 48A.11, 1 20 subsection 8. 1 21 c. Attest to a statement that lists each eligibility 1 22 requirement, that the registrant meets all of the requirements, 1 23 and acknowledges that the registrant is required to provide an 1 24 electronic signature, consistent with electronic signatures as 1 25 defined in section 554D.103, to complete registration under 1 26 this section. 1 27 d. Sign the electronic voter registration form in a manner 1 28 consistent with electronic signatures as defined in section 1 29 554D.103. 1 30 e. Affirmatively authorize the state commissioner of 1 31 elections to use the registrant's signature obtained from 1 32 the department of transportation or from a commissioner of 1 33 registration for voter registration purposes. 1 34 f. In order for a registrant to register under this section, 1 35 the state commissioner of elections shall verify that the Iowa 2 1 driver's license number, Iowa nonoperator's identification card 2 2 number, last four numerals of the registrant's social security 2 3 number, or the unique identifying number, and date of birth 2 4 provided by the registrant match the information contained in 2 5 department of transportation records or in commissioner of 2 6 registration records. 2 7 3. a. The department of transportation shall, upon 2 8 request, provide to the state commissioner of elections a copy 2 9 of the registrant's signature in electronic format, if the 2 10 registrant's signature is on record with the department of 2 11 transportation. 2 12 b. A commissioner of registration shall, upon request, 2 13 provide to the state commissioner of elections a copy of 2 14 the registrant's signature in electronic format, if the 2 15 registrant's signature is accepted and on record with the 2 16 commissioner of registration pursuant to section 48A.13. 2 17 4. a. The state commissioner of elections shall transmit 2 18 to the appropriate commissioner of registration a registrant's 2 19 completed voter registration form and electronic signature not 2 20 later than five business days after the date of electronic 2 21 submission of the form by the registrant. 2 22 b. The state commissioner of elections shall notify the 2 23 registrant by mail within five business days if a copy of 2 24 the registrant's signature cannot be obtained by the state 2 25 commissioner of elections in electronic format pursuant to 2 26 subsection 3. The state commissioner of elections shall 2 27 include a voter registration form with the notice. 2 28 5. An electronic voter registration form completed under 2 29 this section shall be accompanied by the following statement 2 30 featured prominently on the internet site in boldface capital 2 31 letters: 2 32 WARNING: I UNDERSTAND THAT ANY FALSE STATEMENT IN THIS OATH 2 33 IS A CLASS "D" FELONY PUNISHABLE BY NO MORE THAN FIVE YEARS IN 2 34 CONFINEMENT AND A FINE OF AT LEAST SEVEN HUNDRED FIFTY DOLLARS 2 35 BUT NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS. 3 1 6. An eligible elector who registers pursuant to this 3 2 section and who has not previously voted in an election for 3 3 federal office in the county of registration shall be treated 3 4 as a registrant by mail and is subject to the provisions of 3 5 section 48A.8, subsections 2 through 4. 3 6 Sec. 3. Section 48A.27, subsection 2, paragraph a, Code 3 7 2015, is amended by adding the following new subparagraph: 3 8 NEW SUBPARAGRAPH. (6) A voter registration form submitted 3 9 as provided in section 48A.8A. 3 10 Sec. 4. EFFECTIVE DATE. This Act takes effect January 1, 3 11 2016. 3 12 EXPLANATION 3 13 The inclusion of this explanation does not constitute agreement with 3 14 the explanation's substance by the members of the general assembly. 3 15 This bill permits electronic voter registration from the 3 16 state commissioner of elections' internet site. 3 17 The bill allows an eligible elector to apply to register 3 18 to vote by electronic means by completing and submitting an 3 19 electronic voter registration form provided on the internet 3 20 site for the state commissioner of elections (secretary of 3 21 state). 3 22 The bill requires that an electronic voter registration 3 23 form provide all information that is currently required on 3 24 printed voter registration forms. The bill also requires that 3 25 a registrant seeking to use the electronic voter registration 3 26 form have an Iowa driver's license, Iowa nonoperator's 3 27 identification card, a social security number, or a unique 3 28 identifying number assigned to the registrant for voter 3 29 registration purposes. 3 30 The bill requires that a registrant attest to a statement 3 31 that lists each voter registration eligibility requirement, 3 32 that the registrant meets all of the requirements, and 3 33 acknowledges that the registrant must provide an electronic 3 34 signature, consistent with the definition of that term in Code 3 35 chapter 554D (electronic transactions == computer agreements) 4 1 as part of the uniform electronic transactions Act. The bill 4 2 further requires that a registrant sign the electronic voter 4 3 registration form using such an electronic signature. 4 4 The bill requires that the registrant authorize the 4 5 state commissioner of elections to use the applicant's 4 6 signature obtained from the department of transportation or a 4 7 commissioner of registration for voter registration purposes. 4 8 The state commissioner of elections is required to notify a 4 9 registrant by mail within five business days if a copy of the 4 10 registrant's signature cannot be obtained and is required to 4 11 include a voter registration form with that notice. 4 12 The bill requires that the state commissioner of elections 4 13 verify that the Iowa driver's license, Iowa nonoperator's 4 14 identification card, last four numerals of the registrant's 4 15 social security number, or unique identifying number, and date 4 16 of birth provided by the registrant match the information 4 17 contained in department of transportation records or in 4 18 commissioner of registration records. The bill requires the 4 19 state commissioner of elections to transmit to the appropriate 4 20 commissioner of registration a registrant's completed voter 4 21 registration application and electronic signature not later 4 22 than five business days after the date of submission of the 4 23 application and signature. 4 24 The bill requires that the electronic registration form be 4 25 accompanied by a statement featured prominently in boldface 4 26 capital letters informing the registrant of the penalty 4 27 for providing false information on a voter registration 4 28 application. 4 29 The bill also requires that an electronic voter registration 4 30 registrant who has not previously voted in an election for 4 31 federal office in the county of registration must follow the 4 32 voting requirements of Code section 48A.8 for registrants 4 33 submitting applications by mail under current law and who have 4 34 not previously voted in an election for federal office in the 4 35 county of registration. These provisions under current law 5 1 require that a mail registrant who has not previously voted in 5 2 an election for federal office in the county of registration 5 3 shall be required to provide identification documents when 5 4 voting for the first time in the county, unless the registrant 5 5 provided on the registration form the registrant's Iowa 5 6 driver's license number, the registrant's Iowa nonoperator's 5 7 identification card number, or the last four numerals of the 5 8 registrant's social security number and such information 5 9 provided matches an existing state or federal identification 5 10 record with the same number, name, and date of birth. Code 5 11 section 48A.8 also provides that a registrant who votes in 5 12 person at the polls or by absentee ballot at the commissioner's 5 13 office or at a satellite voting station shall provide a form of 5 14 identification specified in that Code section. Code section 5 15 48A.8 also requires that if a registrant is voting for the 5 16 first time following mail registration and votes an absentee 5 17 ballot by mail, the registrant shall provide a photocopy of the 5 18 identification document when returning the absentee ballot. 5 19 Code section 48A.8 allows a registrant voting in person for the 5 20 first time following submission of a registration form by mail 5 21 to vote a provisional ballot if the voter does not provide the 5 22 required identification documents. 5 23 The bill extends the category for the crime of voter 5 24 registration fraud to include fraudulent electronic 5 25 registration. Registration fraud is a class "D" felony. A 5 26 class "D" felony is punishable by confinement for no more than 5 27 five years and a fine of at least $750 but not more than $7,500. 5 28 The bill takes effect January 1, 2016. LSB 1241YH (3) 86 aw/sc
