Bill Text: IA HF79 | 2017-2018 | 87th General Assembly | Introduced

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Bill Title: A bill for an act restoring the right to register to vote and to vote and hold elective office for certain persons and including effective date provisions.

Spectrum: Partisan Bill (Democrat 8-0)

Status: (Introduced - Dead) 2017-01-26 - Subcommittee: Koester, Highfill and Hunter. H.J. 130. [HF79 Detail]

Download: Iowa-2017-HF79-Introduced.html

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House File 79 - Introduced




                                 HOUSE FILE       
                                 BY  HUNTER, KEARNS,
                                     LENSING, KACENA,
                                     OLDSON, STAED,
                                     BENNETT, and MASCHER

                                      A BILL FOR

  1 An Act  restoring the right to register to vote and to vote
  2    and hold elective office for certain persons and including
  3    effective date provisions.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
    TLSB 1834YH (3) 87
    aw/sc

PAG LIN



  1  1    Section 1.  Section 39A.1, subsection 2, Code 2017, is
  1  2 amended to read as follows:
  1  3    2.  The purpose of this chapter is to identify actions which
  1  4 threaten the integrity of the election process and to impose
  1  5 significant sanctions upon persons who intentionally commit
  1  6 those acts. It is the intent of the general assembly that
  1  7 offenses with the greatest potential to affect the election
  1  8 process be vigorously prosecuted and strong punishment meted
  1  9 out through the imposition of felony sanctions which, as a
  1 10 consequence, remove the voting rights of the offenders until
  1 11 such rights are restored by the governor, by the president of
  1 12 the United States, or by operation of law. Other offenses are
  1 13 still considered serious, but based on the factual context in
  1 14 which they arise, they may not rise to the level of offenses
  1 15 to which felony penalties attach. The general assembly
  1 16 also recognizes that instances may arise in which technical
  1 17 infractions of chapters 39 through 53 may occur which do not
  1 18 merit any level of criminal sanction. In such instances,
  1 19 administrative notice from the state or county commissioner
  1 20 of elections is sufficient. Mandates or proscriptions in
  1 21 chapters 39 through 53 which are not specifically included in
  1 22 this chapter shall be considered to be directive only, without
  1 23 criminal sanction.
  1 24    Sec. 2.  Section 43.18, subsection 9, Code 2017, is amended
  1 25 to read as follows:
  1 26    9.  A statement that the candidate is aware that the
  1 27 candidate is disqualified from holding office if the candidate
  1 28 has been convicted of a felony or other infamous crime and the
  1 29 candidate's rights have not been restored by the governor, or
  1 30  by the president of the United States, or by operation of law.
  1 31    Sec. 3.  Section 43.67, subsection 2, paragraph i, Code 2017,
  1 32 is amended to read as follows:
  1 33    i.  A statement that the candidate is aware that the
  1 34 candidate is disqualified from holding office if the candidate
  1 35 has been convicted of a felony or other infamous crime and the
  2  1 candidate's rights have not been restored by the governor, or
  2  2  by the president of the United States, or by operation of law.
  2  3    Sec. 4.  Section 44.3, subsection 2, paragraph i, Code 2017,
  2  4 is amended to read as follows:
  2  5    i.  A statement that the candidate is aware that the
  2  6 candidate is disqualified from holding office if the candidate
  2  7 has been convicted of a felony or other infamous crime and the
  2  8 candidate's rights have not been restored by the governor, or
  2  9  by the president of the United States, or by operation of law.
  2 10    Sec. 5.  Section 45.3, subsection 9, Code 2017, is amended
  2 11 to read as follows:
  2 12    9.  A statement that the candidate is aware that the
  2 13 candidate is disqualified from holding office if the candidate
  2 14 has been convicted of a felony or other infamous crime and the
  2 15 candidate's rights have not been restored by the governor, or
  2 16  by the president of the United States, or by operation of law.
  2 17    Sec. 6.  Section 48A.6, subsection 1, Code 2017, is amended
  2 18 to read as follows:
  2 19    1.  A person who has been convicted of a felony as defined
  2 20 in section 701.7, or convicted of an offense classified as a
  2 21 felony under federal law. If the person's rights are later
  2 22 restored by the governor, or by the president of the United
  2 23 States, pursuant to section 914.8, or by a pardon issued by the
  2 24 governor or the president of the United States, the person may
  2 25 register to vote.
  2 26    Sec. 7.  Section 57.1, subsection 2, paragraph c, Code 2017,
  2 27 is amended to read as follows:
  2 28    c.  That prior to the election the incumbent had been duly
  2 29 convicted of a felony, as defined in section 701.7, and that
  2 30 the judgment had not been reversed, annulled, or set aside, nor
  2 31 the incumbent pardoned by the governor or the president of the
  2 32 United States or restored to the rights of citizenship by the
  2 33 governor under chapter 914 pursuant to section 914.8, at the
  2 34 time of the election.
  2 35    Sec. 8.  Section 123.3, subsection 34, paragraph d, Code
  3  1 2017, is amended to read as follows:
  3  2    d.  The person has not been convicted of a felony. However,
  3  3 if the person's conviction of a felony occurred more than five
  3  4 years before the date of the application for a license or
  3  5 permit, and if the person's rights of citizenship have been
  3  6 restored by the governor pursuant to sections 914.1 through
  3  7 914.6, the administrator may determine that the person is of
  3  8 good moral character notwithstanding such conviction.
  3  9    Sec. 9.  Section 161A.5, subsection 3, paragraph b, Code
  3 10 2017, is amended to read as follows:
  3 11    b.  Every candidate shall file with the nomination papers
  3 12 an affidavit stating the candidate's name, the candidate's
  3 13 residence, that the person is a candidate and is eligible for
  3 14 the office of commissioner, and that if elected the candidate
  3 15 will qualify for the office. The affidavit shall also state
  3 16 that the candidate is aware that the candidate is disqualified
  3 17 from holding office if the candidate has been convicted of a
  3 18 felony or other infamous crime and the candidate's rights have
  3 19 not been restored by the governor, or by the president of the
  3 20 United States, or by operation of law.
  3 21    Sec. 10.  Section 277.4, subsection 2, paragraph b, Code
  3 22 2017, is amended to read as follows:
  3 23    b.  Signers of nomination petitions shall include their
  3 24 addresses and the date of signing, and must reside in the same
  3 25 director district as the candidate if directors are elected
  3 26 by the voters of a director district, rather than at=large.
  3 27 A person may sign nomination petitions for more than one
  3 28 candidate for the same office, and the signature is not invalid
  3 29 solely because the person signed nomination petitions for
  3 30 one or more other candidates for the office. The petition
  3 31 shall be filed with the affidavit of the candidate being
  3 32 nominated, stating the candidate's name, place of residence,
  3 33 that such person is a candidate and is eligible for the office
  3 34 the candidate seeks, and that if elected the candidate will
  3 35 qualify for the office. The affidavit shall also state that
  4  1 the candidate is aware that the candidate is disqualified
  4  2 from holding office if the candidate has been convicted of a
  4  3 felony or other infamous crime and the candidate's rights have
  4  4 not been restored by the governor, or by the president of the
  4  5 United States, or by operation of law.
  4  6    Sec. 11.  Section 376.4, subsection 2, paragraph b, Code
  4  7 2017, is amended to read as follows:
  4  8    b.  The petition must include the affidavit of the individual
  4  9 for whom it is filed, stating the individual's name, the
  4 10 individual's residence, that the individual is a candidate and
  4 11 eligible for the office, and that if elected the individual
  4 12 will qualify for the office. The affidavit shall also state
  4 13 that the candidate is aware that the candidate is disqualified
  4 14 from holding office if the candidate has been convicted of a
  4 15 felony or other infamous crime and the candidate's rights have
  4 16 not been restored by the governor, or by the president of the
  4 17 United States, or by operation of law.
  4 18    Sec. 12.  Section 914.2, Code 2017, is amended to read as
  4 19 follows:
  4 20    914.2  Right of application.
  4 21    Except as otherwise provided in section 902.2 or 914.8, a
  4 22 person convicted of a criminal offense has the right to make
  4 23 application to the board of parole for recommendation or to
  4 24 the governor for a reprieve, pardon, commutation of sentence,
  4 25 remission of fines or forfeitures, or restoration of rights of
  4 26 citizenship at any time following the conviction.
  4 27    Sec. 13.  NEW SECTION.  914.8  Restoration of right to
  4 28 register and to vote.
  4 29    1.  A person convicted of a felony criminal offense who has
  4 30 been discharged from probation, parole, or work release or
  4 31 who is released from confinement under section 902.6 because
  4 32 the person has completed the person's term of confinement
  4 33 shall have the person's right to register to vote and to vote
  4 34 restored.
  4 35    2.  As soon as practicable, the department of corrections
  5  1 or judicial district department of correctional services,
  5  2 whichever is applicable, shall provide written notice to each
  5  3 person, as described in subsection 1, who, on or after January
  5  4 14, 2011, has been discharged from probation, parole, or work
  5  5 release or who, on or after January 14, 2011, has completed a
  5  6 term of confinement, that the person's right to register to
  5  7 vote and to vote has been restored. The notice shall include a
  5  8 voter registration form.
  5  9    3.  The department of corrections shall monthly provide a
  5 10 list of all persons notified under subsection 2 in the previous
  5 11 month to the state registrar of voters who shall provide the
  5 12 information to the county registrars of voters as deemed
  5 13 necessary.
  5 14    4.  A person described in subsection 1 may still make
  5 15 application for a restoration of citizenship rights pursuant
  5 16 to sections 914.1 through 914.6. Such an application, unless
  5 17 withdrawn, shall be processed as required by this chapter.
  5 18    5.  This section shall not relieve a person of any unpaid
  5 19 restitution, fine, or other obligation resulting from
  5 20 conviction.
  5 21    Sec. 14.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed
  5 22 of immediate importance, takes effect upon enactment.
  5 23                           EXPLANATION
  5 24 The inclusion of this explanation does not constitute agreement with
  5 25 the explanation's substance by the members of the general assembly.
  5 26    This bill enacts new Code section 914.8 which requires
  5 27 that, upon discharge from certain felony criminal sentences,
  5 28 citizenship rights related to voting and qualification for
  5 29 public office must be restored.
  5 30    The bill requires that the right to register to vote and to
  5 31 vote be restored for any individual who has been discharged
  5 32 from criminal sentence for any felony. To be discharged from
  5 33 criminal sentence, under the bill, an individual must also be
  5 34 discharged from any accompanying term of probation, parole,
  5 35 or supervised release. The restoration of citizenship rights
  6  1 provided for under the bill shall only extend to the right to
  6  2 register to vote and to vote and to hold elective office, and
  6  3 would not include any other citizenship rights. The bill does
  6  4 not relieve the individual of unpaid restitution, fines, or
  6  5 other obligations resulting from conviction. The bill does not
  6  6 limit an individual's ability to apply to the governor for a
  6  7 restoration of citizenship rights, as currently provided for in
  6  8 Code chapter 914.
  6  9    The bill requires that the department of corrections notify
  6 10 an individual whose right to register to vote and to vote
  6 11 has been restored on or after January 14, 2011. The bill
  6 12 requires, where applicable, the judicial district department of
  6 13 correctional services to notify an individual whose rights have
  6 14 been restored. The department of corrections is also required
  6 15 to monthly provide a list of the individuals notified to the
  6 16 state registrar of voters (secretary of state).
  6 17    The bill takes effect upon enactment.
       LSB 1834YH (3) 87
       aw/sc