Bill Text: IA HF8 | 2011-2012 | 84th General Assembly | Introduced
Bill Title: A bill for an act establishing a requirement for voters to provide certain identification when voting in person at the polling place. (See Cmte. Bill HF 95)
Spectrum: Partisan Bill (Republican 49-0)
Status: (Introduced - Dead) 2011-12-31 - END OF 2011 ACTIONS [HF8 Detail]
Download: Iowa-2011-HF8-Introduced.html
House
File
8
-
Introduced
HOUSE
FILE
8
BY
COWNIE
,
ALONS
,
ANDERSON
,
BALTIMORE
,
BRANDENBURG
,
CHAMBERS
,
DE
BOEF
,
DEYOE
,
DOLECHECK
,
FORRISTALL
,
FRY
,
GARRETT
,
HAGENOW
,
HELLAND
,
HUSEMAN
,
JORGENSEN
,
LOFGREN
,
L.
MILLER
,
S.
OLSON
,
PAUSTIAN
,
PEARSON
,
PETTENGILL
,
RAECKER
,
RASMUSSEN
,
ROGERS
,
SANDS
,
SCHULTE
,
IVERSON
,
J.
SMITH
,
SWEENEY
,
J.
TAYLOR
,
TJEPKES
,
UPMEYER
,
VANDER
LINDEN
,
WATTS
,
WINDSCHITL
,
WORTHAN
,
GRASSLEY
,
SODERBERG
,
HAGER
,
HEATON
,
MOORE
,
LUKAN
,
KLEIN
,
HANUSA
,
BYRNES
,
KOESTER
,
WAGNER
,
and
DRAKE
A
BILL
FOR
An
Act
establishing
a
requirement
for
voters
to
provide
certain
1
identification
when
voting
in
person
at
the
polling
place.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
1214YH
(13)
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H.F.
8
Section
1.
Section
48A.7A,
subsection
1,
paragraph
a,
Code
1
2011,
is
amended
to
read
as
follows:
2
a.
A
person
who
is
eligible
to
register
to
vote
and
to
3
vote
may
register
on
election
day
by
appearing
in
person
at
4
the
polling
place
for
the
precinct
in
which
the
individual
5
resides
and
completing
a
voter
registration
application,
making
6
written
oath,
and
providing
proof
of
identity
and
residence
7
identification
pursuant
to
section
49.77,
subsection
3
.
8
Sec.
2.
Section
48A.7A,
subsection
1,
paragraphs
b
and
c,
9
Code
2011,
are
amended
by
striking
the
paragraphs.
10
Sec.
3.
Section
48A.7A,
subsections
2
and
3,
Code
2011,
are
11
amended
to
read
as
follows:
12
2.
The
oath
required
in
subsection
1
,
paragraph
“a”
,
and
in
13
paragraph
“c”
,
if
applicable,
shall
be
attached
to
the
voter
14
registration
application.
15
3.
At
any
time
before
election
day,
and
after
the
deadline
16
for
registration
in
section
48A.9
,
a
person
who
appears
in
17
person
at
the
commissioner’s
office
or
at
a
satellite
absentee
18
voting
station
or
whose
ballot
is
delivered
to
a
health
care
19
facility
pursuant
to
section
53.22
may
register
to
vote
and
20
vote
an
absentee
ballot
by
following
the
procedure
in
this
21
section
for
registering
to
vote
on
election
day.
A
person
who
22
wishes
to
vote
in
person
at
the
polling
place
on
election
day
23
and
who
has
not
registered
to
vote
before
the
deadline
for
24
registering
in
section
48A.9
,
is
required
to
register
to
vote
25
at
the
polling
place
on
election
day
following
the
procedure
26
in
this
section
.
However,
the
person
may
complete
the
voter
27
registration
application
at
the
commissioner’s
office
and,
28
after
the
commissioner
has
reviewed
the
completed
application,
29
may
present
the
application
to
the
appropriate
precinct
30
election
official
along
with
proof
of
identity
and
residency
31
identification
.
32
Sec.
4.
Section
48A.7A,
subsection
4,
paragraph
b,
Code
33
2011,
is
amended
by
striking
the
paragraph.
34
Sec.
5.
Section
48A.8,
Code
2011,
is
amended
by
striking
the
35
-1-
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1214YH
(13)
84
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1/
9
H.F.
8
section
and
inserting
in
lieu
thereof
the
following:
1
48A.8
Registration
by
mail.
2
An
eligible
elector
may
register
to
vote
by
completing
a
3
mail
registration
form.
The
completed
form
may
be
mailed
or
4
delivered
by
the
registrant
or
the
registrant’s
designee
to
5
the
commissioner
in
the
county
where
the
person
resides.
A
6
separate
registration
form
shall
be
signed
by
each
individual
7
registrant.
8
Sec.
6.
Section
48A.25A,
subsection
1,
paragraph
a,
Code
9
2011,
is
amended
to
read
as
follows:
10
a.
Upon
receipt
of
an
application
for
voter
registration,
11
the
commissioner
of
registration
shall
compare
the
Iowa
12
driver’s
license
number,
the
Iowa
nonoperator’s
identification
13
card
number,
or
the
last
four
numerals
of
the
social
security
14
number
provided
by
the
registrant
with
the
records
of
the
15
state
department
of
transportation.
To
be
verified,
the
16
voter
registration
record
shall
contain
the
same
name,
17
date
of
birth,
and
Iowa
driver’s
license
number
or
Iowa
18
nonoperator’s
identification
card
number
or
whole
or
partial
19
social
security
number
as
the
records
of
the
state
department
20
of
transportation.
If
the
information
cannot
be
verified,
the
21
application
shall
be
recorded
and
the
status
of
the
voter’s
22
record
shall
be
designated
as
pending
status.
The
commissioner
23
of
registration
shall
notify
the
applicant
that
the
applicant
24
is
required
to
present
identification
described
in
section
25
48A.8,
subsection
2
,
before
voting
for
the
first
time
in
the
26
county.
If
the
information
can
be
verified,
a
record
shall
be
27
made
of
the
verification
and
the
status
of
the
voter’s
record
28
shall
be
designated
as
active
status.
29
Sec.
7.
Section
48A.26,
Code
2011,
is
amended
by
adding
the
30
following
new
subsection:
31
NEW
SUBSECTION
.
10.
An
acknowledgment
mailed
pursuant
32
to
subsection
2
or
4
shall
include
a
statement
informing
the
33
registered
voter
that
the
voter
is
required
to
show
proof
of
34
identification
as
provided
in
section
49.77
before
the
person
35
-2-
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8
will
be
allowed
to
vote.
1
Sec.
8.
Section
48A.27,
subsection
4,
paragraph
c,
2
subparagraph
(2),
Code
2011,
is
amended
to
read
as
follows:
3
(2)
The
notice
shall
contain
a
statement
in
substantially
4
the
following
form:
5
Information
received
from
the
United
States
postal
service
6
indicates
that
you
are
no
longer
a
resident
of,
and
therefore
7
not
eligible
to
vote
in
(name
of
county)
County,
Iowa.
If
this
8
information
is
not
correct,
and
you
still
live
in
(name
of
9
county)
County,
please
complete
and
mail
the
attached
postage
10
paid
card
at
least
ten
days
before
the
primary
or
general
11
election
and
at
least
eleven
days
before
any
other
election
at
12
which
you
wish
to
vote.
If
the
information
is
correct
and
you
13
have
moved,
please
contact
a
local
official
in
your
new
area
14
for
assistance
in
registering
there.
If
you
do
not
mail
in
15
the
card,
you
may
be
required
to
show
identification
before
16
being
allowed
to
vote
in
(name
of
county)
County.
If
you
do
not
17
return
the
card,
and
you
do
not
vote
in
an
election
in
(name
18
of
county)
County,
Iowa,
on
or
before
(date
of
second
general
19
election
following
the
date
of
the
notice)
your
name
will
be
20
removed
from
the
list
of
voters
in
that
county.
21
Sec.
9.
Section
48A.29,
subsection
1,
paragraph
b,
Code
22
2011,
is
amended
to
read
as
follows:
23
b.
The
notice
shall
contain
a
statement
in
substantially
the
24
following
form:
25
Information
received
from
the
United
States
postal
service
26
indicates
that
you
are
no
longer
a
resident
of
(residence
27
address)
in
(name
of
county)
County,
Iowa.
If
this
information
28
is
not
correct,
and
you
still
live
in
(name
of
county)
County,
29
please
complete
and
mail
the
attached
postage
paid
card
at
30
least
ten
days
before
the
primary
or
general
election
and
at
31
least
eleven
days
before
any
other
election
at
which
you
wish
32
to
vote.
If
the
information
is
correct,
and
you
have
moved,
33
please
contact
a
local
official
in
your
new
area
for
assistance
34
in
registering
there.
If
you
do
not
mail
in
the
card,
you
may
35
-3-
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1214YH
(13)
84
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3/
9
H.F.
8
be
required
to
show
identification
before
being
allowed
to
vote
1
in
(name
of
county)
County.
If
you
do
not
return
the
card,
and
2
you
do
not
vote
in
some
election
in
(name
of
county)
County,
3
Iowa,
on
or
before
(date
of
second
general
election
following
4
the
date
of
the
notice)
your
name
will
be
removed
from
the
list
5
of
voters
in
that
county.
6
Sec.
10.
Section
48A.29,
subsection
3,
paragraph
b,
Code
7
2011,
is
amended
to
read
as
follows:
8
b.
The
notice
shall
contain
a
statement
in
substantially
the
9
following
form:
10
Information
received
by
this
office
indicates
that
you
are
no
11
longer
a
resident
of
(residence
address)
in
(name
of
county)
12
County,
Iowa.
If
the
information
is
not
correct,
and
you
still
13
live
at
that
address,
please
complete
and
mail
the
attached
14
postage
paid
card
at
least
ten
days
before
the
primary
or
15
general
election
and
at
least
eleven
days
before
any
other
16
election
at
which
you
wish
to
vote.
If
the
information
is
17
correct,
and
you
have
moved
within
the
county,
you
may
update
18
your
registration
by
listing
your
new
address
on
the
card
and
19
mailing
it
back.
If
you
have
moved
outside
the
county,
please
20
contact
a
local
official
in
your
new
area
for
assistance
in
21
registering
there.
If
you
do
not
mail
in
the
card,
you
may
be
22
required
to
show
identification
before
being
allowed
to
vote
in
23
(name
of
county)
County.
If
you
do
not
return
the
card,
and
you
24
do
not
vote
in
some
election
in
(name
of
county)
County,
Iowa,
25
on
or
before
(date
of
second
general
election
following
the
26
date
of
the
notice)
your
name
will
be
removed
from
the
list
of
27
registered
voters
in
that
county.
28
Sec.
11.
Section
48A.37,
subsection
2,
Code
2011,
is
amended
29
to
read
as
follows:
30
2.
Electronic
records
shall
include
a
status
code
31
designating
whether
the
records
are
active,
inactive,
32
incomplete,
pending,
or
canceled.
Inactive
records
are
records
33
of
registered
voters
to
whom
notices
have
been
sent
pursuant
34
to
section
48A.28,
subsection
3
,
and
who
have
not
returned
35
-4-
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1214YH
(13)
84
sc/nh
4/
9
H.F.
8
the
card
or
otherwise
responded
to
the
notice,
and
those
1
records
have
been
designated
inactive
pursuant
to
section
2
48A.29
.
Inactive
records
are
also
records
of
registered
3
voters
to
whom
notices
have
been
sent
pursuant
to
section
4
48A.26A
and
who
have
not
responded
to
the
notice.
Incomplete
5
records
are
records
missing
required
information
pursuant
to
6
section
48A.11,
subsection
8
.
Pending
records
are
records
of
7
applicants
whose
applications
have
not
been
verified
pursuant
8
to
section
48A.25A
.
Canceled
records
are
records
that
have
9
been
canceled
pursuant
to
section
48A.30
.
All
other
records
10
are
active
records.
An
inactive
record
shall
be
made
active
11
when
the
registered
voter
requests
an
absentee
ballot,
votes
12
at
an
election,
registers
again,
or
reports
a
change
of
name,
13
address,
telephone
number,
or
political
party
or
organization
14
affiliation.
An
incomplete
record
shall
be
made
active
when
15
a
completed
application
is
received
from
the
applicant
and
16
verified
pursuant
to
section
48A.25A
.
A
pending
record
shall
17
be
made
active
upon
verification
or
upon
the
voter
providing
18
identification
pursuant
to
section
48A.8
.
19
Sec.
12.
Section
49.77,
subsection
3,
Code
2011,
is
amended
20
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
21
following:
22
3.
a.
A
precinct
election
official
shall
require
the
voter
23
to
produce
for
inspection
proof
of
identification
before
being
24
allowed
to
vote.
25
b.
For
purposes
of
this
section,
“proof
of
identification”
26
refers
to
a
document
that
satisfies
all
of
the
following:
27
(1)
The
document
shows
the
name
of
the
individual
to
whom
28
the
document
was
issued
which
shall
conform
to
the
name
on
the
29
election
register.
30
(2)
The
document
shows
a
photograph
of
the
individual
to
31
whom
it
was
issued.
32
(3)
The
document
contains
an
expiration
date
that
has
33
not
passed
as
of
the
date
of
the
election
for
which
proof
of
34
identification
is
required.
35
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5/
9
H.F.
8
(4)
The
document
was
issued
by
the
government
of
the
United
1
States
or
the
state
of
Iowa.
2
c.
If
a
voter
is
unable
or
refuses
to
present
proof
of
3
identification
or
the
precinct
election
official
determines
4
the
proof
of
identification
provided
by
the
voter
does
not
5
qualify
as
proof
of
identification
under
paragraph
“b”
,
6
the
precinct
election
official
shall
challenge
the
voter
as
7
provided
in
section
49.80.
If
the
voter
is
challenged
under
8
this
paragraph,
the
voter
shall
be
offered
the
option
to
vote
a
9
ballot,
but
only
in
accordance
with
section
49.81.
10
Sec.
13.
Section
49.77,
Code
2011,
is
amended
by
adding
the
11
following
new
subsection:
12
NEW
SUBSECTION
.
3A.
If
proof
of
identification
is
13
established
under
subsection
3
to
the
satisfaction
of
the
14
precinct
election
officials,
the
person
may
then
be
allowed
to
15
vote.
16
Sec.
14.
Section
49.77,
subsection
4,
paragraphs
a
and
b,
17
Code
2011,
are
amended
to
read
as
follows:
18
a.
A
person
whose
name
does
not
appear
on
the
election
19
register
of
the
precinct
in
which
that
person
claims
the
right
20
to
vote
shall
not
be
permitted
to
vote,
unless
the
person
21
affirms
that
the
person
is
currently
registered
in
the
county
22
and
presents
proof
of
identity
identification
pursuant
to
23
subsection
3
,
or
the
commissioner
informs
the
precinct
election
24
officials
that
an
error
has
occurred
and
that
the
person
is
a
25
registered
voter
of
that
precinct.
If
the
commissioner
finds
26
no
record
of
the
person’s
registration
but
the
person
insists
27
that
the
person
is
a
registered
voter
of
that
precinct,
the
28
precinct
election
officials
shall
allow
the
person
to
cast
a
29
ballot
in
the
manner
prescribed
by
section
49.81
.
30
b.
If
the
voter
informs
the
precinct
election
official
that
31
the
voter
resides
in
the
precinct
and
is
not
registered
to
32
vote,
the
voter
may
register
to
vote
pursuant
to
section
48A.7A
33
and
cast
a
ballot.
If
such
a
voter
is
unable
to
establish
34
identity
and
residency
in
the
manner
provided
in
section
35
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1214YH
(13)
84
sc/nh
6/
9
H.F.
8
48A.7A,
subsection
1
,
paragraph
“b”
or
“c”
,
the
voter
shall
be
1
allowed
to
cast
a
ballot
in
the
manner
prescribed
by
section
2
49.81
.
3
Sec.
15.
Section
49.79,
subsection
2,
Code
2011,
is
amended
4
by
adding
the
following
new
paragraph:
5
NEW
PARAGRAPH
.
h.
The
challenged
person
was
unable
or
6
refused
to
provide
proof
of
identification,
or
provided
7
insufficient
proof
of
identification,
pursuant
to
section
8
49.77,
subsection
3.
9
Sec.
16.
Section
49.81,
subsection
1,
Code
2011,
is
amended
10
to
read
as
follows:
11
1.
A
prospective
voter
who
is
prohibited
under
section
12
48A.8,
subsection
4
,
section
49.77,
subsection
3
or
4
,
section
13
49.80
,
or
section
53.19,
subsection
3
,
from
voting
except
under
14
this
section
shall
be
notified
by
the
appropriate
precinct
15
election
official
that
the
voter
may
cast
a
provisional
16
ballot.
The
voter
shall
mark
the
ballot
and
immediately
17
seal
it
in
an
envelope
of
the
type
prescribed
by
subsection
18
4
.
The
voter
shall
deliver
the
sealed
envelope
to
a
precinct
19
election
official
who
shall
deposit
it
in
an
envelope
marked
20
“provisional
ballots”.
The
ballot
shall
be
considered
as
21
having
been
cast
in
the
special
precinct
established
by
section
22
53.20
for
purposes
of
the
postelection
canvass.
23
Sec.
17.
Section
49.81,
subsection
2,
paragraph
b,
Code
24
2011,
is
amended
to
read
as
follows:
25
b.
If
the
person
is
casting
a
provisional
ballot
because
the
26
person
failed
was
unable
or
refused
to
provide
a
required
form
27
proof
of
identification
under
section
49.77,
subsection
3
,
a
28
list
of
the
types
of
acceptable
identification
and
notification
29
that
the
person
must
show
identification
or
execute
an
30
affidavit
pursuant
to
subsection
5
before
the
ballot
can
be
31
counted.
32
Sec.
18.
Section
49.81,
Code
2011,
is
amended
by
adding
the
33
following
new
subsection:
34
NEW
SUBSECTION
.
5.
a.
If
a
voter
casts
a
provisional
35
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1214YH
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9
H.F.
8
ballot
pursuant
to
section
49.77,
subsection
3,
the
precinct
1
election
official
shall
indicate
on
the
provisional
ballot
2
envelope
that
the
voter
was
challenged
for
the
voter’s
3
inability
or
refusal
to
provide
proof
of
identification.
4
b.
No
later
than
the
Monday
following
the
election,
a
voter
5
challenged
pursuant
to
section
49.77,
subsection
3,
paragraph
6
“c”
,
shall
appear
before
the
absentee
ballot
and
special
voters
7
precinct
election
board
and
execute
an
affidavit
in
the
form
8
prescribed
by
the
state
commissioner,
affirming
that
the
voter
9
is
the
same
individual
who
personally
appeared
before
the
10
precinct
election
board
and
cast
the
provisional
ballot
on
11
election
day
and
further
affirming
either
of
the
following:
12
(1)
The
voter
is
indigent
and
unable
to
obtain
proof
of
13
identification
without
the
payment
of
a
fee.
14
(2)
The
voter
has
a
religious
objection
to
being
15
photographed.
16
c.
If
the
board
determines
that
the
voter
has
been
17
challenged
solely
for
the
inability
or
refusal
of
the
voter
to
18
provide
proof
of
identification,
the
board
shall
find
that
the
19
provisional
ballot
is
valid
and
direct
that
it
be
counted.
20
Sec.
19.
Section
53.38,
Code
2011,
is
amended
to
read
as
21
follows:
22
53.38
What
constitutes
registration.
23
Whenever
a
ballot
is
requested
pursuant
to
section
53.39
or
24
53.45
on
behalf
of
a
voter
in
the
armed
forces
of
the
United
25
States,
the
affidavit
upon
the
affidavit
envelope
of
such
26
voter,
if
the
voter
is
found
to
be
an
eligible
elector
of
the
27
county
to
which
the
ballot
is
submitted,
shall
constitute
28
a
sufficient
registration
under
chapter
48A
.
A
completed
29
federal
postcard
registration
and
federal
absentee
ballot
30
request
form
submitted
by
such
eligible
elector
shall
also
31
constitute
a
sufficient
registration
under
chapter
48A
.
The
32
commissioner
shall
place
the
voter’s
name
on
the
registration
33
record
as
a
registered
voter
if
it
does
not
already
appear
34
there.
The
identification
requirements
of
section
48A.8
and
35
-8-
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9
H.F.
8
the
verification
requirements
of
section
48A.25A
do
not
apply
1
to
persons
who
register
to
vote
under
this
division
.
2
EXPLANATION
3
This
bill
requires
that
all
voters
show
proof
of
4
identification,
as
defined
in
the
bill,
before
being
allowed
to
5
vote
at
the
polls.
6
The
bill
allows
a
voter
to
cast
a
provisional
ballot
in
7
certain
circumstances
where
the
voter
is
unable
to
provide
or
8
refuses
to
provide
the
required
proof
of
identification.
If
9
a
voter
casts
a
provisional
ballot
for
this
reason,
the
voter
10
has
until
the
Monday
following
the
election
to
appear
before
11
the
absentee
ballot
and
special
voters
precinct
election
board
12
to
execute
an
affidavit.
13
The
bill
amends
Code
section
48A.7A,
relating
to
election
14
day
and
in-person
absentee
voter
registration,
to
require
that
15
the
forms
of
identification
necessary
to
register
in
this
16
manner
are
the
same
forms
of
proof
of
identification
necessary
17
to
vote.
The
Code
section
is
also
amended
to
strike
the
18
provision
allowing
another
registered
voter
to
sign
an
oath
19
affirming
a
registrant’s
identity
and
residency.
20
The
bill
makes
corresponding
amendments
regarding
21
identification
requirements
for
certain
persons
who
register
to
22
vote
by
mail
and
for
registered
voters
who
do
not
respond
to
a
23
confirmation
card
sent
by
the
county
commissioner
of
elections.
24
-9-
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sc/nh
9/
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