Bill Text: IA HF80 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act defining infamous crime as election misconduct in the first degree that is vote fraud for the purposes of disqualifying a person from registering to vote and voting and from being a candidate for certain elective offices and limiting such disqualifications to the term of the sentence.
Spectrum: Partisan Bill (Democrat 12-0)
Status: (Introduced - Dead) 2019-01-24 - Introduced, referred to Judiciary. H.J. 139. [HF80 Detail]
Download: Iowa-2019-HF80-Introduced.html
House
File
80
-
Introduced
HOUSE
FILE
80
BY
HUNTER
,
KONFRST
,
STAED
,
STECKMAN
,
MASCHER
,
BEARINGER
,
OLDSON
,
KURTZ
,
LENSING
,
WESSEL-KROESCHELL
,
JACOBY
,
and
McCONKEY
A
BILL
FOR
An
Act
defining
infamous
crime
as
election
misconduct
in
1
the
first
degree
that
is
vote
fraud
for
the
purposes
of
2
disqualifying
a
person
from
registering
to
vote
and
voting
3
and
from
being
a
candidate
for
certain
elective
offices
and
4
limiting
such
disqualifications
to
the
term
of
the
sentence.
5
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
6
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Section
1.
Section
39.3,
subsection
8,
Code
2019,
is
amended
1
to
read
as
follows:
2
8.
“Infamous
crime”
means
a
felony
election
misconduct
in
3
the
first
degree
that
is
vote
fraud
as
defined
described
in
4
section
701.7
39A.2,
subsection
1,
paragraph
“b”
,
or
an
offense
5
classified
as
a
felony
under
federal
law
and
shall
not
include
6
any
misdemeanor
or
other
felony.
A
person’s
disqualification
7
on
account
of
the
person’s
conviction
of
an
infamous
crime
8
pursuant
to
Article
II,
section
5
of
the
Constitution
of
the
9
State
of
Iowa
is
limited
in
duration
to
the
period
of
the
10
person’s
sentence,
and
the
person’s
right
to
vote
is
restored
11
automatically
upon
the
person’s
successful
discharge
of
the
12
criminal
conviction,
including
any
period
of
probation
or
13
parole,
regardless
of
the
person’s
payment
of
fines,
fees,
or
14
restitution
.
15
Sec.
2.
Section
39A.1,
subsection
2,
Code
2019,
is
amended
16
to
read
as
follows:
17
2.
The
purpose
of
this
chapter
is
to
identify
actions
which
18
threaten
the
integrity
of
the
election
process
and
to
impose
19
significant
sanctions
upon
persons
who
intentionally
commit
20
those
acts.
It
is
the
intent
of
the
general
assembly
that
21
offenses
with
the
greatest
potential
to
affect
the
election
22
process
be
vigorously
prosecuted
and
strong
punishment
meted
23
out
through
the
imposition
of
felony
sanctions
which,
as
24
a
consequence,
remove
the
voting
rights
of
the
offenders
.
25
Other
offenses
are
still
considered
serious,
but
based
on
the
26
factual
context
in
which
they
arise,
they
may
not
rise
to
27
the
level
of
offenses
to
which
felony
penalties
attach.
The
28
general
assembly
also
recognizes
that
instances
may
arise
in
29
which
technical
infractions
of
chapters
39
through
53
may
30
occur
which
do
not
merit
any
level
of
criminal
sanction.
31
In
such
instances,
administrative
notice
from
the
state
or
32
county
commissioner
of
elections
is
sufficient.
Mandates
33
or
proscriptions
in
chapters
39
through
53
which
are
not
34
specifically
included
in
this
chapter
shall
be
considered
to
be
35
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directive
only,
without
criminal
sanction.
1
Sec.
3.
Section
43.18,
subsection
9,
Code
2019,
is
amended
2
to
read
as
follows:
3
9.
A
statement
that
the
candidate
is
aware
that
the
4
candidate
is
disqualified
from
holding
office
if
the
candidate
5
has
been
convicted
of
a
felony
or
other
an
infamous
crime
as
6
defined
in
section
39.3
and
the
candidate’s
rights
have
not
7
been
restored
by
the
governor
,
or
by
the
president
of
the
8
United
States
,
or
by
operation
of
section
39.3
.
9
Sec.
4.
Section
43.67,
subsection
2,
paragraph
i,
Code
2019,
10
is
amended
to
read
as
follows:
11
i.
A
statement
that
the
candidate
is
aware
that
the
12
candidate
is
disqualified
from
holding
office
if
the
candidate
13
has
been
convicted
of
a
felony
or
other
an
infamous
crime
as
14
defined
in
section
39.3
and
the
candidate’s
rights
have
not
15
been
restored
by
the
governor
,
or
by
the
president
of
the
16
United
States
,
or
by
operation
of
section
39.3
.
17
Sec.
5.
Section
44.3,
subsection
2,
paragraph
i,
Code
2019,
18
is
amended
to
read
as
follows:
19
i.
A
statement
that
the
candidate
is
aware
that
the
20
candidate
is
disqualified
from
holding
office
if
the
candidate
21
has
been
convicted
of
a
felony
or
other
an
infamous
crime
as
22
defined
in
section
39.3
and
the
candidate’s
rights
have
not
23
been
restored
by
the
governor
,
or
by
the
president
of
the
24
United
States
,
or
by
operation
of
section
39.3
.
25
Sec.
6.
Section
45.3,
subsection
9,
Code
2019,
is
amended
26
to
read
as
follows:
27
9.
A
statement
that
the
candidate
is
aware
that
the
28
candidate
is
disqualified
from
holding
office
if
the
candidate
29
has
been
convicted
of
a
felony
or
other
an
infamous
crime
as
30
defined
in
section
39.3
and
the
candidate’s
rights
have
not
31
been
restored
by
the
governor
,
or
by
the
president
of
the
32
United
States
,
or
by
operation
of
section
39.3
.
33
Sec.
7.
Section
47.7,
subsection
2,
paragraph
a,
Code
2019,
34
is
amended
to
read
as
follows:
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a.
On
or
before
January
1,
2006,
the
state
registrar
of
1
voters
shall
implement
in
a
uniform
and
nondiscriminatory
2
manner,
a
single,
uniform,
official,
centralized,
interactive
3
computerized
statewide
voter
registration
file
defined,
4
maintained,
and
administered
at
the
state
level
that
contains
5
the
name
and
registration
information
of
every
legally
6
registered
voter
in
the
state
and
assigns
a
unique
identifier
7
to
each
legally
registered
voter
in
the
state.
The
state
voter
8
registration
system
shall
be
coordinated
with
other
agency
9
databases
within
the
state,
including
,
but
not
limited
to
,
10
state
department
of
transportation
driver’s
license
records,
11
judicial
records
of
convicted
felons
persons
convicted
of
12
infamous
crimes
as
defined
in
section
39.3
and
persons
declared
13
incompetent
to
vote,
and
Iowa
department
of
public
health
14
records
of
deceased
persons.
15
Sec.
8.
Section
48A.6,
subsection
1,
Code
2019,
is
amended
16
to
read
as
follows:
17
1.
A
person
who
has
been
convicted
of
a
felony
an
infamous
18
crime
as
defined
in
section
701.7,
or
convicted
of
an
offense
19
classified
as
a
felony
under
federal
law
39.3
.
If
the
person’s
20
rights
are
later
restored
by
the
governor,
or
by
the
president
21
of
the
United
States,
or
by
operation
of
section
39.3,
the
22
person
may
register
to
vote.
23
Sec.
9.
Section
48A.14,
subsection
1,
paragraph
e,
Code
24
2019,
is
amended
to
read
as
follows:
25
e.
The
challenged
registrant
has
been
convicted
of
a
26
felony
an
infamous
crime
as
defined
in
section
39.3
,
and
the
27
registrant’s
voting
rights
have
not
been
restored.
28
Sec.
10.
Section
48A.30,
subsection
1,
paragraph
d,
Code
29
2019,
is
amended
to
read
as
follows:
30
d.
The
clerk
of
the
district
court,
or
the
United
States
31
attorney,
or
the
state
registrar
sends
notice
of
the
registered
32
voter’s
conviction
of
a
felony
an
infamous
crime
as
defined
33
in
section
701.7,
or
conviction
of
an
offense
classified
as
a
34
felony
under
federal
law
39.3
.
The
clerk
of
the
district
court
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shall
send
notice
of
such
a
felony
conviction
to
the
state
1
registrar
of
voters.
The
registrar
shall
determine
in
which
2
county
the
felon
convicted
person
is
registered
to
vote,
if
3
any,
and
shall
notify
the
county
commissioner
of
registration
4
for
that
county
of
the
felony
conviction.
5
Sec.
11.
Section
49.79,
subsection
2,
paragraph
f,
Code
6
2019,
is
amended
to
read
as
follows:
7
f.
The
challenged
person
has
been
convicted
of
a
felony
an
8
infamous
crime
as
defined
in
section
39.3
,
and
the
person’s
9
voting
rights
have
not
been
restored.
10
Sec.
12.
Section
57.1,
subsection
2,
paragraph
c,
Code
2019,
11
is
amended
to
read
as
follows:
12
c.
That
prior
to
the
election
the
incumbent
had
been
duly
13
convicted
of
a
felony
an
infamous
crime
,
as
defined
in
section
14
701.7
39.3
,
and
that
the
judgment
had
not
been
reversed,
15
annulled,
or
set
aside,
nor
the
incumbent
pardoned
or
restored
16
to
the
rights
of
citizenship
by
the
governor
under
chapter
17
914
,
by
the
president
of
the
United
States,
or
by
operation
of
18
section
39.3,
at
the
time
of
the
election.
19
Sec.
13.
Section
161A.5,
subsection
3,
paragraph
b,
Code
20
2019,
is
amended
to
read
as
follows:
21
b.
Every
candidate
shall
file
with
the
nomination
papers
22
an
affidavit
stating
the
candidate’s
name,
the
candidate’s
23
residence,
that
the
person
is
a
candidate
and
is
eligible
for
24
the
office
of
commissioner,
and
that
if
elected
the
candidate
25
will
qualify
for
the
office.
The
affidavit
shall
also
state
26
that
the
candidate
is
aware
that
the
candidate
is
disqualified
27
from
holding
office
if
the
candidate
has
been
convicted
of
28
a
felony
or
other
an
infamous
crime
as
defined
in
section
29
39.3
and
the
candidate’s
rights
have
not
been
restored
by
the
30
governor
,
or
by
the
president
of
the
United
States
,
or
by
31
operation
of
section
39.3
.
32
Sec.
14.
Section
277.4,
subsection
2,
paragraph
b,
Code
33
2019,
is
amended
to
read
as
follows:
34
b.
Signers
of
nomination
petitions
shall
include
their
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addresses
and
the
date
of
signing,
and
must
reside
in
the
same
1
director
district
as
the
candidate
if
directors
are
elected
2
by
the
voters
of
a
director
district,
rather
than
at-large.
3
A
person
may
sign
nomination
petitions
for
more
than
one
4
candidate
for
the
same
office,
and
the
signature
is
not
invalid
5
solely
because
the
person
signed
nomination
petitions
for
6
one
or
more
other
candidates
for
the
office.
The
petition
7
shall
be
filed
with
the
affidavit
of
the
candidate
being
8
nominated,
stating
the
candidate’s
name,
place
of
residence,
9
that
such
person
is
a
candidate
and
is
eligible
for
the
office
10
the
candidate
seeks,
and
that
if
elected
the
candidate
will
11
qualify
for
the
office.
The
affidavit
shall
also
state
that
12
the
candidate
is
aware
that
the
candidate
is
disqualified
from
13
holding
office
if
the
candidate
has
been
convicted
of
a
felony
14
or
other
an
infamous
crime
as
defined
in
section
39.3
and
the
15
candidate’s
rights
have
not
been
restored
by
the
governor
,
16
or
by
the
president
of
the
United
States
,
or
by
operation
of
17
section
39.3
.
18
Sec.
15.
Section
376.4,
subsection
2,
paragraph
b,
Code
19
2019,
is
amended
to
read
as
follows:
20
b.
The
petition
must
include
the
affidavit
of
the
individual
21
for
whom
it
is
filed,
stating
the
individual’s
name,
the
22
individual’s
residence,
that
the
individual
is
a
candidate
and
23
eligible
for
the
office,
and
that
if
elected
the
individual
24
will
qualify
for
the
office.
The
affidavit
shall
also
state
25
that
the
candidate
is
aware
that
the
candidate
is
disqualified
26
from
holding
office
if
the
candidate
has
been
convicted
of
27
a
felony
or
other
an
infamous
crime
as
defined
in
section
28
39.3
and
the
candidate’s
rights
have
not
been
restored
by
the
29
governor
,
or
by
the
president
of
the
United
States
,
or
by
30
operation
of
section
39.3
.
31
Sec.
16.
Section
602.8102,
subsection
15,
Code
2019,
is
32
amended
to
read
as
follows:
33
15.
Monthly,
notify
the
county
commissioner
of
registration
34
and
the
state
registrar
of
voters
of
persons
seventeen
years
of
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age
and
older
who
have
been
convicted
of
a
felony
an
infamous
1
crime,
as
defined
in
section
39.3,
during
the
preceding
2
calendar
month
or
persons
who
at
any
time
during
the
preceding
3
calendar
month
have
been
legally
declared
to
be
a
person
who
is
4
incompetent
to
vote
as
that
term
is
defined
in
section
48A.2
.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
Article
II,
section
5,
of
the
Constitution
of
the
State
of
9
Iowa
denies
the
privilege
of
an
elector
to
any
person
convicted
10
of
an
infamous
crime.
State
statute
defines
infamous
crime
as
11
a
felony
conviction
under
state
or
federal
law.
State
law
also
12
allows
a
person
who
has
been
discharged
from
parole,
probation,
13
or
work
release,
or
who
has
been
released
from
incarceration
14
upon
completion
of
sentence,
to
apply
to
the
governor
for
15
restoration
of
the
rights
of
citizenship,
which
include
the
16
rights
to
register
to
vote
and
to
vote.
State
statute
also
17
requires
that
a
candidate
for
elective
office
under
the
laws
of
18
the
state
must
be
an
eligible
elector
at
the
time
of
election.
19
By
operation
of
law,
this
excludes
persons
who
have
been
20
convicted
of
a
state
or
federal
felony
and
not
had
their
rights
21
of
citizenship
restored
by
the
governor
or
the
president
of
the
22
United
States.
23
This
bill
alters
the
definition
of
“infamous
crime”
to
24
include
only
vote
fraud
that
is
election
misconduct
in
the
25
first
degree
under
Code
section
39A.2.
The
bill
also
limits
26
the
disqualification
from
holding
the
privilege
of
an
elector
27
due
to
conviction
of
an
infamous
crime
to
the
period
of
the
28
convicted
person’s
sentence.
A
convicted
person’s
right
29
to
vote
and
hold
office
is
restored
automatically
upon
the
30
discharge
of
that
person’s
sentence,
including
any
period
of
31
probation
or
parole,
but
not
including
the
payment
of
fines,
32
fees,
or
restitution.
33
The
bill
removes
references
to
conviction
of
a
felony
under
34
federal
law.
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