Iowa-2015-SF2099-Introduced
Senate File 2099 - Introduced
SENATE FILE
BY PETERSEN
A BILL FOR
1 An Act relating to voter registration by providing for the
2 registration of eligible electors upon review of electronic
3 records received from driver's license and nonoperator's
4 identification card applications, and including effective
5 date provisions.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 48A.7, Code 2016, is amended to read as
1 2 follows:
1 3 48A.7 Registration in person.
1 4 An eligible elector may register to vote by appearing
1 5 personally and completing a voter registration form at the
1 6 office of the commissioner in the county in which the person
1 7 resides, at a motor vehicle driver's license station, including
1 8 any county treasurer's office that is participating in county
1 9 issuance of driver's licenses under chapter 321M, or at any
1 10 voter registration agency. A For paper registration forms,
1 11 a separate voter registration form shall be signed by each
1 12 individual registrant.
1 13 Sec. 2. Section 48A.8, subsection 1, Code 2016, is amended
1 14 to read as follows:
1 15 1. An eligible elector may request that a voter registration
1 16 form be mailed to the elector. The completed form may be
1 17 mailed or delivered by the registrant or the registrant's
1 18 designee to the commissioner in the county where the person
1 19 resides or to the state commissioner of elections for a
1 20 program participant, as provided in section 9E.6. A For paper
1 21 registration forms, a separate voter registration form shall be
1 22 signed by each individual registrant.
1 23 Sec. 3. Section 48A.18, subsections 1 and 3, Code 2016, are
1 24 amended to read as follows:
1 25 1. Each state motor vehicle driver's license application,
1 26 including any renewal application or application for a
1 27 nonoperator's identification card, submitted to the office
1 28 of driver services of the state department of transportation
1 29 shall serve as an application for voter registration unless
1 30 the commissioner of registration determines that the applicant
1 31 is not an eligible elector or the applicant declines to
1 32 register to vote after receiving notification under subsection
1 33 4A. A completed application or paper voter registration
1 34 form submitted to the office of driver services of the state
1 35 department of transportation shall be considered to update any
2 1 previous voter registration by the registrant.
2 2 3. Information relating to the refusal decision of an
2 3 applicant for a driver's license to apply decline to register
2 4 to vote shall not be used for any purpose other than voter
2 5 registration.
2 6 Sec. 4. Section 48A.18, subsection 4, Code 2016, is amended
2 7 by striking the subsection and inserting in lieu thereof the
2 8 following:
2 9 4. a. The state voter registration commission shall
2 10 establish schedules by which the department of transportation
2 11 shall transmit to the state registrar of voters electronic
2 12 records containing the legal name, age, residence, and
2 13 citizenship information for, and the electronic signature of,
2 14 each person submitting an application under this section.
2 15 b. The state voter registration commission shall establish
2 16 schedules by which the state registrar of voters shall make
2 17 accessible or transmit electronic records and electronic
2 18 signatures received under paragraph "a" to the appropriate
2 19 commissioner of registration.
2 20 c. The state voter registration commission shall establish
2 21 schedules by which the department of transportation shall
2 22 transmit any completed paper registration forms to the
2 23 appropriate commissioner of registration.
2 24 d. The state commissioner of elections shall adopt rules,
2 25 consistent with section 9E.6, for the registration of address
2 26 confidentiality program participants.
2 27 e. The state voter registration commission shall adopt
2 28 rules pursuant to chapter 17A to administer and interpret this
2 29 section, including rules to establish electronic and paper
2 30 forms and all procedures used by the office of driver services
2 31 for voter registration purposes, rules to establish schedules
2 32 for transmission of electronic records, electronic signatures,
2 33 and completed paper voter registration forms, and rules and
2 34 forms to decline being registered to vote.
2 35 Sec. 5. Section 48A.18, Code 2016, is amended by adding the
3 1 following new subsection:
3 2 NEW SUBSECTION. 4A. a. (1) Upon receiving the electronic
3 3 record for, and electronic signature of, a person under
3 4 subsection 4, the state registrar of voters shall transmit or
3 5 otherwise make accessible the electronic record and electronic
3 6 signature of the person to the commissioner of registration
3 7 where the person resides. Upon reviewing the electronic record
3 8 received from the state registrar of voters, along with any
3 9 other relevant information, the commissioner of registration
3 10 shall determine if a person is an eligible elector of the
3 11 county. If the commissioner determines that a person is an
3 12 eligible elector of the county and is not registered to vote in
3 13 that county, the commissioner shall notify the person of the
3 14 separate processes to decline being registered to vote or to
3 15 declare a political party affiliation.
3 16 (2) If the person is registered to vote in the county, the
3 17 commissioner shall use the electronic record and information to
3 18 update the person's voter registration if appropriate.
3 19 b. If a person notified under paragraph "a" does not decline
3 20 to be registered to vote within twenty=one calendar days after
3 21 the commissioner of registration issues the notification, the
3 22 person's electronic record and electronic signature shall
3 23 constitute a completed voter registration form under section
3 24 48A.11, and the commissioner of registration shall register the
3 25 person to vote in that county. The commissioner shall send an
3 26 acknowledgment pursuant to section 48A.26.
3 27 c. A commissioner of registration shall not add a person
3 28 subject to registration under this subsection to a voter
3 29 registration list until at least twenty=one calendar days
3 30 after the commissioner has issued notification to the person
3 31 as described in paragraph "a".
3 32 d. The electronic record and electronic signature, received
3 33 under this subsection, of a person who does not qualify
3 34 as an eligible elector shall not constitute a completed
3 35 voter registration form under section 48A.11 and such a
4 1 person's application for a driver's license or nonoperator's
4 2 identification card shall not be considered to be a voter
4 3 registration application for purposes of section 39A.2,
4 4 subsection 1, paragraph "a".
4 5 Sec. 6. Section 48A.21, Code 2016, is amended to read as
4 6 follows:
4 7 48A.21 Transmission of forms from agencies and driver's
4 8 license stations.
4 9 The state registrar of voters shall adopt administrative
4 10 rules regulating the transmission of completed voter
4 11 registration forms from voter registration agencies and from
4 12 driver's license stations, including county treasurer's offices
4 13 participating in county issuance of driver's licenses under
4 14 chapter 321M. All completed voter registration applications
4 15 in the possession of a voter registration agency, a driver's
4 16 license station, or a county treasurer's office that is
4 17 participating in county issuance of driver's licenses at 5:00
4 18 p.m. on the last workday of each week shall be transmitted
4 19 to the location designated by the state registrar of voters
4 20 by rule. Procedures or requirements for more frequent
4 21 transmissions may be specified by rule.
4 22 Sec. 7. Section 48A.26, subsection 1, paragraph b, Code
4 23 2016, is amended to read as follows:
4 24 b. (1) For a voter registration form or change of
4 25 information in a voter registration record submitted at a
4 26 precinct caucus, the commissioner shall send an acknowledgment
4 27 within forty=five days of receipt of the form or change of
4 28 information.
4 29 (2) For a voter registration application or change of
4 30 information in a voter registration record completed pursuant
4 31 to section 48A.18, subsection 4A, the commissioner shall send
4 32 an acknowledgment within seven working days of the person being
4 33 registered under that subsection.
4 34 Sec. 8. Section 48A.26, subsection 8, Code 2016, is amended
4 35 to read as follows:
5 1 8. An A completed voter registration application,
5 2 improperly transmitted under section 48A.18, subsection 4A, or
5 3 an improperly addressed or delivered registration form shall be
5 4 transmitted or forwarded to the appropriate county commissioner
5 5 of registration within two working days after it is received by
5 6 any other official. The date of registration shall be the date
5 7 the completed application or registration form was received by
5 8 the first official. If the registration form was postmarked
5 9 fifteen or more days before an election and the registration
5 10 form was received by the first official after the close of
5 11 registration, the registration form shall be considered on time
5 12 for the election.
5 13 Sec. 9. Section 48A.36, subsection 1, Code 2016, is amended
5 14 to read as follows:
5 15 1. Voter registration agencies and the office of driver
5 16 services of the state department of transportation may
5 17 electronically transmit registration data to the state
5 18 registrar of voters, who shall distribute the information,
5 19 electronically or otherwise, to the appropriate commissioner
5 20 in accordance with rules of the state voter registration
5 21 commission and the state registrar of voters. The office of
5 22 driver services of the state department of transportation
5 23 shall electronically transmit registration data to the state
5 24 registrar of voters as required pursuant to section 48A.18.
5 25 The state agency originating the registration data shall
5 26 permanently retain an electronic copy of the form completed
5 27 by the registrant, including the registrant's signature, and
5 28 shall develop procedures for the retrieval and printing of
5 29 that electronic document. A printed copy of an electronic
5 30 registration document shall be made only upon the agency's
5 31 receipt of a court order.
5 32 Sec. 10. Section 331.557A, subsection 5, Code 2016, is
5 33 amended to read as follows:
5 34 5. Participate in voter registration according to the
5 35 terms of chapter 48A, and submit completed voter registration
6 1 forms to the state registrar of voters appropriate county
6 2 commissioner of registration.
6 3 Sec. 11. EMERGENCY RULES. The state voter registration
6 4 commission and the department of transportation may adopt
6 5 emergency rules under section 17A.4, subsection 3, and section
6 6 17A.5, subsection 2, paragraph "b", to implement the provisions
6 7 of this Act and the rules shall be effective immediately upon
6 8 filing unless a later date is specified in the rules. Any
6 9 rules adopted in accordance with this section shall also be
6 10 published as a notice of intended action as provided in section
6 11 17A.4.
6 12 Sec. 12. IMPLEMENTATION OF ACT. Section 25B.2, subsection
6 13 3, shall not apply to this Act.
6 14 Sec. 13. EFFECTIVE UPON ENACTMENT. This Act, being deemed
6 15 of immediate importance, takes effect upon enactment.
6 16 EXPLANATION
6 17 The inclusion of this explanation does not constitute agreement with
6 18 the explanation's substance by the members of the general assembly.
6 19 This bill relates to voter registration by allowing
6 20 registration of eligible electors to vote following review
6 21 of electronic records received from driver's license and
6 22 nonoperator's identification card applications by county
6 23 commissioners of registration (county auditors).
6 24 The bill requires that the office of driver services of the
6 25 department of transportation transmit to the state registrar of
6 26 voters (the secretary of state) electronic records containing
6 27 the legal name, age, residence, and citizenship information
6 28 for, and the electronic signature of, each person submitting
6 29 an application for a driver's license or nonoperator's
6 30 identification card, or any renewal application. Current Code
6 31 section 321.182 requires that an application for a license
6 32 or card include an applicant's full name, signature, current
6 33 mailing address, current residential address, date of birth,
6 34 social security number, and other information. Under current
6 35 administrative rules of the state department of transportation,
7 1 an applicant for a license or card is required to provide proof
7 2 of lawful status in the United States. Also under current
7 3 administrative rules, a person's signature for a driver's
7 4 license or nonoperator's identification card application is
7 5 required to be captured electronically. Under current law,
7 6 a county treasurer's office participating in county issuance
7 7 of driver's licenses is required to participate in voter
7 8 registration to the same extent as a license facility of the
7 9 state department of transportation.
7 10 The bill requires the state registrar of voters to transmit
7 11 the electronic records and electronic signatures to the county
7 12 commissioner of registration of the county where the person
7 13 resides. The bill requires that the county commissioner review
7 14 the electronic record and any other relevant information to
7 15 determine if a person is an eligible elector. If the county
7 16 commissioner determines a person to be an eligible elector
7 17 and the person is not registered to vote in the county, the
7 18 county commissioner is required to notify the person of the
7 19 separate processes to decline to register to vote or to declare
7 20 a political party affiliation. If a notified person fails to
7 21 decline voter registration within 21 days after the county
7 22 commissioner issued the notification, the bill provides that
7 23 the electronic record and electronic signature shall constitute
7 24 a completed voter registration form for that person and the
7 25 bill requires the county commissioner to register the person to
7 26 vote in that county and send the person an acknowledgment as
7 27 required by current law.
7 28 The bill prohibits a county commissioner from adding a
7 29 person's name to a voter registration list until at least 21
7 30 days after the commissioner has issued notification to the
7 31 person. The bill requires that a county commissioner send an
7 32 acknowledgment of registration within seven business days of
7 33 registering a person under the bill. The bill also provides
7 34 that the electronic record and electronic signature of a person
7 35 who does not qualify as an eligible elector does not constitute
8 1 a completed voter registration form. Under the bill, such a
8 2 person submitting an application for a license or card will
8 3 not be subject to charges for voter registration fraud under
8 4 section 39A.2 for submitting such an application.
8 5 The bill also grants the state voter registration commission
8 6 the authority to adopt rules to administer and interpret the
8 7 provisions of the bill relating to voter registration at motor
8 8 vehicle driver's license stations. If interpretive rulemaking
8 9 authority is clearly vested in the discretion of an agency by
8 10 statute, the applicable judicial standard of review is whether
8 11 the rules constitute an irrational, illogical, or wholly
8 12 unjustifiable interpretation of law by the agency (Code section
8 13 17A.19(10)(l)). If interpretive rulemaking authority is not
8 14 clearly vested in the discretion of an agency, the applicable
8 15 judicial standard of review is whether the rules constitute an
8 16 erroneous interpretation of law (Code section 17A.19(10)(c)).
8 17 The bill makes changes to current law related to address
8 18 confidentiality program participants under Code chapter
8 19 9E by requiring the state registrar to adopt rules for
8 20 administration of registration for those participants. The
8 21 bill maintains current law to allow for submission of a paper
8 22 voter registration form through driver's license offices. The
8 23 bill specifies that a requirement that separate registration
8 24 forms be signed by each individual registrant only applies to
8 25 paper registration forms. Under the bill, driver's license
8 26 offices are required to transmit voter registration forms
8 27 to the appropriate county commissioner and to transmit all
8 28 electronic records and electronic signatures to the state
8 29 registrar of voters.
8 30 The bill provides that the state voter registration
8 31 commission and the department of transportation may adopt
8 32 emergency rules to implement the provisions of the bill. Under
8 33 current law, the state registrar of voters is required to
8 34 establish rules regulating transmission of voter registration
8 35 forms from driver's license stations. Under the bill, such
9 1 rules are required to be established by the state commission.
9 2 The bill may include a state mandate as defined in Code
9 3 section 25B.3. The bill makes inapplicable Code section 25B.2,
9 4 subsection 3, which would relieve a political subdivision from
9 5 complying with a state mandate if funding for the cost of
9 6 the state mandate is not provided or specified. Therefore,
9 7 political subdivisions are required to comply with any state
9 8 mandate included in the bill.
9 9 The bill takes effect upon enactment.
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