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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