Bill Text: IA SF331 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act permitting electronic voter registration and including penalties and effective date provisions. (Formerly SSB 1152.)
Sponsorship: Committee Bill
Status: (Engrossed - Dead) 2015-03-31 - Subcommittee, Watts, Highfill, and Stutsman. H.J. 733. [SF331 Detail]
Download: Iowa-2015-SF331-Introduced.html
Senate File 331 - Introduced SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1152) A BILL FOR 1 An Act permitting electronic voter registration and including 2 penalties and effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1882SV (3) 86 aw/sc PAG LIN 1 1 Section 1. Section 39A.2, subsection 1, paragraph a, 1 2 subparagraph (2), Code 2015, is amended to read as follows: 1 3 (2) Falsely swears to an oath required pursuant to section 1 4 48A.7A or section 48A.8A. 1 5 Sec. 2. NEW SECTION. 48A.8A Electronic registration. 1 6 1. An eligible elector may apply to register to vote by 1 7 electronic means by completing and submitting an electronic 1 8 voter registration form accessible to the registrant through 1 9 the state commissioner's internet site, maintained by the 1 10 state commissioner in cooperation with the department of 1 11 transportation. Each commissioner of registration's internet 1 12 site shall provide an electronic link to the electronic voter 1 13 registration form on the state commissioner's internet site 1 14 provided under this subsection. 1 15 2. Each internet site described in this section and the 1 16 electronic voter registration form accessible through the state 1 17 commissioner's internet site shall meet the requirements of 29 1 18 U.S.C. {794d and 42 U.S.C. {12131 et seq. to ensure access to 1 19 and usability for eligible electors with disabilities. The 1 20 state commissioner shall consult with accessibility experts 1 21 in developing the electronic voter registration form provided 1 22 under this section. The state commissioner shall present the 1 23 electronic voter registration form and the state commissioner's 1 24 internet site to the clinical law program for disability law at 1 25 the university of Iowa to verify conformity of those electronic 1 26 materials with the requirements of this subsection. 1 27 3. An electronic voter registration form completed pursuant 1 28 to this section shall require that a registrant: 1 29 a. Provide the information and attestation required pursuant 1 30 to section 48A.11. 1 31 b. Provide an Iowa driver's license number, an Iowa 1 32 nonoperator's identification card number, or a social security 1 33 number. 1 34 c. Attest to a statement that lists each eligibility 1 35 requirement and affirm that the registrant meets all of the 2 1 requirements. 2 2 d. Affirmatively authorize the state commissioner to use 2 3 the registrant's signature obtained from the department of 2 4 transportation if the registrant has a current and valid 2 5 driver's license or nonoperator's identification card that was 2 6 issued by the department. 2 7 e. Affirmatively authorize the state commissioner to use the 2 8 digitally typed signature obtained pursuant to section 48A.13 2 9 if the applicant does not have a current and valid driver's 2 10 license or nonoperator's identification card that was issued by 2 11 the department of transportation. 2 12 f. If a registrant submits an electronic voter registration 2 13 form after the voter registration deadline under section 2 14 48A.9, the state commissioner shall, immediately following 2 15 the submission, provide the registrant with notice through 2 16 the state commissioner's internet site of election day and 2 17 in=person absentee registration procedures under section 2 18 48A.7A. If the state commissioner is required to provide 2 19 notice under this paragraph, the state commissioner shall also 2 20 send a notice by mail advising the registrant of election day 2 21 and in=person absentee registration procedures under section 2 22 48A.7A. 2 23 g. The electronic registration form developed by the state 2 24 commissioner shall provide a registrant with the ability to 2 25 print the form for completion and submission to the appropriate 2 26 commissioner of registration. 2 27 4. a. The department of transportation shall, upon request, 2 28 provide to the state commissioner a copy of the registrant's 2 29 signature in electronic format if the registrant's signature is 2 30 on record with the department of transportation. 2 31 b. A voter registration agency shall, upon request, provide 2 32 to the state commissioner a copy of the registrant's signature 2 33 in electronic format if the registrant's signature is on record 2 34 with that agency. 2 35 c. A commissioner of registration shall, upon request, 3 1 provide to the state commissioner a copy of the registrant's 3 2 signature in electronic format if the registrant's signature is 3 3 accepted and on record with the commissioner of registration 3 4 pursuant to section 48A.13. 3 5 5. The state commissioner and the department of 3 6 transportation shall transmit to the appropriate commissioner 3 7 of registration a registrant's completed voter registration 3 8 form not later than the next business day following the 3 9 registrant's electronic submission of the form or by the next 3 10 applicable voter registration deadline under section 48A.9, 3 11 whichever is earlier. 3 12 6. An electronic voter registration form completed under 3 13 this section shall be accompanied by the following statement 3 14 featured prominently on the internet site in boldface capital 3 15 letters prior to submission of the form: 3 16 WARNING: I UNDERSTAND THAT ANY FALSE STATEMENT IN THIS OATH 3 17 IS A CLASS "D" FELONY PUNISHABLE BY NO MORE THAN FIVE YEARS IN 3 18 CONFINEMENT AND A FINE OF AT LEAST SEVEN HUNDRED FIFTY DOLLARS 3 19 BUT NOT MORE THAN SEVEN THOUSAND FIVE HUNDRED DOLLARS. 3 20 7. An eligible elector who registers pursuant to this 3 21 section and who has not previously voted in an election for 3 22 federal office in the county of registration shall be treated 3 23 as a registrant by mail and is subject to the provisions of 3 24 section 48A.8, subsections 2 through 4. 3 25 8. For the purposes of this section: 3 26 a. "Digitally typed signature" means the registrant's 3 27 electronic signature that is made by typing the registrant's 3 28 name and the current date and provided by the registrant 3 29 to affirmatively verify the truthfulness and legitimacy of 3 30 the information provided by the registrant on the completed 3 31 electronic voter registration form. 3 32 b. "State commissioner" means the state commissioner of 3 33 elections. 3 34 c. "Voter registration agency" means a voter registration 3 35 agency under section 48A.19 or voter registration agencies 4 1 designated by another state pursuant to 42 U.S.C. {1973gg=1. 4 2 Sec. 3. Section 48A.13, Code 2015, is amended to read as 4 3 follows: 4 4 48A.13 Electronic signatures on voter registration records. 4 5ElectronicDigitally typed signatures shall be accepted. 4 6However, before the use of electronic signatures is accepted 4 7 on voter registration forms, the state voter registration 4 8 commission shall prescribe by rule the technological 4 9 requirements for guaranteeing the security and integrity 4 10 of electronic signatures.The state voter registration 4 11 commission may adopt rules to require a registrant, in order 4 12 to submit an electronic voter registration form pursuant to 4 13 section 48A.8A, to affirmatively verify the truthfulness and 4 14 legitimacy of the information provided by the registrant on a 4 15 completed electronic voter registration form. The state voter 4 16 registration commission may prescribe by rule additional means 4 17 of providing an electronic signature on voter registration 4 18 forms. 4 19 Sec. 4. Section 48A.27, subsection 1, Code 2015, is amended 4 20 to read as follows: 4 21 1. Any voter registration form received by any voter 4 22 registration agency, driver's license station, including 4 23 county treasurer's offices participating in county issuance of 4 24 driver's licenses under chapter 321M, the state commissioner 4 25 of elections or the department of transportation pursuant to 4 26 section 48A.8A, or the commissioner shall be considered as 4 27 updating the registrant's previous registration. 4 28 Sec. 5. Section 48A.27, subsection 2, paragraph a, Code 4 29 2015, is amended by adding the following new subparagraph: 4 30 NEW SUBPARAGRAPH. (6) A voter registration form submitted 4 31 as provided in section 48A.8A. 4 32 Sec. 6. EFFECTIVE DATE. This Act takes effect January 1, 4 33 2016. 4 34 EXPLANATION 4 35 The inclusion of this explanation does not constitute agreement with 5 1 the explanation's substance by the members of the general assembly. 5 2 This bill permits electronic voter registration, electronic 5 3 updating of voter registration information, and electronic 5 4 correction of voter registration information, all from the 5 5 state commissioner of elections' internet site. 5 6 The bill allows an eligible elector to apply to register to 5 7 vote or allows a registered voter to update or correct voter 5 8 registration information by electronic means by completing and 5 9 submitting an electronic voter registration form accessible 5 10 to the registrant on the internet site for the secretary of 5 11 state, serving as the state commissioner of elections. The 5 12 bill also requires that the state commissioner of elections 5 13 maintain the internet site in cooperation with the department 5 14 of transportation. 5 15 The bill requires that an electronic voter registration 5 16 form provide space for all the information that is currently 5 17 required on printed voter registration forms. The bill also 5 18 requires that a registrant seeking to use the electronic voter 5 19 registration form provide an Iowa driver's license number, Iowa 5 20 nonoperator's identification card number, or a social security 5 21 number. 5 22 The bill requires that a registrant attest to a statement 5 23 that lists each voter registration eligibility requirement, 5 24 that the registrant meets all of the requirements, and requires 5 25 the electronic signature of the registrant as described in the 5 26 bill. 5 27 The bill requires that the registrant authorize the state 5 28 commissioner of elections to use the applicant's signature 5 29 obtained from the department of transportation. 5 30 The state commissioner of elections is required to notify a 5 31 registrant by mail within five business days if a copy of the 5 32 registrant's signature cannot be obtained and is required to 5 33 include a voter registration form with that notice. 5 34 The bill requires that a registrant authorize the state 5 35 commissioner of elections to use a digitally typed signature 6 1 under certain circumstances and provides a definition. 6 2 The bill requires the state commissioner of elections to 6 3 transmit to the appropriate commissioner of registration a 6 4 registrant's completed voter registration application and 6 5 electronic signature not later than the next business day after 6 6 the date of submission of the application and signature or by 6 7 the next applicable voter registration deadline, whichever is 6 8 earlier. 6 9 The bill requires that the electronic registration form be 6 10 accompanied by a statement featured prominently in boldface 6 11 capital letters informing the registrant of the penalty 6 12 for providing false information on a voter registration 6 13 application. 6 14 The bill also requires that an electronic voter registration 6 15 registrant who has not previously voted in an election for 6 16 federal office in the county of registration must follow the 6 17 voting requirements of Code section 48A.8 for registrants 6 18 submitting applications by mail under current law and who 6 19 have not previously voted in an election for federal office 6 20 in the county of registration. Code section 48A.8 requires 6 21 that a mail registrant who has not previously voted in an 6 22 election for federal office in the county of registration is 6 23 required to provide identification documents when voting for 6 24 the first time in the county, unless the registrant provided on 6 25 the registration form the registrant's Iowa driver's license 6 26 number, the registrant's Iowa nonoperator's identification 6 27 card number, or the last four numerals of the registrant's 6 28 social security number and such information provided matches 6 29 an existing state or federal identification record with the 6 30 same number, name, and date of birth. Code section 48A.8 6 31 also provides that a registrant who votes in person at the 6 32 polls or by absentee ballot at the commissioner's office 6 33 or at a satellite voting station shall provide a form of 6 34 identification specified in that Code section. Code section 6 35 48A.8 also requires that if a registrant is voting for the 7 1 first time following mail registration and votes an absentee 7 2 ballot by mail, the registrant shall provide a photocopy of the 7 3 identification document when returning the absentee ballot. 7 4 Code section 48A.8 also allows a registrant voting in person 7 5 for the first time following submission of a registration form 7 6 by mail to vote a provisional ballot if the voter does not 7 7 provide the required identification documents. 7 8 The bill provides that the crime of voter registration fraud 7 9 includes fraudulent electronic registration. Registration 7 10 fraud is a class "D" felony. A class "D" felony is punishable 7 11 by confinement for no more than five years and a fine of at 7 12 least $750 but not more than $7,500. 7 13 The bill takes effect January 1, 2016. LSB 1882SV (3) 86 aw/sc
