Bill Text: IA SF474 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the conduct and administration of elections, including voter registration, absentee voting, voter identity verification, signature verification, polling place prohibitions, commissioner certifications, and post-election audits, creating an electronic poll book and polling place technology revolving loan fund, providing penalties, and including effective date and applicability provisions. (Formerly SSB 1163.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-03-23 - Withdrawn. S.J. 754. [SF474 Detail]
Download: Iowa-2017-SF474-Introduced.html
Senate File 474 - Introduced SENATE FILE BY COMMITTEE ON STATE GOVERNMENT (SUCCESSOR TO SSB 1163) A BILL FOR 1 An Act relating to the conduct and administration of elections, 2 including voter registration, absentee voting, voter 3 identity verification, signature verification, polling place 4 prohibitions, commissioner certifications, and post=election 5 audits, creating an electronic poll book and polling place 6 technology revolving loan fund, providing penalties, and 7 including effective date and applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1365SV (3) 87 aw/sc PAG LIN 1 1 DIVISION I 1 2 GENERAL PROVISIONS 1 3 Section 1. Section 22.7, Code 2017, is amended by adding the 1 4 following new subsection: 1 5 NEW SUBSECTION. 70. The voter verification number, as 1 6 defined in section 53.2, subsection 4, paragraph "c", that is 1 7 assigned to a voter and maintained and updated in the statewide 1 8 voter registration system. 1 9 Sec. 2. Section 39A.5, subsection 1, paragraph b, Code 2017, 1 10 is amended by adding the following new subparagraph: 1 11 NEW SUBPARAGRAPH. (3) Violating any provision of chapter 1 12 48A for which another penalty is not provided. 1 13 Sec. 3. NEW SECTION. 48A.24 Deadline for submitting voter 1 14 registration forms. 1 15 1. A person who accepts a completed voter registration form 1 16 from an applicant shall submit the form to the appropriate 1 17 commissioner within seven days of receiving the form if the 1 18 person accepting the form is doing so on behalf of any of the 1 19 following: 1 20 a. A political party, as defined in section 43.2. 1 21 b. A nonparty political organization required to nominate 1 22 candidates under chapter 44. 1 23 c. A candidate or committee, as defined in section 68A.102. 1 24 2. Notwithstanding the deadline in subsection 1, a person 1 25 described in subsection 1 who accepts a completed voter 1 26 registration form from an applicant within three days of the 1 27 voter registration deadline prescribed in section 48A.9 for 1 28 the next election shall submit the form to the appropriate 1 29 commissioner within twenty=four hours of accepting the form, 1 30 and not later than the registration deadline. 1 31 Sec. 4. Section 48A.30, subsection 1, Code 2017, is amended 1 32 by adding the following new paragraph: 1 33 NEW PARAGRAPH. 0f. The registered voter is not a resident 1 34 of Iowa, or the registered voter submits documentation under 1 35 section 607A.4, subsection 3, that indicates that the voter is 2 1 not a citizen of the United States. 2 2 Sec. 5. Section 48A.31, Code 2017, is amended to read as 2 3 follows: 2 4 48A.31 Deceased persons record. 2 5 The state registrar of vital statistics shall transmit 2 6 or cause to be transmitted to the state registrar of voters, 2 7 once each calendar quarter, a certified list of all persons 2 8 seventeen and one=half years of age and older in the state 2 9 whose deaths have been reported to the bureau of vital records 2 10 of the Iowa department of public health since the previous list 2 11 of decedents was certified to the state registrar of voters. 2 12 The list shall be submitted according to the specifications 2 13 of the state registrar of voters and shall be transmitted to 2 14 the state registrar of voters without charge for production or 2 15 transmission. The commissioner shall, in the month following 2 16 the end of a calendar quarter, run the statewide voter 2 17 registration system's matching program to determine whether a 2 18 listed decedent was registered to vote in the county and shall 2 19 immediately cancel the registration of any person named on the 2 20 list of decedents. 2 21 Sec. 6. Section 53.2, subsections 1, 4, and 8, Code 2017, 2 22 are amended to read as follows: 2 23 1. a. Any registered voter, under the circumstances 2 24 specified in section 53.1, may on any day, except election day, 2 25 and not more thanseventyone hundred twenty days prior to the 2 26 date of the election, apply in person for an absentee ballot 2 27 at the commissioner's office or at any location designated by 2 28 the commissioner. However, for those elections in which the 2 29 commissioner directs the polls be opened at noon pursuant to 2 30 section 49.73, a voter may apply in person for an absentee 2 31 ballot at the commissioner's office from 8:00 a.m. until 11:00 2 32 a.m. on election day. 2 33 b. A registered voter may make written application to the 2 34 commissioner for an absentee ballot. A written application 2 35 for an absentee ballot must be received by the commissioner 3 1 no later than 5:00 p.m.on the Friday before the election 3 2on the same day as the voter registration deadline provided 3 3 in section 48A.9 for the election for which the ballot is 3 4 requested, except when the absentee ballot is requested and 3 5 voted at the commissioner's office pursuant to section 53.10. 3 6 A written application for an absentee ballot delivered to the 3 7 commissioner and received by the commissioner more thanseventy 3 8one hundred twenty days prior to the date of the election shall 3 9 beretained by the commissioner and processed in the same 3 10 manner as a written application received not more than seventy 3 11 days before the date of the electionreturned to the voter 3 12 with a notification of the date when the applications will be 3 13 accepted. 3 14 4. a. Each application shall contain the following 3 15 information: 3 16 (1) The name and signature of the registered voter, the. 3 17 (2) The registered voter's date of birth, the. 3 18 (3) The address at which the voter is registered to vote, 3 19 and the. 3 20 (4) The registered voter's voter verification number. 3 21 (5) The name or date of the election for which the absentee 3 22 ballot is requested, and such. 3 23 (6) Such other information as may be necessary to determine 3 24 the correct absentee ballot for the registered voter. 3 25 b. If insufficient information has been provided, including 3 26 the absence of a voter verification number, either on the 3 27 prescribed form or on an application created by the applicant, 3 28 the commissioner shall, by the best means available, obtain 3 29 the additional necessary information. A voter requesting 3 30 or casting a ballot pursuant to section 53.22 shall not be 3 31 required to provide a voter verification number. 3 32 c. For purposes of this subsection, "voter verification 3 33 number" means the registered voter's driver's license number 3 34 or nonoperator's identification card number assigned to the 3 35 voter by the department of transportation or the registered 4 1 voter's identification number assigned to the voter by the 4 2 state commissioner pursuant to section 47.7, subsection 2. 4 3 8. An application for an absentee ballot that is returned 4 4 to the commissioner by a person acting as an actual or implied 4 5 agent for a political party, as defined in section 43.2, or 4 6 by a candidate,or committee,allboth as defined by chapter 4 7 68A, shall be returned to the commissioner within seventy=two 4 8 hours of the time the completed application was received from 4 9 the applicant or no later than 5:00 p.m. on theFriday before 4 10same day as theelectiondeadline under subsection 1, paragraph 4 11 "b", whichever is earlier. An application received by a person 4 12 acting as an actual or implied agent of a political party after 4 13 the deadline but before the date of the election shall be 4 14 returned to the commissioner within twenty=four hours. 4 15 Sec. 7. Section 53.10, Code 2017, is amended by adding the 4 16 following new subsection: 4 17 NEW SUBSECTION. 2A. A voter shall not vote or offer to 4 18 vote any ballot except such as the voter has received from 4 19 the commissioner. A voter voting an absentee ballot at the 4 20 commissioner's office shall not take or remove any ballot from 4 21 the commissioner's office. 4 22 DIVISION II 4 23 VOTER IDENTITY AND SIGNATURE VERIFICATION 4 24 Sec. 8. Section 48A.7A, subsection 1, paragraph b, 4 25 subparagraph (1), subparagraph division (c), Code 2017, is 4 26 amended to read as follows: 4 27 (c) A United States military or veterans identification 4 28 card. 4 29 Sec. 9. NEW SECTION. 48A.10A Voter verification cards ==== 4 30 verification of voter registration information. 4 31 1. The state registrar shall, each week, compare lists 4 32 of persons who registered to vote during the preceding week 4 33 with the department of transportation's driver's license and 4 34 nonoperator's identification card files and shall issue a voter 4 35 verification card to each active, registered voter whose name 5 1 does not appear in the department of transportation's files. 5 2 2. A voter verification card issued under this section shall 5 3 be used only for voting and voter registration purposes. 5 4 3. A person issued a voter verification card under this 5 5 section shall not be charged any fee for the issuance or 5 6 delivery of the voter verification card. 5 7 4. Implementation of this section shall be contingent upon 5 8 appropriations by the general assembly in sufficient amounts to 5 9 meet the requirements of this section. 5 10 5. The state registrar shall adopt rules pursuant to chapter 5 11 17A to implement this section. 5 12 Sec. 10. Section 48A.38, subsection 1, paragraph f, Code 5 13 2017, is amended to read as follows: 5 14 f. The county commissioner of registration and the state 5 15 registrar of voters shall remove a voter's whole or partial 5 16 social security number, as applicable, voter identification 5 17 number assigned by the state commissioner, Iowa driver's 5 18 license number, or Iowa nonoperator's identification card 5 19 number from a voter registration list prepared pursuant to this 5 20 section. 5 21 Sec. 11. Section 49.53, subsection 1, Code 2017, is amended 5 22 to read as follows: 5 23 1. The commissioner shall not less than four nor more than 5 24 twenty days before the day of each election, except those for 5 25 which different publication requirements are prescribed by law, 5 26 publish notice of the election. The notice shall contain a 5 27 facsimile of the portion of the ballot containing the first 5 28 rotation as prescribed by section 49.31, subsection 2, and 5 29 shall show the names of all candidates or nominees and the 5 30 office each seeks, and all public questions, to be voted upon 5 31 at the election. The sample ballot published as a part of the 5 32 notice may at the discretion of the commissioner be reduced in 5 33 size relative to the actual ballot but such reduction shall 5 34 not cause upper case letters appearing in candidates' names or 5 35 in summaries of public measures on the published sample ballot 6 1 to be less than nine point type. The notice shall also state 6 2 the date of the election, the hours the polls will be open, 6 3 that each voter is required to provide identification at the 6 4 polling place before the voter can receive and cast a ballot, 6 5 the location of each polling place at which voting is to occur 6 6 in the election, and the names of the precincts voting at each 6 7 polling place, but the statement need not set forth any fact 6 8 which is apparent from the portion of the ballot appearing as 6 9 a part of the same notice. The notice shall include the full 6 10 text of all public measures to be voted upon at the election. 6 11 Sec. 12. Section 49.77, subsection 1, unnumbered paragraph 6 12 1, Code 2017, is amended to read as follows: 6 13 The board members of their respective precincts shall have 6 14 charge of the ballots and shall furnish them to the voters 6 15 after verifying each voter's identity pursuant to section 6 16 49.78. 6 17 Sec. 13. Section 49.77, subsection 3, Code 2017, is amended 6 18 by striking the subsection. 6 19 Sec. 14. NEW SECTION. 49.78 Voter identity and signature 6 20 verification. 6 21 1. To ensure the integrity of, and to instill public 6 22 confidence in, all elections in this state the general assembly 6 23 finds that the verification of a voter's identity is necessary 6 24 before a voter is permitted to receive and cast a ballot. 6 25 2. a. Before a precinct election official furnishes 6 26 a ballot to a voter under section 49.77, the voter shall 6 27 establish the voter's identity by presenting the official with 6 28 one of the following forms of identification for verification: 6 29 (1) A voter verification card issued pursuant to section 6 30 48A.10A. 6 31 (2) An Iowa driver's license issued pursuant to section 6 32 321.189. 6 33 (3) An Iowa nonoperator's identification card issued 6 34 pursuant to section 321.190. 6 35 (4) A United States passport. 7 1 (5) A United States military or veterans identification 7 2 card. 7 3 (6) A voter acknowledgment card issued by the commissioner 7 4 pursuant to sections 48A.26 through 48A.29 if the voter 7 5 acknowledgment card is signed before the voter presents the 7 6 card to the official. 7 7 b. Upon being presented with a form of identification under 7 8 this section, the precinct election official shall examine 7 9 the identification. The precinct election official shall use 7 10 the information on the identification card, including the 7 11 signature, to determine whether the person offering to vote 7 12 appears to be the person depicted on the identification card. 7 13 The voter's signature shall generally be presumed to be valid. 7 14 If the identification provided does not appear to be the person 7 15 offering to vote under section 49.77, the precinct election 7 16 official shall challenge the person offering to vote in the 7 17 same manner provided for other challenges by sections 49.79 7 18 and 49.80. A person offering to vote who establishes identity 7 19 by presenting a veteran's identification card that does not 7 20 contain a signature, is not subject to challenge under this 7 21 paragraph "b". 7 22 3. A person who is registered to vote but is unable to 7 23 present a form of identification listed under subsection 2 may 7 24 present other forms of identification listed in section 48A.7A, 7 25 subsection 1, paragraph "b", to establish the voter's identity 7 26 under this section. 7 27 4. A person who is registered to vote but is unable 7 28 to present a form of identification under subsection 2 or 7 29 3 may establish identity and residency in the precinct by 7 30 written oath of a person who is also registered to vote in 7 31 the precinct. The attesting registered voter's oath shall 7 32 attest to the stated identity of the person wishing to vote 7 33 and that the person is a current resident of the precinct. 7 34 The oath must be signed by the attesting registered voter in 7 35 the presence of the appropriate precinct election official. 8 1 A registered voter who has signed two oaths on election day 8 2 attesting to a person's identity and residency as provided in 8 3 this subsection is prohibited from signing any further oaths as 8 4 provided in this subsection on that day. 8 5 5. The form of the written oath required of a registered 8 6 voter attesting to the identity and residency of the voter 8 7 unable to present a form of identification shall read as 8 8 follows: 8 9 I, ..... (name of attesting registered voter), do solemnly 8 10 swear or affirm all of the following: 8 11 I am a preregistered voter in this precinct or I registered to 8 12 vote in this precinct today, and a registered voter did not 8 13 sign an oath on my behalf. I have not signed more than one oath 8 14 attesting to the identity and residence of any other person in 8 15 this election. 8 16 I am a resident of the ... precinct, ... ward or township, 8 17 city of ....., county of ....., Iowa. 8 18 I reside at ....... (street address) in ..... (city or 8 19 township). 8 20 I personally know ..... (name of voter), and I personally know 8 21 that ..... (name of voter) is a resident of the ... precinct, 8 22 ..... ward or township, city of ....., county of ....., Iowa. 8 23 I understand that any false statement in this oath is a class 8 24 "D" felony punishable by no more than five years in confinement 8 25 and a fine of at least seven hundred fifty dollars but not more 8 26 than seven thousand five hundred dollars. 8 27 ............. 8 28 Signature of Attesting Registered Voter 8 29 Subscribed and sworn before me on .. (date). 8 30 ............. 8 31 Signature of Precinct Election Official 8 32 6. A voter who is not otherwise disqualified from voting and 8 33 who has established identity under subsection 2, 3, or 4 shall 8 34 be furnished a ballot and be allowed to vote under section 8 35 49.77. 9 1 7. A registered voter who fails to establish the voter's 9 2 identity under this section shall be permitted to cast a 9 3 provisional ballot under section 49.81. 9 4 8. a. Notwithstanding subsection 7, for any election 9 5 conducted prior to January 1, 2019, a registered voter who 9 6 fails to establish the voter's identity under this section 9 7 shall be permitted to vote upon signing an oath attesting to 9 8 the voter's identity. The form of the written oath required of 9 9 the person voting under this subsection shall read as follows: 9 10 My name is ............., and I am a United States citizen, 9 11 at least eighteen years of age. I am the person named above, I 9 12 am a registered voter of this county, and I am eligible to vote 9 13 in this election. 9 14 ............. 9 15 (signature of voter) (date) 9 16 b. This subsection is repealed July 1, 2019. 9 17 Sec. 15. Section 49.81, Code 2017, is amended by adding the 9 18 following new subsection: 9 19 NEW SUBSECTION. 1A. A prospective voter who is unable to 9 20 establish identity under section 49.78, subsection 2, paragraph 9 21 "a", or section 49.78, subsection 3 or 4, shall be notified by 9 22 the appropriate precinct election official that the voter may 9 23 cast a provisional ballot. The voter shall mark the ballot and 9 24 immediately seal it in an envelope of the type prescribed by 9 25 subsection 4. The voter shall deliver the sealed envelope to a 9 26 precinct election official who shall deposit it in an envelope 9 27 marked "provisional ballots". The ballot shall be considered 9 28 as having been cast in the special precinct established by 9 29 section 53.20 for purposes of the postelection canvass. 9 30 Sec. 16. Section 53.2, Code 2017, is amended by adding the 9 31 following new subsection: 9 32 NEW SUBSECTION. 4A. The commissioner may dispute an 9 33 application if it appears to the commissioner that the 9 34 signature on the application has been signed by someone other 9 35 than the registered voter, in comparing the signature on the 10 1 application to the signature on record of the registered 10 2 voter named on the application. If the commissioner disputes 10 3 a registered voter's application under this subsection, 10 4 the commissioner shall notify the registered voter and the 10 5 registered voter may submit a new application and signature or 10 6 update the registered voter's signature on record, as provided 10 7 by rule adopted by the state commissioner. 10 8 Sec. 17. Section 53.18, subsection 3, Code 2017, is amended 10 9 to read as follows: 10 10 3. If the affidavit envelope or the return envelope marked 10 11 with the affidavit contains a defect that would cause the 10 12 absentee ballot to be rejected by the absentee and special 10 13 voters precinct board, the commissioner shall immediately 10 14 notify the voter of that fact and that the voter's absentee 10 15 ballot shall not be counted unless the voter requests and 10 16 returns a replacement ballot in the time permitted under 10 17 section 53.17, subsection 2. For the purposes of this section, 10 18 a return envelope marked with the affidavit shall be considered 10 19 to contain a defect if it appears to the commissioner that 10 20 the signature on the envelope has been signed by someone 10 21 other than the registered voter, in comparing the signature 10 22 on the envelope to the signature on record of the registered 10 23 voter named on the envelope. A signature or marking made 10 24 in accordance with section 39.3, subsection 17, shall not 10 25 be considered a defect for purposes of this section. The 10 26 voter may request a replacement ballot in person, in writing, 10 27 or over the telephone. The same serial number that was 10 28 assigned to the records of the original absentee ballot 10 29 application shall be used on the envelope and records of the 10 30 replacement ballot. The envelope marked with the affidavit and 10 31 containing the completed replacement ballot shall be marked 10 32 "Replacement ballot". The envelope marked with the affidavit 10 33 and containing the original ballot shall be marked "Defective" 10 34 and the replacement ballot shall be attached to such envelope 10 35 containing the original ballot and shall be stored in a secure 11 1 place until they are delivered to the absentee and special 11 2 voters precinct board, notwithstanding sections 53.26 and 11 3 53.27. 11 4 Sec. 18. Section 53.22, Code 2017, is amended by adding the 11 5 following new subsection: 11 6 NEW SUBSECTION. 7. The proof of identity requirements 11 7 under section 49.78 shall not apply to a voter casting a ballot 11 8 pursuant to this section. 11 9 Sec. 19. Section 53.25, Code 2017, is amended to read as 11 10 follows: 11 11 53.25 Rejecting ballot. 11 12 1. a. If the absentee voter's affidavit lacks the voter's 11 13 signature, if the applicant is not a duly registered voter on 11 14 election day in the precinct where the absentee ballot was 11 15 cast, if the envelope marked with the affidavit contains more 11 16 than one ballot of any one kind, or if the voter has voted 11 17 in person, such vote shall be rejected by the absentee and 11 18 special voters precinct board. If the affidavit envelope or 11 19 return envelope marked with the affidavit is open, or has been 11 20 opened and resealed, or if the ballot is not enclosed in such 11 21 envelope, and an affidavit envelope or return envelope marked 11 22 with the affidavit with the same serial number and marked 11 23 "Replacement ballot" is not attached as provided in section 11 24 53.18, thevoteballot shall be rejected by the absentee and 11 25 special voters precinct board. 11 26 b. If a voter casts a provisional ballot pursuant to section 11 27 49.78, subsection 7, and the voter has failed to establish the 11 28 voter's identity at the commissioner's office, the provisional 11 29 ballot shall be rejected by the absentee and special voters 11 30 precinct board. 11 31 2. If the absentee or provisional ballot is rejected prior 11 32 to the opening of the affidavit envelope or return envelope 11 33 marked with the affidavit, the voter casting the ballot shall 11 34 be notified by a precinct election official by the time the 11 35 canvass is completed of the reason for the rejection on a form 12 1 prescribed by the state commissioner of elections. 12 2 Sec. 20. SEVERABILITY. If any provision of this division of 12 3 this Act or the application of any provision of this division 12 4 of this Act to any person or circumstance is held invalid, the 12 5 invalidity shall not affect other provisions of the division 12 6 which can be given effect without the invalid provisions or 12 7 application of the invalid provisions, and to this end, the 12 8 provisions of the division are severable. 12 9 Sec. 21. EFFECTIVE DATE. This division of this Act takes 12 10 effect upon the appropriation of moneys by the general assembly 12 11 to the state commissioner of elections in an amount sufficient 12 12 for implementation of section 48A.10A as declared by the 12 13 general assembly. 12 14 Sec. 22. APPLICABILITY. This division of this Act applies 12 15 to elections held on or after the effective date of this 12 16 division of this Act. 12 17 DIVISION III 12 18 POLLING PLACES 12 19 Sec. 23. NEW SECTION. 47.11 Electronic poll book and 12 20 polling place technology program ==== revolving loan fund. 12 21 1. An electronic poll book and polling place technology 12 22 program is created and an electronic poll book and polling 12 23 place technology revolving loan fund is created in the state 12 24 treasury under the control of the state commissioner. The 12 25 program and revolving loan fund shall be administered by the 12 26 state commissioner and the revolving loan fund shall include 12 27 moneys allocated from the state commissioner's budget and any 12 28 other moneys obtained or accepted by the state commissioner for 12 29 deposit in the revolving loan fund. 12 30 2. a. The state commissioner may loan moneys in the 12 31 revolving loan fund to county commissioners for the purchase or 12 32 update of electronic poll book and polling place technology. 12 33 b. Moneys loaned under this subsection shall be used, in 12 34 accordance with section 49.28, to furnish electronic poll books 12 35 to election precincts for the purpose of modernizing polling 13 1 places throughout the state. 13 2 c. The state commissioner may spend an amount not to 13 3 exceed thirty percent of the moneys in the revolving loan 13 4 fund at the beginning of a fiscal year to administer polling 13 5 place technology to ensure compliance with state standards 13 6 of technological security and the protection of personally 13 7 identifiable information. 13 8 3. A loan made under this section shall bear no interest. 13 9 4. Notwithstanding section 12C.7, subsection 2, interest or 13 10 earnings on moneys in the revolving loan fund shall be credited 13 11 to the revolving loan fund. Notwithstanding section 8.33, 13 12 moneys in the revolving loan fund that remain unencumbered or 13 13 unobligated at the close of a fiscal year shall not revert to 13 14 any other fund but shall remain available in the revolving loan 13 15 fund for the purposes designated. 13 16 5. The state commissioner shall adopt rules pursuant to 13 17 chapter 17A to administer this section. 13 18 Sec. 24. Section 49.88, subsection 1, Code 2017, is amended 13 19 to read as follows: 13 20 1. No more than one person shall be allowed to occupy 13 21 any voting booth at any time. The use ofcameras, cellular 13 22 telephones, pagers, or other electronic communications devices 13 23 in the voting boothphotographic devices and the display of 13 24 voted ballots is prohibited if such use or display is for 13 25 purposes prohibited under chapter 39A, interferes with other 13 26 voters, or interferes with the orderly operation of the polling 13 27 place. 13 28 DIVISION IV 13 29 ELECTION CERTIFICATION AND AUDITS 13 30 Sec. 25. NEW SECTION. 49.128 Commissioner filings and 13 31 notifications. 13 32 1. No later than twenty days following a general election, 13 33 the commissioner shall place on file in the commissioner's 13 34 office a certification that the county met the following 13 35 requirements at the general election: 14 1 a. The testing of voting equipment was performed, as 14 2 required under section 52.35. 14 3 b. The election personnel training course was conducted, as 14 4 required under section 49.124. 14 5 c. Polling places met accessibility standards, as required 14 6 under section 49.21. 14 7 d. The schedule of required publications was adhered to, as 14 8 required under section 49.53. 14 9 e. The commissioner has complied with administrative rules 14 10 adopted by the state commissioner under chapter 52, including 14 11 having a written voting system security plan. 14 12 2. a. If the county is required to conduct an audit under 14 13 section 50.51, the commissioner shall include a copy of the 14 14 results with the certification required under this section. 14 15 b. If a county is not required to conduct an audit under 14 16 section 50.51, the commissioner shall include a copy of the 14 17 certification required under this section along with the 14 18 election canvass summary report required under section 50.30A. 14 19 3. The commissioner shall file a copy of the certification 14 20 under this section with the state commissioner. 14 21 4. The commissioner shall promptly notify the state 14 22 commissioner of each suspected incidence of election misconduct 14 23 that the commissioner has referred to other agencies or law 14 24 enforcement for investigation. 14 25 5. The state commissioner shall prescribe a form for use by 14 26 the county commissioners. 14 27 Sec. 26. Section 50.12, Code 2017, is amended to read as 14 28 follows: 14 29 50.12 Return and preservation of ballots. 14 30 Immediately after making the proclamation, and before 14 31 separating, the board members of each precinct in which votes 14 32 have been received by paper ballot shall enclose in an envelope 14 33 or other container all ballots which have been counted by them, 14 34 except those endorsed "Rejected as double", "Defective", or 14 35 "Objected to", and securely seal the envelope. The signatures 15 1 of all board members of the precinct shall be placed across 15 2 the seal or the opening of the container so that it cannot 15 3 be opened without breaking the seal. The precinct election 15 4 officials shall return all the ballots to the commissioner, who 15 5 shall carefully preserve them for six months. Ballots from 15 6 elections for federal offices shall be preserved for twenty=two 15 7 months. The sealed packages containing voted ballots shall 15 8 be opened only for an official recount authorized by section 15 9 50.48, 50.49, or 50.50, for an election contest held pursuant 15 10 to chapters 57 through 62, to conduct an audit pursuant to 15 11 section 50.51, or to destroy the ballots pursuant to section 15 12 50.19. 15 13 Sec. 27. NEW SECTION. 50.51 Election audits. 15 14 1. After each general election, the state commissioner 15 15 shall, with the cooperation of the county commissioners, 15 16 conduct an audit of the official canvass of votes from the 15 17 preceding general election. 15 18 2. The state commissioner shall determine the number of 15 19 counties and precincts to be audited and shall select the 15 20 precincts to be audited by lot. The absentee ballot and 15 21 special voters precinct for each county, established pursuant 15 22 to section 53.20, shall be included with all other precincts of 15 23 the county for selection by lot. In every precinct selected, 15 24 the commissioner shall conduct a hand count of all ballots cast 15 25 in the preceding general election for president of the United 15 26 States or governor, as the case may be. The hand count shall 15 27 be observed by a representative selected by each of the two 15 28 political parties whose candidates received the highest number 15 29 of votes statewide in the preceding general election. 15 30 3. a. The commissioner may order an administrative recount 15 31 pursuant to section 50.50 if the commissioner determines the 15 32 results of an audit require an administrative recount. 15 33 b. If selected to conduct an audit, the commissioner shall 15 34 provide an audit report to the county board of supervisors and 15 35 shall transmit the audit report to the state commissioner no 16 1 later than twenty days following the election. 16 2 4. The results of an audit conducted pursuant to this 16 3 section shall not change the results, or invalidate the 16 4 certification, of an election. 16 5 5. In advance of any other election, the state commissioner 16 6 may order an audit of the election in the manner provided in 16 7 this section. 16 8 6. The state commissioner shall adopt rules, pursuant to 16 9 chapter 17A, to implement this section. 16 10 EXPLANATION 16 11 The inclusion of this explanation does not constitute agreement with 16 12 the explanation's substance by the members of the general assembly. 16 13 This bill relates to the conduct and administration of 16 14 elections, including voter registration, absentee voting, 16 15 voter identity and signature verification, polling place 16 16 prohibitions, county commissioner of elections certifications, 16 17 post=election audits, and creation of an electronic poll book 16 18 program and revolving loan fund. 16 19 Division I of the bill relates to the conduct and 16 20 administration of elections generally. The bill requires a 16 21 person, while acting on behalf of a political party, a nonparty 16 22 political organization, or a candidate or committee subject 16 23 to Iowa's campaign finance laws, who accepts a completed 16 24 voter registration form from an applicant to submit the form 16 25 to the appropriate county commissioner of elections (county 16 26 auditor) within seven days of receiving the form. The bill 16 27 also provides that if the person accepts a completed voter 16 28 registration form within three days of a voter registration 16 29 deadline, the person must submit the form to the appropriate 16 30 commissioner within 24 hours of accepting the form, and not 16 31 later than the registration deadline for the next election. 16 32 By operation of current law, failure to timely submit such a 16 33 form would constitute a simple misdemeanor. The bill also 16 34 makes it a simple misdemeanor to violate any provision of Code 16 35 chapter 48A, related to voter registration, for which another 17 1 penalty is not provided. A simple misdemeanor is punishable by 17 2 confinement for no more than 30 days or a fine of at least $65 17 3 but not more than $625 or by both. 17 4 Division I requires county commissioners to cancel the voter 17 5 registration of a registered voter if the registered voter 17 6 is not a resident of Iowa or submits jury service=related 17 7 documentation that indicates that the voter is not a citizen of 17 8 the United States. 17 9 Division I of the bill also requires the state registrar of 17 10 vital statistics to produce and transmit certain lists to the 17 11 state registrar of voters (secretary of state) without charge. 17 12 Division I changes the time period to apply for an absentee 17 13 ballot from not more than 70 days before the election to not 17 14 more than 120 days before the election. The bill further 17 15 provides that an application received more than 120 days 17 16 before the election shall be returned to the applicant along 17 17 with notification of when the applications will be accepted. 17 18 Current law requires the commissioner to retain the application 17 19 and process it with other applications received within the 17 20 appropriate time period. 17 21 Division I requires that an application for an absentee 17 22 ballot by any applicant other than a person requesting an 17 23 absentee ballot pursuant to Code section 53.22 contain the 17 24 applicant's voter verification number, defined in the bill 17 25 as the voter's identification number assigned by the state 17 26 commissioner, driver's license number, or nonoperator's 17 27 identification card number. Under the bill, a person's 17 28 voter identification number, driver's license number, or 17 29 nonoperator's identification number is considered to be a voter 17 30 verification number, which is required to be kept confidential. 17 31 The bill also changes the absentee ballot application deadline 17 32 from the Friday before the election to the same deadline as 17 33 voter registration for a given election under Code section 17 34 48A.9, which is either 11 or 10 days before the election. 17 35 The bill establishes additional duties for actual or implied 18 1 agents of political parties for applications received after the 18 2 deadline. 18 3 Division I prohibits a voter from voting or offering to vote 18 4 a ballot in the commissioner's office that was not furnished to 18 5 the voter by the commissioner. The bill also prohibits a voter 18 6 from taking or removing any ballot from the commissioner's 18 7 office. Current law expressly prohibits these actions at 18 8 precinct polling places. 18 9 Division II of the bill relates to identity and signature 18 10 verification for certain voter registrants and voters. The 18 11 bill changes the requirements for establishing identity and 18 12 residence for persons registering to vote in=person absentee or 18 13 on election day by adding veterans identification cards issued 18 14 by the United States to the list of acceptable photographic 18 15 identification for establishing identity. 18 16 Division II of the bill requires the state registrar of 18 17 voters to compare lists of voters who registered to vote during 18 18 the preceding week with the department of transportation's 18 19 driver's license and nonoperator's identification card 18 20 files. Under the bill, the state registrar is required 18 21 to issue a free voter verification card, including a voter 18 22 identification number, to be used only for voting and voter 18 23 registration purposes, to registrants whose names do not appear 18 24 in the department's files. Under the bill, providing voter 18 25 verification cards is contingent upon adequate appropriations. 18 26 Division II of the bill also requires election officials 18 27 to verify a voter's identity before furnishing a ballot 18 28 to the voter. A voter at the polling place is required to 18 29 present the official with a voter verification card, an Iowa 18 30 driver's license, an Iowa nonoperator's identification card, a 18 31 United States passport, a United States military or veterans 18 32 identification card, or a voter acknowledgment card issued by 18 33 the county commissioner in order to verify the voter's identity 18 34 before the voter can receive a ballot. Under the bill, a voter 18 35 may also present the forms of identification required for 19 1 election day and in=person absentee voter registration or have 19 2 their identity and residency attested to by another registered 19 3 voter in order to verify the voter's identity. Under the bill, 19 4 a registered voter is allowed to attest to the identity and 19 5 residency of not more than two other voters on election day. 19 6 If the voter fails to establish the voter's identity by the 19 7 methods provided in the bill, the voter may vote a provisional 19 8 ballot. A voter may also vote a ballot as otherwise provided 19 9 for under current law by signing an oath attesting to the 19 10 voter's identity at any election conducted prior to January 1, 19 11 2019. 19 12 The bill also requires that county commissioners include 19 13 information on the verification of voter identities in the 19 14 notice of each election published under Code section 49.53. 19 15 Division II requires precinct election officials to examine 19 16 a voter's identification to determine whether the person 19 17 offering to vote matches the identification card, including 19 18 the voter's signature. The bill requires an election official 19 19 to challenge a person offering to vote if the person's 19 20 identification does not appear to be the person offering to 19 21 vote. If the challenge is not withdrawn, the voter may vote a 19 22 provisional ballot. The proof of identity requirements under 19 23 the bill shall not apply to persons voting absentee ballots 19 24 pursuant to Code section 53.22. 19 25 Related to absentee voting, division II of the bill provides 19 26 that a county commissioner may dispute certain applications 19 27 for an absentee ballot if it appears to the commissioner that 19 28 the signature on the application has been signed by someone 19 29 other than the registered voter, in comparing the signature on 19 30 the application to the signature on record of the registered 19 31 voter named on the application. If the commissioner disputes 19 32 a registered voter's application under this subsection, the 19 33 commissioner is required to notify the registered voter and 19 34 the registered voter is permitted to submit a new application 19 35 and signature or update the registered voter's signature 20 1 on record. The bill also requires county commissioners to 20 2 consider absentee ballots to be defective if it appears to 20 3 the commissioner that the signature on the envelope marked 20 4 with the affidavit has been signed by someone other than the 20 5 registered voter, in comparing the signature on the envelope to 20 6 the signature on record of the registered voter named on the 20 7 envelope. 20 8 Under the bill, the provisions of division II and their 20 9 application are severable. 20 10 Division II of the bill takes effect contingent on an 20 11 appropriation and applies to elections held on or after the 20 12 effective date of division II. 20 13 Division III of the bill relates to polling places by 20 14 creating an electronic poll book and polling place technology 20 15 program and revolving loan fund and by regulating the use of 20 16 photographic devices and the display of voted ballots. 20 17 Division III creates an electronic poll book and polling 20 18 place technology program and revolving loan fund in the state 20 19 treasury. Under the bill, the state commissioner of elections 20 20 (secretary of state) is required to administer the fund. 20 21 Moneys in the fund may include moneys allocated from the state 20 22 commissioner's budget and any other moneys obtained or accepted 20 23 by the state commissioner for deposit in the revolving loan 20 24 fund. The state commissioner is allowed to loan moneys in 20 25 the revolving loan fund to county commissioners to purchase 20 26 or update electronic poll book and polling place technology. 20 27 Under the bill, the state commissioner is allowed to spend 30 20 28 percent of the moneys in the revolving loan fund to administer 20 29 polling place technology. 20 30 Division III also provides that interest or earnings on 20 31 moneys in the revolving loan fund are credited to the fund and 20 32 moneys in the revolving loan fund that remain unencumbered or 20 33 unobligated at the close of a fiscal year remain available in 20 34 the revolving loan fund. 20 35 Division III strikes a provision of current law that 21 1 prohibits the use of all cameras, cellular telephones, pagers, 21 2 or other electronic communications devices in a voting booth 21 3 and provides that the use of photographic devices and the 21 4 display of voted ballots is prohibited if that use or display 21 5 is for purposes of election misconduct, interferes with other 21 6 voters, or interferes with the orderly operation of the polling 21 7 place. 21 8 Division IV of the bill requires each county commissioner to 21 9 place on file in the commissioner's office a certification that 21 10 the county met voting equipment testing, election personnel 21 11 training, polling place accessibility, publications, and 21 12 certain administrative rule requirements at each general 21 13 election. The certification is also required to include a 21 14 copy of the results of election audits if the commissioner is 21 15 required to conduct an audit, described in division IV of the 21 16 bill. If the commissioner is not required to conduct an audit, 21 17 the commissioner is required to include the certification with 21 18 the election canvass summary report. The county commissioner 21 19 is also required to file a copy of the certification with 21 20 the state commissioner. The bill further requires the 21 21 commissioner to promptly notify the state commissioner of 21 22 each suspected incidence of election misconduct that the 21 23 commissioner has referred to other agencies or law enforcement 21 24 for investigation. 21 25 Division IV of the bill also requires the state commissioner 21 26 to complete a post=election audit of each general election. 21 27 The bill requires the state commissioner to determine the 21 28 number of counties and precincts to be audited and to select 21 29 precincts to be audited in a county, by lot. The audit is 21 30 required to be a hand count of ballots for the office of 21 31 president of the United States or governor, as the case may 21 32 be. Under the bill, a county commissioner is allowed to 21 33 order an administrative recount under certain conditions. A 21 34 county commissioner selected to conduct an audit is required 21 35 to provide an audit report to the board of supervisors and 22 1 the state commissioner, as provided for under the bill. The 22 2 results of an audit shall not change the results, or invalidate 22 3 the certification, of an election. LSB 1365SV (3) 87 aw/sc
