Iowa-2017-SF65-Introduced
Senate File 65 - 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 2017, 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 2017, 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 2017, 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 the
1 30 commissioner of registration determines that the applicant is
1 31 not an eligible elector or the applicant declines to register
1 32 to vote after receiving notification under subsection 4A. A
1 33 completed voter registration form application submitted to
1 34 the office of driver services of the state department of
1 35 transportation shall be considered to update any previous voter
2 1 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 2017, 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, date of birth, residential
2 13 address, mailing address, and social security number for each
2 14 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 received under
2 18 paragraph "a" to the appropriate commissioner of registration.
2 19 c. The state commissioner of elections shall adopt rules
2 20 pursuant to chapter 17A, consistent with section 9E.6, for the
2 21 registration of address confidentiality program participants.
2 22 d. The state voter registration commission, in consultation
2 23 with the department of transportation, shall adopt rules
2 24 pursuant to chapter 17A to administer and interpret this
2 25 section, including rules to establish electronic applications
2 26 and procedures used by the office of driver services for
2 27 voter registration purposes, rules to establish schedules for
2 28 transmission of electronic records, and rules and forms to
2 29 decline being registered to vote.
2 30 Sec. 5. Section 48A.18, Code 2017, is amended by adding the
2 31 following new subsection:
2 32 NEW SUBSECTION. 4A. a. (1) Upon receiving the electronic
2 33 record for a person under subsection 4, the state registrar
2 34 of voters shall transmit or otherwise make accessible the
2 35 electronic record of the person to the commissioner of
3 1 registration where the person resides. Upon reviewing the
3 2 electronic record received from the state registrar of voters,
3 3 along with any other relevant information, the commissioner of
3 4 registration shall determine if a person is an eligible elector
3 5 of the county. If the commissioner determines that a person is
3 6 an eligible elector of the county and is not registered to vote
3 7 in that county, the commissioner shall notify the person of the
3 8 separate processes to decline being registered to vote or to
3 9 declare a political party affiliation.
3 10 (2) If the person is registered to vote in the county, the
3 11 commissioner shall use the electronic record and information to
3 12 update the person's voter registration if appropriate.
3 13 b. If a person notified under paragraph "a" does not decline
3 14 to be registered to vote within twenty=one calendar days after
3 15 the commissioner of registration issues the notification,
3 16 the person's electronic record and the electronic signature
3 17 obtained by the department of transportation shall constitute a
3 18 completed voter registration form under section 48A.11, and the
3 19 commissioner of registration shall register the person to vote
3 20 in that county. The commissioner shall send an acknowledgment
3 21 pursuant to section 48A.26.
3 22 c. A commissioner of registration shall not add a person
3 23 subject to registration under this subsection to a voter
3 24 registration list until at least twenty=one calendar days
3 25 after the commissioner has issued notification to the person
3 26 as described in paragraph "a".
3 27 d. The electronic record and electronic signature of a
3 28 person who does not qualify as an eligible elector shall not
3 29 constitute a completed voter registration form under section
3 30 48A.11 and such a person's application for a driver's license
3 31 or nonoperator's identification card shall not be considered
3 32 to be a voter registration application for purposes of section
3 33 39A.2, subsection 1, paragraph "a".
3 34 Sec. 6. Section 48A.21, Code 2017, is amended to read as
3 35 follows:
4 1 48A.21 Transmission of forms from agencies and driver's
4 2 license stations.
4 3 The state registrar of voters shall adopt administrative
4 4 rules regulating the transmission of completed voter
4 5 registration forms from voter registration agencies and from
4 6 driver's license stations, including county treasurer's offices
4 7 participating in county issuance of driver's licenses under
4 8 chapter 321M. All completed voter registration applications
4 9 in the possession of a voter registration agency, a driver's
4 10 license station, or a county treasurer's office that is
4 11 participating in county issuance of driver's licenses at 5:00
4 12 p.m. on the last workday of each week shall be transmitted
4 13 to the location designated by the state registrar of voters
4 14 by rule. Procedures or requirements for more frequent
4 15 transmissions may be specified by rule.
4 16 Sec. 7. Section 48A.26, subsection 1, paragraph b, Code
4 17 2017, is amended to read as follows:
4 18 b. (1) For a voter registration form or change of
4 19 information in a voter registration record submitted at a
4 20 precinct caucus, the commissioner shall send an acknowledgment
4 21 within forty=five days of receipt of the form or change of
4 22 information.
4 23 (2) For a voter registration application or change of
4 24 information in a voter registration record completed pursuant
4 25 to section 48A.18, subsection 4A, the commissioner shall send
4 26 an acknowledgment within seven working days of the person being
4 27 registered under that subsection.
4 28 Sec. 8. Section 48A.26, subsection 8, Code 2017, is amended
4 29 to read as follows:
4 30 8. An A completed voter registration application,
4 31 improperly transmitted under section 48A.18, subsection 4A, or
4 32 an improperly addressed or delivered registration form shall be
4 33 transmitted or forwarded to the appropriate county commissioner
4 34 of registration within two working days after it is received by
4 35 any other official. The date of registration shall be the date
5 1 the completed application or registration form was received by
5 2 the first official. If the registration form was postmarked
5 3 fifteen or more days before an election and the registration
5 4 form was received by the first official after the close of
5 5 registration, the registration form shall be considered on time
5 6 for the election.
5 7 Sec. 9. Section 48A.36, subsection 1, Code 2017, is amended
5 8 to read as follows:
5 9 1. Voter registration agencies and the office of driver
5 10 services of the state department of transportation may
5 11 electronically transmit registration data to the state
5 12 registrar of voters, who shall distribute the information,
5 13 electronically or otherwise, to the appropriate commissioner
5 14 in accordance with rules of the state voter registration
5 15 commission and the state registrar of voters. The office of
5 16 driver services of the state department of transportation
5 17 shall electronically transmit registration data to the state
5 18 registrar of voters as required pursuant to section 48A.18.
5 19 The state agency originating the registration data shall
5 20 permanently retain an electronic copy of the form completed
5 21 by the registrant, including the registrant's signature, and
5 22 shall develop procedures for the retrieval and printing of
5 23 that electronic document. A printed copy of an electronic
5 24 registration document shall be made only upon the agency's
5 25 receipt of a court order.
5 26 Sec. 10. Section 331.557A, subsection 5, Code 2017, is
5 27 amended to read as follows:
5 28 5. Participate in voter registration according to the
5 29 terms of chapter 48A, and submit completed voter registration
5 30 forms to the state registrar of voters appropriate county
5 31 commissioner of registration.
5 32 Sec. 11. IMPLEMENTATION OF ACT. Section 25B.2, subsection
5 33 3, shall not apply to this Act.
5 34 Sec. 12. EFFECTIVE DATE. This Act takes effect January 1,
5 35 2018.
6 1 EXPLANATION
6 2 The inclusion of this explanation does not constitute agreement with
6 3 the explanation's substance by the members of the general assembly.
6 4 This bill relates to voter registration by allowing
6 5 registration of eligible electors to vote following review
6 6 of electronic records received from driver's license and
6 7 nonoperator's identification card applications by county
6 8 commissioners of registration (county auditors).
6 9 The bill requires that the office of driver services of the
6 10 department of transportation transmit to the state registrar of
6 11 voters (the secretary of state) electronic records containing
6 12 the legal name, date of birth, residential address, mailing
6 13 address, and social security number for each person submitting
6 14 an application for a driver's license or nonoperator's
6 15 identification card, or any renewal application. Current Code
6 16 section 321.182 requires that an application for a license
6 17 or card include an applicant's full name, signature, current
6 18 mailing address, current residential address, date of birth,
6 19 social security number, and other information. Under current
6 20 administrative rules of the state department of transportation,
6 21 an applicant for a license or card is required to provide proof
6 22 of lawful status in the United States. Also under current
6 23 administrative rules, a person's signature for a driver's
6 24 license or nonoperator's identification card application is
6 25 required to be captured electronically. Under current law,
6 26 a county treasurer's office participating in county issuance
6 27 of driver's licenses is required to participate in voter
6 28 registration to the same extent as a license facility of the
6 29 state department of transportation.
6 30 The bill requires the state registrar of voters to
6 31 transmit the electronic records to the county commissioner of
6 32 registration of the county where the person resides. The bill
6 33 requires that the county commissioner review the electronic
6 34 record and any other relevant information to determine if a
6 35 person is an eligible elector. If the county commissioner
7 1 determines a person to be an eligible elector and the person is
7 2 not registered to vote in the county, the county commissioner
7 3 is required to notify the person of the separate processes to
7 4 decline to register to vote or to declare a political party
7 5 affiliation. If a notified person fails to decline voter
7 6 registration within 21 days after the county commissioner
7 7 issued the notification, the bill provides that the electronic
7 8 record and electronic signature shall constitute a completed
7 9 voter registration form for that person and the bill requires
7 10 the county commissioner to register the person to vote in that
7 11 county and send the person an acknowledgment as required by
7 12 current law.
7 13 The bill prohibits a county commissioner from adding a
7 14 person's name to a voter registration list until at least 21
7 15 days after the commissioner has issued notification to the
7 16 person. The bill requires that a county commissioner send an
7 17 acknowledgment of registration within seven business days of
7 18 registering a person under the bill. The bill also provides
7 19 that the electronic record of a person who does not qualify
7 20 as an eligible elector does not constitute a completed voter
7 21 registration form. Under the bill, such a person submitting
7 22 an application for a license or card will not be subject to
7 23 charges for voter registration fraud under Code section 39A.2
7 24 for submitting such an application.
7 25 The bill also grants the state voter registration
7 26 commission, in consultation with the department of
7 27 transportation, the authority to adopt rules to administer
7 28 and interpret the provisions of the bill relating to voter
7 29 registration at motor vehicle driver's license stations. If
7 30 interpretive rulemaking authority is clearly vested in the
7 31 discretion of an agency by statute, the applicable judicial
7 32 standard of review is whether the rules constitute an
7 33 irrational, illogical, or wholly unjustifiable interpretation
7 34 of law by the agency (Code section 17A.19(10)(l)). If
7 35 interpretive rulemaking authority is not clearly vested in
8 1 the discretion of an agency, the applicable judicial standard
8 2 of review is whether the rules constitute an erroneous
8 3 interpretation of law (Code section 17A.19(10)(c)).
8 4 The bill makes changes to current law related to address
8 5 confidentiality program participants under Code chapter 9E by
8 6 requiring the state registrar to adopt rules for administration
8 7 of registration for those participants.
8 8 The bill specifies that a requirement that separate
8 9 registration forms be signed by each individual registrant only
8 10 applies to paper registration forms.
8 11 The bill may include a state mandate as defined in Code
8 12 section 25B.3. The bill makes inapplicable Code section 25B.2,
8 13 subsection 3, which would relieve a political subdivision from
8 14 complying with a state mandate if funding for the cost of
8 15 the state mandate is not provided or specified. Therefore,
8 16 political subdivisions are required to comply with any state
8 17 mandate included in the bill.
8 18 The bill takes effect January 1, 2018.
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