Senate File 85 - Introduced SENATE FILE 85 BY SORENSON , DIX , BREITBACH , BEHN , ZUMBACH , SCHNEIDER , CHAPMAN , SEGEBART , SMITH , KAPUCIAN , BOETTGER , WHITVER , CHELGREN , ERNST , GUTH , FEENSTRA , SINCLAIR , ROZENBOOM , ZAUN , ANDERSON , JOHNSON , GREINER , HOUSER , and BERTRAND A BILL FOR An Act relating to proof of identification and proof of 1 residence in order to register to vote or to vote, 2 establishing a criminal offense for falsely swearing 3 certain oaths and affidavits, and including applicability 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1726XS (6) 85 aw/sc

S.F. 85 DIVISION I 1 VOTER IDENTIFICATION REQUIREMENTS 2 Section 1. Section 39A.2, subsection 1, paragraph b, Code 3 2013, is amended by adding the following new subparagraph: 4 NEW SUBPARAGRAPH . (6) Falsely swears to an oath required 5 pursuant to section 49.77, subsection 3, or an affidavit 6 pursuant to section 49.81, subsection 5, paragraph “b” . 7 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 8 2013, is amended to read as follows: 9 a. A person who is eligible to register to vote and to vote 10 may register on election day by appearing in person at the 11 polling place for the precinct in which the individual resides 12 and completing a voter registration application, making written 13 oath, and providing proof of identity and residence proof of 14 residence pursuant to paragraph “b” . 15 Sec. 3. Section 48A.7A, subsection 1, paragraph b, Code 16 2013, is amended by striking the paragraph and inserting in 17 lieu thereof the following: 18 b. (1) For purposes of this section, a person may establish 19 identity by showing proof of identification as required in 20 section 49.77, subsection 3. 21 (2) For purposes of this section, a person may establish 22 residence using a proof of identification document described 23 in section 49.77, subsection 3, paragraph “b” , if the proof of 24 identification contains the person’s current address in the 25 precinct. If the proof of identification does not contain the 26 person’s current address in the precinct, the person shall also 27 present one of the following documents that shows the person’s 28 name and current address in the precinct: 29 (a) Utility bill. 30 (b) Bank statement. 31 (c) Paycheck. 32 (d) Government check. 33 (e) Other government document. 34 Sec. 4. Section 48A.7A, subsections 2 and 3, Code 2013, are 35 -1- LSB 1726XS (6) 85 aw/sc 1/ 14

S.F. 85 amended to read as follows: 1 2. The oath required in subsection 1 , paragraph “a” , and 2 in paragraph “c” , if applicable, shall be executed on the 3 same piece of paper and attached to the voter registration 4 application. 5 3. At any time before election day, and after the deadline 6 for registration in section 48A.9 , a person who appears in 7 person at the commissioner’s office or at a satellite absentee 8 voting station or whose ballot is delivered to a health care 9 facility pursuant to section 53.22 may register to vote and 10 vote an absentee ballot by following the procedure in this 11 section for registering to vote on election day. A person who 12 wishes to vote in person at the polling place on election day 13 and who has not registered to vote before the deadline for 14 registering in section 48A.9 , is required to register to vote 15 at the polling place on election day following the procedure 16 in this section . However, the person may complete the voter 17 registration application at the commissioner’s office and, 18 after the commissioner has reviewed the completed application, 19 may present the application to the appropriate precinct 20 election official along with proof of identity and residency 21 identification and proof of residence . 22 Sec. 5. Section 49.53, subsection 1, Code 2013, is amended 23 to read as follows: 24 1. The commissioner shall not less than four nor more than 25 twenty days before the day of each election, except those for 26 which different publication requirements are prescribed by law, 27 publish notice of the election. The notice shall contain a 28 facsimile of the portion of the ballot containing the first 29 rotation as prescribed by section 49.31, subsection 2 , and 30 shall show the names of all candidates or nominees and the 31 office each seeks, and all public questions, to be voted upon 32 at the election. The sample ballot published as a part of the 33 notice may at the discretion of the commissioner be reduced in 34 size relative to the actual ballot but such reduction shall not 35 -2- LSB 1726XS (6) 85 aw/sc 2/ 14

S.F. 85 cause upper case letters appearing in candidates’ names or in 1 summaries of public measures on the published sample ballot to 2 be less than nine point type. The notice shall also state the 3 date of the election, the hours the polls will be open, that 4 all voters will be required to show proof of identification 5 before casting a ballot, the location of each polling place at 6 which voting is to occur in the election, and the names of the 7 precincts voting at each polling place, but the statement need 8 not set forth any fact which is apparent from the portion of 9 the ballot appearing as a part of the same notice. The notice 10 shall include the full text of all public measures to be voted 11 upon at the election. 12 Sec. 6. Section 49.77, subsection 3, Code 2013, is amended 13 by striking the subsection and inserting in lieu thereof the 14 following: 15 3. a. A precinct election official shall require the voter 16 to present for inspection proof of identification before being 17 allowed to vote. 18 b. For purposes of this section, “proof of identification” 19 refers to a document that satisfies all of the following: 20 (1) The document shows the name of the individual to whom 21 the document was issued which shall conform to the name on the 22 election register. 23 (2) The document shows a photograph of the individual to 24 whom it was issued. 25 (3) The document was issued by the government of the 26 United States, the state of Iowa, an Iowa public or private 27 university or college, an Iowa secondary school, or a political 28 subdivision of the state of Iowa. In the case of a document 29 issued by a political subdivision, the document shall be 30 issued not later than the close of voter registration for 31 the applicable election as set forth in section 48A.9 and 32 shall meet all other requirements established by the state 33 commissioner by rule. 34 c. In lieu of paragraph “b” , a person wishing to vote may 35 -3- LSB 1726XS (6) 85 aw/sc 3/ 14

S.F. 85 establish proof of identity by written oath of the person 1 wishing to vote and of an attesting person who provides proof 2 of identification pursuant to paragraph “b” . The oath shall be 3 in the form prescribed by the state commissioner of elections 4 and shall state the identity and attest to the stated identity 5 of the person wishing to vote. The oath must be signed by the 6 attesting person and the person wishing to vote in the presence 7 of the appropriate precinct election official. A person who 8 has signed an oath attesting to a person’s identity as provided 9 in this paragraph is prohibited from signing any further oaths 10 as provided in this paragraph for the same election. The oath 11 shall advise the person wishing to vote and the attesting 12 person that falsely signing such an oath or falsely attesting 13 to a voter’s identity is a class “D” felony. 14 d. The commissioner shall, within forty-five days after 15 each election, review all attestations received under this 16 subsection and if any individual is found to have attested for 17 more than one voter in a particular election, the commissioner 18 shall immediately notify the state commissioner and the county 19 attorney. 20 Sec. 7. Section 49.77, Code 2013, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 3A. a. If proof of identification or proof 23 of identity is established under subsection 3, the person shall 24 be allowed to vote. 25 b. If a person is unable or refuses to present proof of 26 identification, or the precinct election official determines 27 the proof of identification presented by the person does 28 not qualify as proof of identification under subsection 29 3, paragraph “b” , or proof of identity under subsection 3, 30 paragraph “c” , the person shall be offered the option to vote a 31 ballot, but only in accordance with section 49.81. 32 Sec. 8. Section 49.77, subsection 4, paragraph a, Code 2013, 33 is amended to read as follows: 34 a. A person whose name does not appear on the election 35 -4- LSB 1726XS (6) 85 aw/sc 4/ 14

S.F. 85 register of the precinct in which that person claims the right 1 to vote shall not be permitted to vote, unless the person 2 affirms that the person is currently registered in the county 3 and presents proof of identity, or the commissioner informs 4 the precinct election officials that an error has occurred 5 and that the person is a registered voter of that precinct , 6 and the person presents proof of identification pursuant to 7 subsection 3 . If the commissioner finds no record of the 8 person’s registration but the person insists that the person 9 is a registered voter of that precinct, the precinct election 10 officials shall allow the person to cast a ballot in the manner 11 prescribed by section 49.81 . 12 Sec. 9. Section 49.81, subsection 1, Code 2013, is amended 13 to read as follows: 14 1. A prospective voter who is prohibited under section 15 48A.8, subsection 4 , section 49.77, subsection 3A, paragraph 16 “b” , section 49.77, subsection 4 , section 49.80 , or section 17 53.19, subsection 3 , or section 53.22, subsection 1, paragraph 18 “d” , from voting except under this section shall be notified by 19 the appropriate precinct election official that the voter may 20 cast a provisional ballot. The voter shall mark the ballot and 21 immediately seal it in an envelope of the type prescribed by 22 subsection 4 . The voter shall deliver the sealed envelope to a 23 precinct election official who shall deposit it in an envelope 24 marked “provisional ballots”. The ballot shall be considered 25 as having been cast in the special precinct established by 26 section 53.20 for purposes of the postelection canvass. 27 Sec. 10. Section 49.81, subsection 2, paragraph b, Code 28 2013, is amended to read as follows: 29 b. If the person is casting a provisional ballot because 30 the person failed was unable or refused to provide a required 31 form of identification pursuant to section 48A.8, subsection 32 4, section 49.77, subsection 3A, paragraph “b” , section 49.77, 33 subsection 4, or section 53.22, subsection 1, paragraph “d” , a 34 list of the types of acceptable identification and notification 35 -5- LSB 1726XS (6) 85 aw/sc 5/ 14

S.F. 85 that the person must show identification before the ballot can 1 be counted. 2 Sec. 11. Section 49.81, Code 2013, is amended by adding the 3 following new subsection: 4 NEW SUBSECTION . 5. a. If a voter casts a provisional 5 ballot pursuant to section 49.77, subsection 3A, paragraph 6 “b” , the precinct election official shall indicate on the 7 provisional ballot envelope that the voter is casting a 8 provisional ballot due to the voter’s inability or refusal to 9 present proof of identification. 10 b. At the time a provisional ballot is cast the voter may 11 also execute an affidavit in the form prescribed by the state 12 commissioner which shall be attached to the provisional ballot 13 envelope, affirming that the voter is the person the voter 14 claims to be and further affirming either of the following: 15 (1) The voter is indigent and is unable to obtain proof of 16 identification without the payment of a fee. 17 (2) The voter has a religious objection to being 18 photographed. 19 c. A provisional ballot cast pursuant to section 49.77, 20 subsection 3A, paragraph “b” , which is accompanied by an 21 affidavit executed pursuant to paragraph “b” of this subsection 22 shall be presumed valid by the special precinct board and 23 shall be counted unless additional written statements or 24 documents are delivered to the commissioner’s office prior to 25 the date provisional ballots are considered by the special 26 precinct election board and the special precinct election board 27 determines such additional evidence successfully rebuts the 28 presumption of validity. 29 Sec. 12. Section 53.10, subsection 2, Code 2013, is amended 30 to read as follows: 31 2. Each person who wishes to vote by absentee ballot at 32 the commissioner’s office shall first sign an application 33 for a ballot including the following information: name, 34 current address, and the election for which the ballot is 35 -6- LSB 1726XS (6) 85 aw/sc 6/ 14

S.F. 85 requested. The person may report a change of address or other 1 information on the person’s voter registration record at that 2 time. The person must also provide proof of identification 3 pursuant to section 49.77, subsection 3, or be offered the 4 option to vote a provisional ballot pursuant to section 49.77, 5 subsection 3A, paragraph “b” , before receiving an absentee 6 ballot. Upon receipt of the absentee ballot, the registered 7 voter shall immediately mark the ballot; enclose the ballot in 8 a secrecy envelope, if necessary, and seal it in an affidavit 9 envelope; subscribe to the affidavit on the reverse side of the 10 envelope; and return the absentee ballot to the commissioner. 11 The commissioner shall record the numbers appearing on the 12 application and affidavit envelope along with the name of the 13 registered voter. 14 Sec. 13. Section 53.22, subsection 1, Code 2013, is amended 15 by adding the following new paragraph: 16 NEW PARAGRAPH . d. Before receiving a ballot under 17 this subsection, each applicant shall present proof of 18 identification pursuant to section 49.77, subsection 3, to 19 the special precinct election board members. If an applicant 20 is unable to present proof of identification, the applicant 21 shall have an opportunity to execute an affidavit in the form 22 prescribed by the state commissioner of elections affirming 23 that the voter does not have and is unable to obtain proof of 24 identification and that the voter resides in a hospital or 25 health care facility and is casting a ballot pursuant to this 26 section. If the applicant refuses to execute an affidavit, the 27 voter’s ballot shall be considered a provisional ballot cast 28 pursuant to section 49.81. 29 Sec. 14. Section 321.190, subsection 1, paragraph d, Code 30 2013, is amended to read as follows: 31 d. The fee for a nonoperator’s identification card shall 32 be five dollars and the card shall be valid for a period 33 of five years from the date of issuance. A nonoperator’s 34 identification card shall be issued without expiration 35 -7- LSB 1726XS (6) 85 aw/sc 7/ 14

S.F. 85 to anyone age seventy or over. If an applicant for a 1 nonoperator’s identification card is a foreign national 2 who is temporarily present in this state, the nonoperator’s 3 identification card shall be issued only for the length of time 4 the foreign national is authorized to be present as determined 5 by the department, not to exceed two years. An issuance fee 6 shall not be charged for a person whose driver’s license or 7 driving privilege has been suspended under section 321.210, 8 subsection 1 , paragraph “a” , subparagraph (3) , or for a person 9 obtaining an identification card to be used under section 10 49.77, subsection 3, for voting purposes. Identification cards 11 obtained for voting purposes shall be labeled by the department 12 as “For Voting Purposes Only” . 13 DIVISION II 14 CONFORMING PROVISIONS 15 Sec. 15. Section 48A.8, subsection 2, unnumbered paragraph 16 1, Code 2013, is amended to read as follows: 17 An eligible elector who registers by mail and who has 18 not previously voted in an election for federal office in 19 the county of registration shall be required to provide 20 additional identification documents when voting for the first 21 time in the county, unless the registrant provided on the 22 registration form the registrant’s Iowa driver’s license 23 number, or the registrant’s Iowa nonoperator’s identification 24 card number, or the last four numerals of the registrant’s 25 social security number and the driver’s license, nonoperator’s 26 identification, or partial social security number matches 27 an existing state or federal identification record with the 28 same number, name, and date of birth. If the registrant 29 is required to show additional identification under this 30 subsection and votes in person at the polls, or by absentee 31 ballot at the commissioner’s office or at a satellite voting 32 station, the registrant shall provide a current and valid 33 photo identification card, or shall present to the appropriate 34 election official one of the following current documents that 35 -8- LSB 1726XS (6) 85 aw/sc 8/ 14

S.F. 85 shows the name and address of the registrant: 1 Sec. 16. Section 48A.8, subsection 4, Code 2013, is amended 2 to read as follows: 3 4. A registrant under subsection 2 who is required to 4 present additional identification when casting a ballot in 5 person shall be permitted to vote a provisional ballot if the 6 voter does not provide the required additional identification 7 documents pursuant to subsection 2 . If a voter who is required 8 to present such additional identification when casting a ballot 9 votes an absentee ballot by mail, the ballot returned by the 10 voter shall be considered a provisional ballot pursuant to 11 sections 49.81 and 53.31 . 12 Sec. 17. Section 48A.27, subsection 4, paragraph c, 13 subparagraph (2), Code 2013, is amended to read as follows: 14 (2) The notice shall contain a statement in substantially 15 the following form: 16 Information received from the United States postal service 17 indicates that you are no longer a resident of, and therefore 18 not eligible to vote in (name of county) County, Iowa. If this 19 information is not correct, and you still live in (name of 20 county) County, please complete and mail the attached postage 21 paid card at least ten days before the primary or general 22 election and at least eleven days before any other election at 23 which you wish to vote. If the information is correct and you 24 have moved, please contact a local official in your new area 25 for assistance in registering there. If you do not mail in 26 the card, you may be required to show identification before 27 being allowed to vote in (name of county) County. If you do not 28 return the card, and you do not vote in an election in (name 29 of county) County, Iowa, on or before (date of second general 30 election following the date of the notice) your name will be 31 removed from the list of voters in that county. 32 Sec. 18. Section 48A.29, subsection 1, paragraph b, Code 33 2013, is amended to read as follows: 34 b. The notice shall contain a statement in substantially the 35 -9- LSB 1726XS (6) 85 aw/sc 9/ 14

S.F. 85 following form: 1 Information received from the United States postal service 2 indicates that you are no longer a resident of (residence 3 address) in (name of county) County, Iowa. If this information 4 is not correct, and you still live in (name of county) County, 5 please complete and mail the attached postage paid card at 6 least ten days before the primary or general election and at 7 least eleven days before any other election at which you wish 8 to vote. If the information is correct, and you have moved, 9 please contact a local official in your new area for assistance 10 in registering there. If you do not mail in the card, you may 11 be required to show identification before being allowed to vote 12 in (name of county) County. If you do not return the card, and 13 you do not vote in some election in (name of county) County, 14 Iowa, on or before (date of second general election following 15 the date of the notice) your name will be removed from the list 16 of voters in that county. 17 Sec. 19. Section 48A.29, subsection 3, paragraph b, Code 18 2013, is amended to read as follows: 19 b. The notice shall contain a statement in substantially the 20 following form: 21 Information received by this office indicates that you are no 22 longer a resident of (residence address) in (name of county) 23 County, Iowa. If the information is not correct, and you still 24 live at that address, please complete and mail the attached 25 postage paid card at least ten days before the primary or 26 general election and at least eleven days before any other 27 election at which you wish to vote. If the information is 28 correct, and you have moved within the county, you may update 29 your registration by listing your new address on the card and 30 mailing it back. If you have moved outside the county, please 31 contact a local official in your new area for assistance in 32 registering there. If you do not mail in the card, you may be 33 required to show identification before being allowed to vote in 34 (name of county) County. If you do not return the card, and you 35 -10- LSB 1726XS (6) 85 aw/sc 10/ 14

S.F. 85 do not vote in some election in (name of county) County, Iowa, 1 on or before (date of second general election following the 2 date of the notice) your name will be removed from the list of 3 registered voters in that county. 4 DIVISION III 5 APPLICABILITY 6 Sec. 20. APPLICABILITY. This Act applies to elections held 7 on or after January 1, 2015. 8 EXPLANATION 9 This bill requires that a person provide certain proof of 10 identification at the time that the person votes and modifies 11 proof of identification and proof of residence requirements for 12 election day and in-person absentee registration. 13 Division I of the bill modifies the proof of identification 14 and proof of residence requirements for election day and 15 in-person absentee registration. The bill requires that 16 acceptable proof of identification is the same proof of 17 identification required of a voter who is already registered 18 to vote. The bill removes residential leases and property tax 19 statements from the list of acceptable documents to provide 20 proof of residence for election day and in-person absentee 21 registration. 22 The bill maintains current law allowing a person wishing 23 to register to vote on election day, or in person when voting 24 an absentee ballot, to establish proof of identity and proof 25 of residence by written oath of a person who is registered to 26 vote in the precinct, but requires that the oath of the person 27 wishing to vote and the registered voter’s oath be executed on 28 the same piece of paper. 29 The bill requires that a voter provide proof of 30 identification to a precinct election official before being 31 allowed to vote, and also requires that a person wishing to 32 vote by absentee ballot at a county commissioner of elections 33 office or at a satellite absentee voting station present 34 the same proof of identification. The bill requires that 35 -11- LSB 1726XS (6) 85 aw/sc 11/ 14

S.F. 85 acceptable proof of identification show the name of the 1 individual voter, include a photograph of the voter, and be 2 issued by the government of the United States, the state of 3 Iowa, an Iowa public or private university or college, an Iowa 4 secondary school, or a political subdivision of the state. 5 The bill provides that, in lieu of providing identification 6 in order to vote, a person may establish proof of identity by 7 written oath of the person wishing to vote and of a person who 8 provides their own proof of identification and who attests 9 to the voter’s identity. The bill provides that the oath 10 shall be in the form prescribed by the state commissioner of 11 elections, and that the oath shall state the identity of the 12 person wishing to vote and shall attest to the stated identity 13 of the person wishing to vote. The bill requires that the oath 14 be signed by both the attesting person and the person wishing 15 to vote. The bill makes it a class “D” felony to falsely sign 16 an oath pursuant to this provision or to falsely attest to a 17 voter’s identity. The bill requires that the oath advise both 18 persons that falsely stating or attesting to a voter’s identity 19 is a class “D” felony. A class “D” felony is punishable by 20 confinement for no more than five years and a fine of at least 21 $750 but not more than $7,500. The bill provides that an 22 attesting person is prohibited from signing any additional such 23 oaths for the same election. 24 The bill provides that if proof of identification is 25 established the person shall then be allowed to vote. If a 26 person is unable or refuses to present proof of identification, 27 or if the precinct election official determines that the 28 proof of identification does not meet specified requirements, 29 the person shall be offered the option to vote a provisional 30 ballot. If a person is casting a provisional ballot 31 under these circumstances, the person shall receive a 32 printed statement giving notice of the types of acceptable 33 identification and notice that the person is required to show 34 acceptable identification before the provisional ballot can be 35 -12- LSB 1726XS (6) 85 aw/sc 12/ 14

S.F. 85 counted unless the voter executes an affidavit pursuant to Code 1 section 49.81, subsection 5. If a voter casts a provisional 2 ballot for these reasons, the precinct election official shall 3 indicate on the provisional ballot that the voter is casting 4 a provisional ballot due to the voter’s inability or refusal 5 to present proof of identification. The bill provides that a 6 voter casting a provisional ballot for this reason may execute 7 an affidavit in the form prescribed by the state commissioner 8 of elections, affirming that the voter is the person the voter 9 claims to be and affirming that the voter is either indigent 10 and unable to obtain proof of identification without the 11 payment of a fee or that the voter has a religious objection to 12 being photographed. 13 The bill makes it a class “D” felony to falsify an affidavit 14 that attests to identity. A class “D” felony is punishable by 15 confinement for no more than five years and a fine of at least 16 $750 but not more than $7,500. The bill also provides that 17 any provisional ballot cast accompanied by such an affidavit 18 shall be presumed valid unless additional written statements 19 or documents are delivered to the county commissioner of 20 elections office prior to the date that provisional ballots 21 are considered and the precinct election board determines that 22 such additional evidence successfully rebuts the presumption 23 of validity. 24 The bill also makes changes to the election notice to be 25 published by the county commissioner of elections to require 26 that election notices include a statement that all voters will 27 be required to show proof of identification before casting a 28 ballot. 29 The bill requires that certain persons residing in a 30 hospital or health care facility who apply to vote by absentee 31 ballot shall present proof of identification. If the applicant 32 is unable to present proof of identification they shall be able 33 to execute an affidavit in the form prescribed by the state 34 commissioner of elections, stating that the voter does not have 35 -13- LSB 1726XS (6) 85 aw/sc 13/ 14

S.F. 85 and is unable to obtain proof of identification and that the 1 voter resides in a hospital or health care facility. If the 2 applicant refuses to execute such an affidavit and is unable to 3 present proof of identification, the voter is allowed to cast a 4 provisional ballot. 5 The bill also provides that a person obtaining a 6 nonoperator’s identification card for the purpose of voting 7 shall not be charged for the issuance of the nonoperator’s 8 identification card. The bill requires that nonoperator’s 9 identification cards issued to serve as proof of identification 10 for voting be labeled by the department as “For Voting Purposes 11 Only”. 12 Division II of the bill makes conforming changes to certain 13 required notices on forms related to voter registration and 14 registration by mail. 15 Division III of the bill provides that the bill applies to 16 elections held on or after January 1, 2015. 17 -14- LSB 1726XS (6) 85 aw/sc 14/ 14