Bill Text: IA SSB3060 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A study bill for an act relating to elections and voter registration by modifying proof of identity requirements for election day and in=person absentee registration, requiring proof of identification to vote and creating a criminal offense for falsely swearing certain related oaths and affidavits, and including applicability provisions.
Sponsorship: Unknown
Status: (N/A - Dead) 0000-00-00 - In State Government [SSB3060 Detail]
Download: Iowa-2013-SSB3060-Introduced.html
Senate
Study
Bill
3060
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
SECRETARY
OF
STATE
BILL)
A
BILL
FOR
An
Act
relating
to
elections
and
voter
registration
by
1
modifying
proof
of
identity
requirements
for
election
day
2
and
in-person
absentee
registration,
requiring
proof
of
3
identification
to
vote
and
creating
a
criminal
offense
for
4
falsely
swearing
certain
related
oaths
and
affidavits,
and
5
including
applicability
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
7
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H.F.
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Section
1.
Section
39A.2,
subsection
1,
paragraph
b,
Code
1
2014,
is
amended
by
adding
the
following
new
subparagraph:
2
NEW
SUBPARAGRAPH
.
(6)
Falsely
swears
to
or
affirms
an
3
oath
required
pursuant
to
section
49.77,
subsection
3,
or
an
4
affidavit
pursuant
to
section
49.81,
subsection
5,
paragraph
5
“b”
.
6
Sec.
2.
Section
48A.7A,
subsection
1,
paragraphs
a
and
b,
7
Code
2014,
are
amended
to
read
as
follows:
8
a.
A
person
who
is
eligible
to
register
to
vote
and
to
9
vote
may
register
on
election
day
by
appearing
in
person
at
10
the
polling
place
for
the
precinct
in
which
the
individual
11
resides
and
completing
a
voter
registration
application,
making
12
written
oath,
and
providing
proof
of
identity
identification
13
and
residence
,
if
necessary,
proof
of
residence
pursuant
to
14
paragraph
“b”
.
15
b.
(1)
For
purposes
of
this
section
,
a
person
may
establish
16
identity
and
residence
by
presenting
to
the
appropriate
17
precinct
election
official
a
current
and
valid
Iowa
driver’s
18
license
or
Iowa
nonoperator’s
identification
card
or
by
19
presenting
any
of
the
following
current
and
valid
forms
of
20
identification
if
such
identification
contains
the
person’s
21
photograph
and
a
validity
expiration
date:
22
(a)
An
out-of-state
driver’s
license
or
nonoperator’s
23
identification
card.
24
(b)
A
United
States
passport.
25
(c)
A
United
States
military
identification
card.
26
(d)
An
identification
card
issued
by
an
employer.
27
(e)
A
student
identification
card
issued
by
an
Iowa
high
28
school
or
an
Iowa
postsecondary
educational
institution
proof
29
of
identification
as
described
in
section
49.77,
subsection
3
.
30
(2)
If
the
photographic
proof
of
identification
presented
31
does
not
contain
the
person’s
current
address
in
the
precinct,
32
the
person
shall
also
present
one
of
the
following
documents
33
that
shows
the
person’s
name
and
current
address
in
the
34
precinct:
35
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(a)
Residential
lease.
1
(b)
Property
tax
statement.
2
(c)
Utility
bill.
3
(d)
Bank
statement.
4
(e)
Paycheck.
5
(f)
Government
check.
6
(g)
Other
government
document.
7
Sec.
3.
Section
48A.27,
subsection
4,
paragraph
c,
8
subparagraph
(2),
Code
2014,
is
amended
to
read
as
follows:
9
(2)
The
notice
shall
contain
a
statement
in
substantially
10
the
following
form:
11
Information
received
from
the
United
States
postal
service
12
indicates
that
you
are
no
longer
a
resident
of,
and
therefore
13
not
eligible
to
vote
in
(name
of
county)
County,
Iowa.
If
this
14
information
is
not
correct,
and
you
still
live
in
(name
of
15
county)
County,
please
complete
and
mail
the
attached
postage
16
paid
card
at
least
ten
days
before
the
primary
or
general
17
election
and
at
least
eleven
days
before
any
other
election
at
18
which
you
wish
to
vote.
If
the
information
is
correct
and
you
19
have
moved,
please
contact
a
local
official
in
your
new
area
20
for
assistance
in
registering
there.
If
you
do
not
mail
in
21
the
card,
you
may
be
required
to
show
identification
before
22
being
allowed
to
vote
in
(name
of
county)
County.
If
you
do
not
23
return
the
card,
and
you
do
not
vote
in
an
election
in
(name
24
of
county)
County,
Iowa,
on
or
before
(date
of
second
general
25
election
following
the
date
of
the
notice)
your
name
will
be
26
removed
from
the
list
of
voters
in
that
county.
27
Sec.
4.
Section
48A.29,
subsection
1,
paragraph
b,
Code
28
2014,
is
amended
to
read
as
follows:
29
b.
The
notice
shall
contain
a
statement
in
substantially
the
30
following
form:
31
Information
received
from
the
United
States
postal
service
32
indicates
that
you
are
no
longer
a
resident
of
(residence
33
address)
in
(name
of
county)
County,
Iowa.
If
this
information
34
is
not
correct,
and
you
still
live
in
(name
of
county)
County,
35
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please
complete
and
mail
the
attached
postage
paid
card
at
1
least
ten
days
before
the
primary
or
general
election
and
at
2
least
eleven
days
before
any
other
election
at
which
you
wish
3
to
vote.
If
the
information
is
correct,
and
you
have
moved,
4
please
contact
a
local
official
in
your
new
area
for
assistance
5
in
registering
there.
If
you
do
not
mail
in
the
card,
you
may
6
be
required
to
show
identification
before
being
allowed
to
vote
7
in
(name
of
county)
County.
If
you
do
not
return
the
card,
and
8
you
do
not
vote
in
some
election
in
(name
of
county)
County,
9
Iowa,
on
or
before
(date
of
second
general
election
following
10
the
date
of
the
notice)
your
name
will
be
removed
from
the
list
11
of
voters
in
that
county.
12
Sec.
5.
Section
48A.29,
subsection
3,
paragraph
b,
Code
13
2014,
is
amended
to
read
as
follows:
14
b.
The
notice
shall
contain
a
statement
in
substantially
the
15
following
form:
16
Information
received
by
this
office
indicates
that
you
are
no
17
longer
a
resident
of
(residence
address)
in
(name
of
county)
18
County,
Iowa.
If
the
information
is
not
correct,
and
you
still
19
live
at
that
address,
please
complete
and
mail
the
attached
20
postage
paid
card
at
least
ten
days
before
the
primary
or
21
general
election
and
at
least
eleven
days
before
any
other
22
election
at
which
you
wish
to
vote.
If
the
information
is
23
correct,
and
you
have
moved
within
the
county,
you
may
update
24
your
registration
by
listing
your
new
address
on
the
card
and
25
mailing
it
back.
If
you
have
moved
outside
the
county,
please
26
contact
a
local
official
in
your
new
area
for
assistance
in
27
registering
there.
If
you
do
not
mail
in
the
card,
you
may
be
28
required
to
show
identification
before
being
allowed
to
vote
in
29
(name
of
county)
County.
If
you
do
not
return
the
card,
and
you
30
do
not
vote
in
some
election
in
(name
of
county)
County,
Iowa,
31
on
or
before
(date
of
second
general
election
following
the
32
date
of
the
notice)
your
name
will
be
removed
from
the
list
of
33
registered
voters
in
that
county.
34
Sec.
6.
Section
49.53,
subsection
1,
Code
2014,
is
amended
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to
read
as
follows:
1
1.
The
commissioner
shall
not
less
than
four
nor
more
than
2
twenty
days
before
the
day
of
each
election,
except
those
for
3
which
different
publication
requirements
are
prescribed
by
law,
4
publish
notice
of
the
election.
The
notice
shall
contain
a
5
facsimile
of
the
portion
of
the
ballot
containing
the
first
6
rotation
as
prescribed
by
section
49.31,
subsection
2
,
and
7
shall
show
the
names
of
all
candidates
or
nominees
and
the
8
office
each
seeks,
and
all
public
questions,
to
be
voted
upon
9
at
the
election.
The
sample
ballot
published
as
a
part
of
the
10
notice
may
at
the
discretion
of
the
commissioner
be
reduced
in
11
size
relative
to
the
actual
ballot
but
such
reduction
shall
not
12
cause
upper
case
letters
appearing
in
candidates’
names
or
in
13
summaries
of
public
measures
on
the
published
sample
ballot
to
14
be
less
than
nine
point
type.
The
notice
shall
also
state
the
15
date
of
the
election,
the
hours
the
polls
will
be
open,
that
16
all
voters
will
be
required
to
show
proof
of
identification
17
before
casting
a
ballot,
the
location
of
each
polling
place
at
18
which
voting
is
to
occur
in
the
election,
and
the
names
of
the
19
precincts
voting
at
each
polling
place,
but
the
statement
need
20
not
set
forth
any
fact
which
is
apparent
from
the
portion
of
21
the
ballot
appearing
as
a
part
of
the
same
notice.
The
notice
22
shall
include
the
full
text
of
all
public
measures
to
be
voted
23
upon
at
the
election.
24
Sec.
7.
Section
49.77,
subsection
3,
Code
2014,
is
amended
25
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
26
following:
27
3.
a.
A
precinct
election
official
shall
require
the
voter
28
to
present
for
inspection
proof
of
identification
before
being
29
allowed
to
vote.
30
b.
For
purposes
of
this
section,
“proof
of
identification”
31
refers
to
a
document
that
satisfies
all
of
the
following:
32
(1)
The
document
shows
the
name
of
the
individual
to
whom
33
the
document
was
issued
which
shall
conform
to
the
name
on
the
34
election
register,
except
that
for
an
individual
registering
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pursuant
to
section
48A.7A,
the
name
of
the
individual
need
not
1
appear
on
the
election
register.
2
(2)
The
document
shows
a
photograph
of
the
individual
to
3
whom
it
was
issued.
4
(3)
The
document
was
issued
by
the
government
of
the
5
United
States,
the
state
of
Iowa,
an
Iowa
public
or
private
6
university
or
college,
an
Iowa
secondary
school,
or
a
political
7
subdivision
of
the
state
of
Iowa.
In
the
case
of
a
document
8
issued
by
a
political
subdivision,
the
document
shall
be
9
issued
not
later
than
the
close
of
voter
registration
for
10
the
applicable
election
as
set
forth
in
section
48A.9
and
11
shall
meet
all
other
requirements
established
by
the
state
12
commissioner
by
rule.
13
c.
In
lieu
of
paragraph
“b”
,
a
person
wishing
to
vote
may
14
establish
proof
of
identity
by
written
oath
of
the
person
15
wishing
to
vote
and
of
an
attesting
person
who
provides
proof
16
of
identification
pursuant
to
paragraph
“b”
.
The
oath
shall
be
17
in
the
form
prescribed
by
the
state
commissioner
of
elections
18
and
shall
state
the
identity
and
attest
to
the
stated
identity
19
of
the
person
wishing
to
vote.
The
oath
must
be
signed
by
the
20
attesting
person
and
the
person
wishing
to
vote
in
the
presence
21
of
the
appropriate
precinct
election
official.
A
person
who
22
has
signed
an
oath
attesting
to
a
person’s
identity
as
provided
23
in
this
paragraph
is
prohibited
from
signing
any
further
oaths
24
under
this
paragraph
for
the
same
election.
The
oath
shall
25
advise
the
person
wishing
to
vote
and
the
attesting
person
that
26
falsely
signing
such
an
oath
or
falsely
attesting
to
a
voter’s
27
identity
is
a
class
“D”
felony.
28
d.
The
commissioner
shall,
within
forty-five
days
after
29
each
election,
review
all
attestations
received
under
this
30
subsection,
and
if
any
individual
is
found
to
have
attested
for
31
more
than
one
voter
in
a
particular
election,
the
commissioner
32
shall
immediately
notify
the
state
commissioner
and
the
county
33
attorney.
34
Sec.
8.
Section
49.77,
Code
2014,
is
amended
by
adding
the
35
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following
new
subsection:
1
NEW
SUBSECTION
.
3A.
a.
If
proof
of
identification
is
2
established
under
subsection
3,
the
person
shall
be
allowed
to
3
vote.
4
b.
If
a
person
whose
name
appears
on
the
election
register
5
or
who
has
registered
at
the
polling
place
on
election
day
6
is
unable
or
refuses
to
present
proof
of
identification,
7
or
the
precinct
election
official
determines
the
proof
of
8
identification
presented
by
the
person
does
not
qualify
as
9
proof
of
identification
under
subsection
3,
paragraph
“b”
,
10
or
proof
of
identity
under
subsection
3,
paragraph
“c”
,
the
11
person
shall
be
offered
the
option
to
vote
a
ballot,
but
only
12
in
accordance
with
section
49.81.
13
Sec.
9.
Section
49.77,
subsection
4,
paragraph
a,
Code
2014,
14
is
amended
to
read
as
follows:
15
a.
A
person
whose
name
does
not
appear
on
the
election
16
register
of
the
precinct
in
which
that
person
claims
the
right
17
to
vote
shall
not
be
permitted
to
vote,
unless
the
person
18
affirms
that
the
person
is
currently
registered
in
the
county
19
and
presents
proof
of
identity,
or
the
commissioner
informs
20
the
precinct
election
officials
that
an
error
has
occurred
21
and
that
the
person
is
a
registered
voter
of
that
precinct
,
22
and
the
person
presents
proof
of
identification
pursuant
to
23
subsection
3
.
If
the
commissioner
finds
no
record
of
the
24
person’s
registration
but
the
person
insists
that
the
person
25
is
a
registered
voter
of
that
precinct
,
and
presents
proof
of
26
identification
pursuant
to
subsection
3
,
the
precinct
election
27
officials
shall
allow
the
person
to
cast
a
ballot
in
the
manner
28
prescribed
by
section
49.81
.
29
Sec.
10.
Section
49.81,
subsection
1,
Code
2014,
is
amended
30
to
read
as
follows:
31
1.
A
prospective
voter
who
is
prohibited
under
section
32
48A.8,
subsection
4
,
section
49.77,
subsection
3A,
paragraph
33
“b”
,
section
49.77,
subsection
4
,
section
49.80
,
or
section
34
53.19,
subsection
3
,
or
section
53.22,
subsection
1,
paragraph
35
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H.F.
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“d”
,
from
voting
except
under
this
section
shall
be
notified
by
1
the
appropriate
precinct
election
official
that
the
voter
may
2
cast
a
provisional
ballot.
The
voter
shall
mark
the
ballot
and
3
immediately
seal
it
in
an
envelope
of
the
type
prescribed
by
4
subsection
4
.
The
voter
shall
deliver
the
sealed
envelope
to
a
5
precinct
election
official
who
shall
deposit
it
in
an
envelope
6
marked
“provisional
ballots”.
The
ballot
shall
be
considered
7
as
having
been
cast
in
the
special
precinct
established
by
8
section
53.20
for
purposes
of
the
postelection
canvass.
9
Sec.
11.
Section
49.81,
subsection
2,
paragraph
b,
Code
10
2014,
is
amended
to
read
as
follows:
11
b.
If
the
person
is
casting
a
provisional
ballot
because
12
the
person
failed
was
unable
or
refused
to
provide
a
required
13
form
of
identification
pursuant
to
section
48A.8,
subsection
14
4,
section
49.77,
subsection
3A,
paragraph
“b”
,
section
49.77,
15
subsection
4,
or
section
53.22,
subsection
1,
paragraph
“d”
,
a
16
list
of
the
types
of
acceptable
identification
and
notification
17
that
the
person
must
show
identification
before
the
ballot
can
18
be
counted.
19
Sec.
12.
Section
49.81,
Code
2014,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
5.
a.
If
a
voter
casts
a
provisional
22
ballot
pursuant
to
section
49.77,
subsection
3A,
paragraph
23
“b”
,
the
precinct
election
official
shall
indicate
on
the
24
provisional
ballot
envelope
that
the
voter
is
casting
a
25
provisional
ballot
due
to
the
voter’s
inability
or
refusal
to
26
present
proof
of
identification.
27
b.
At
the
time
a
provisional
ballot
is
cast,
the
voter
may
28
also
execute
an
affidavit
in
the
form
prescribed
by
the
state
29
commissioner
which
shall
be
attached
to
the
provisional
ballot
30
envelope,
affirming
that
the
voter
is
the
person
the
voter
31
claims
to
be
and
further
affirming
either
of
the
following:
32
(1)
The
voter
is
indigent
and
is
unable
to
obtain
proof
of
33
identification
without
the
payment
of
a
fee.
34
(2)
The
voter
has
a
religious
objection
to
being
35
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photographed.
1
c.
A
provisional
ballot
cast
pursuant
to
section
49.77,
2
subsection
3A,
paragraph
“b”
,
that
is
accompanied
by
an
3
affidavit
executed
pursuant
to
paragraph
“b”
of
this
subsection
4
shall
be
presumed
valid
by
the
special
precinct
board
and
5
shall
be
counted
unless
additional
written
statements
or
6
documents
are
delivered
to
the
commissioner’s
office
prior
to
7
the
date
provisional
ballots
are
considered
by
the
special
8
precinct
election
board
and
the
special
precinct
election
board
9
determines
such
additional
evidence
successfully
rebuts
the
10
presumption
of
validity.
11
Sec.
13.
Section
53.10,
subsection
2,
Code
2014,
is
amended
12
to
read
as
follows:
13
2.
Each
person
who
wishes
to
vote
by
absentee
ballot
at
14
the
commissioner’s
office
shall
first
sign
an
application
15
for
a
ballot
including
the
following
information:
name,
16
current
address,
and
the
election
for
which
the
ballot
is
17
requested.
The
person
may
report
a
change
of
address
or
other
18
information
on
the
person’s
voter
registration
record
at
that
19
time.
The
person
must
also
provide
proof
of
identification
20
pursuant
to
section
49.77,
subsection
3,
or
be
offered
the
21
option
to
vote
a
provisional
ballot
pursuant
to
section
49.77,
22
subsection
3A,
paragraph
“b”
,
before
receiving
an
absentee
23
ballot.
Upon
receipt
of
the
absentee
ballot,
the
registered
24
voter
shall
immediately
mark
the
ballot;
enclose
the
ballot
in
25
a
secrecy
envelope,
if
necessary,
and
seal
it
in
an
affidavit
26
envelope;
subscribe
to
the
affidavit
on
the
reverse
side
of
the
27
envelope;
and
return
the
absentee
ballot
to
the
commissioner.
28
The
commissioner
shall
record
the
numbers
appearing
on
the
29
application
and
affidavit
envelope
along
with
the
name
of
the
30
registered
voter.
31
Sec.
14.
Section
53.22,
subsection
1,
Code
2014,
is
amended
32
by
adding
the
following
new
paragraph:
33
NEW
PARAGRAPH
.
d.
Before
receiving
a
ballot
under
34
this
subsection,
each
applicant
shall
present
proof
of
35
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identification
pursuant
to
section
49.77,
subsection
3,
to
1
the
special
precinct
election
board
members.
If
an
applicant
2
is
unable
to
present
proof
of
identification,
the
applicant
3
shall
have
an
opportunity
to
execute
an
affidavit
in
the
form
4
prescribed
by
the
state
commissioner
of
elections
affirming
5
that
the
voter
does
not
have
and
is
unable
to
obtain
proof
of
6
identification
and
that
the
voter
resides
in
a
hospital
or
7
health
care
facility
and
is
casting
a
ballot
pursuant
to
this
8
section.
If
the
applicant
refuses
to
execute
an
affidavit,
the
9
voter’s
ballot
shall
be
considered
a
provisional
ballot
cast
10
pursuant
to
section
49.81.
11
Sec.
15.
Section
321.190,
subsection
1,
paragraph
d,
Code
12
2014,
is
amended
to
read
as
follows:
13
d.
(1)
The
fee
for
a
nonoperator’s
identification
card
14
shall
be
eight
dollars
and
the
card
shall
be
valid
for
a
period
15
of
eight
years
from
the
date
of
issuance.
If
an
applicant
16
for
a
nonoperator’s
identification
card
is
a
foreign
national
17
who
is
temporarily
present
in
this
state,
the
nonoperator’s
18
identification
card
shall
be
issued
only
for
the
length
of
time
19
the
foreign
national
is
authorized
to
be
present
as
determined
20
by
the
department,
not
to
exceed
two
years.
An
issuance
fee
21
shall
not
be
charged
for
a
person
whose
driver’s
license
or
22
driving
privilege
has
been
suspended
under
section
321.210,
23
subsection
1
,
paragraph
“a”
,
subparagraph
(3),
or
voluntarily
24
surrendered
by
the
person
in
lieu
of
suspension
under
section
25
321.210,
subsection
1
,
paragraph
“a”
.
26
(2)
An
issuance
fee
shall
not
be
charged
under
this
27
paragraph
for
a
person
obtaining
an
identification
card
to
28
be
used
for
voting
purposes
under
section
49.77,
subsection
29
3.
Identification
cards
issued
for
voting
purposes
shall
be
30
labeled
by
the
department
as
“For
Voting
Purposes
Only”.
31
Sec.
16.
APPLICABILITY.
This
Act
applies
to
elections
held
32
on
or
after
January
1,
2015.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
35
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
makes
changes
relating
to
proof
of
identification
2
for
purposes
of
voting
at
the
polls
and
for
purposes
of
3
election
day
and
in-person
absentee
registration.
4
The
bill
requires
that
a
person
provide
certain
proof
of
5
identification
at
the
time
that
the
person
votes
and
creates
a
6
criminal
offense
for
falsely
swearing
certain
related
oaths
and
7
affidavits.
8
The
bill
requires
that
a
voter
provide
proof
of
9
identification
to
a
precinct
election
official
before
being
10
allowed
to
vote,
and
also
requires
that
a
person
wishing
to
11
vote
by
absentee
ballot
at
a
county
commissioner
of
elections
12
office
or
at
a
satellite
absentee
voting
station
present
13
the
same
proof
of
identification.
The
bill
requires
that
14
acceptable
proof
of
identification
show
the
name
of
the
15
individual
voter,
include
a
photograph
of
the
voter,
and
be
16
issued
by
the
government
of
the
United
States,
the
state
of
17
Iowa,
an
Iowa
public
or
private
university
or
college,
an
18
Iowa
secondary
school,
or
a
political
subdivision
of
the
19
state.
Those
documents
issued
by
a
political
subdivision
of
20
the
state
are
required
to
meet
additional
requirements.
The
21
bill
makes
changes
to
the
requirements
relating
to
establishing
22
identity
for
election
day
and
in-person
absentee
registration
23
by
requiring
the
same
proof
of
identification
required
by
the
24
bill
in
order
to
vote.
25
The
bill
provides
that,
in
lieu
of
providing
identification
26
in
order
to
vote,
a
person
may
establish
proof
of
27
identification
by
written
oath
of
the
person
wishing
to
vote
28
and
of
a
person
who
provides
their
own
proof
of
identification
29
and
who
attests
to
the
voter’s
identity.
The
bill
provides
30
that
the
oath
shall
be
in
the
form
prescribed
by
the
state
31
commissioner
of
elections,
and
that
the
oath
shall
state
the
32
identity
of
the
person
wishing
to
vote
and
shall
attest
to
33
the
stated
identity
of
the
person
wishing
to
vote.
The
bill
34
requires
that
the
oath
be
signed
by
both
the
attesting
person
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and
the
person
wishing
to
vote.
The
bill
makes
it
a
class
“D”
1
felony
to
falsely
swear
to
or
affirm
an
oath
pursuant
to
this
2
provision
or
to
falsely
attest
to
a
voter’s
identity.
The
bill
3
requires
that
the
oath
advise
both
persons
that
falsely
stating
4
or
attesting
to
a
voter’s
identity
is
a
class
“D”
felony.
A
5
class
“D”
felony
is
punishable
by
confinement
for
no
more
than
6
five
years
and
a
fine
of
at
least
$750
but
not
more
than
$7,500.
7
The
bill
provides
that
an
attesting
person
is
prohibited
from
8
signing
any
additional
such
oaths
for
the
same
election.
9
The
bill
provides
that
if
a
person’s
name
is
on
the
election
10
register
or
the
person
has
registered
to
vote
at
the
polling
11
place
but
the
person
is
unable
or
refuses
to
present
proof
of
12
identification,
or
if
the
precinct
election
official
determines
13
that
the
proof
of
identification
does
not
meet
the
specified
14
requirements,
the
person
shall
be
offered
the
option
to
vote
15
a
provisional
ballot.
If
a
person
is
casting
a
provisional
16
ballot
under
these
circumstances,
the
person
shall
receive
a
17
printed
statement
giving
notice
of
the
types
of
acceptable
18
identification
and
notice
that
the
person
is
required
to
show
19
acceptable
identification
before
the
provisional
ballot
can
20
be
counted.
However,
the
bill
provides
that
a
voter
casting
21
a
provisional
ballot
for
this
reason
may
execute
an
affidavit
22
in
the
form
prescribed
by
the
state
commissioner
of
elections,
23
affirming
that
the
voter
is
the
person
the
voter
claims
to
be
24
and
affirming
that
the
voter
is
either
indigent
and
unable
to
25
obtain
proof
of
identification
without
the
payment
of
a
fee
or
26
that
the
voter
has
a
religious
objection
to
being
photographed.
27
The
bill
makes
it
a
class
“D”
felony
to
falsify
an
affidavit
28
that
attests
to
identity.
A
class
“D”
felony
is
punishable
by
29
confinement
for
no
more
than
five
years
and
a
fine
of
at
least
30
$750
but
not
more
than
$7,500.
The
bill
also
provides
that
31
any
provisional
ballot
cast
accompanied
by
such
an
affidavit
32
shall
be
presumed
valid
unless
additional
written
statements
33
or
documents
are
delivered
to
the
county
commissioner
of
34
elections
office
prior
to
the
date
that
provisional
ballots
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are
considered
and
the
precinct
election
board
determines
that
1
such
additional
evidence
successfully
rebuts
the
presumption
2
of
validity.
3
Under
current
law,
a
voter
whose
name
is
not
on
the
election
4
register
but
who
affirms
or
insists
that
the
voter
is
a
5
registrant
of
that
precinct
is
allowed
to
vote
a
provisional
6
ballot.
The
bill
provides
that
the
voter
must
also
provide
7
proof
of
identification
before
being
allowed
to
vote
a
8
provisional
ballot
under
these
circumstances.
9
The
bill
amends
Code
section
49.53,
relating
to
the
election
10
notice
to
be
published
by
the
county
commissioner
of
elections,
11
to
require
that
election
notices
include
a
statement
that
all
12
voters
will
be
required
to
show
proof
of
identification
before
13
casting
a
ballot.
14
The
bill
requires
that
persons
residing
in
a
hospital
or
15
health
care
facility
who
apply
to
vote
by
absentee
ballot
shall
16
present
proof
of
identification.
If
the
applicant
is
unable
17
to
present
proof
of
identification,
the
applicant
is
allowed
18
to
execute
an
affidavit
in
the
form
prescribed
by
the
state
19
commissioner
of
elections,
stating
that
the
applicant
does
not
20
have
and
is
unable
to
obtain
proof
of
identification
and
that
21
the
applicant
resides
in
a
hospital
or
health
care
facility.
22
If
the
applicant
refuses
to
execute
such
an
affidavit
and
is
23
unable
to
present
proof
of
identification,
the
applicant
is
24
allowed
to
cast
a
provisional
ballot.
25
The
bill
also
provides
that
a
person
obtaining
a
26
nonoperator’s
identification
card
for
the
purpose
of
voting
27
shall
not
be
charged
for
the
issuance
of
the
nonoperator’s
28
identification
card.
The
bill
requires
that
nonoperator’s
29
identification
cards
issued
to
serve
as
proof
of
identification
30
for
voting
be
labeled
by
the
department
of
transportation
as
31
“For
Voting
Purposes
Only”.
32
The
bill
applies
to
elections
held
on
or
after
January
1,
33
2015.
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