Bill Text: IA SSB3101 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A study bill for an act providing for the restoration of the right to register to vote and to vote and hold elective office for certain persons and including effective date provisions.
Spectrum: Unknown
Status: (Introduced - Dead) 2016-02-08 - Judiciary: Bisignano Chair,Quirmbach, and Schneider. [SSB3101 Detail]
Download: Iowa-2015-SSB3101-Introduced.html
Senate
Study
Bill
3101
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
SODDERS)
A
BILL
FOR
An
Act
providing
for
the
restoration
of
the
right
to
register
1
to
vote
and
to
vote
and
hold
elective
office
for
certain
2
persons
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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Section
1.
Section
39A.1,
subsection
2,
Code
2016,
is
1
amended
to
read
as
follows:
2
2.
The
purpose
of
this
chapter
is
to
identify
actions
which
3
threaten
the
integrity
of
the
election
process
and
to
impose
4
significant
sanctions
upon
persons
who
intentionally
commit
5
those
acts.
It
is
the
intent
of
the
general
assembly
that
6
offenses
with
the
greatest
potential
to
affect
the
election
7
process
be
vigorously
prosecuted
and
strong
punishment
meted
8
out
through
the
imposition
of
felony
sanctions
which,
as
a
9
consequence,
remove
the
voting
rights
of
the
offenders
until
10
such
rights
are
restored
by
the
governor,
by
the
president
of
11
the
United
States,
or
by
operation
of
law
.
Other
offenses
are
12
still
considered
serious,
but
based
on
the
factual
context
in
13
which
they
arise,
they
may
not
rise
to
the
level
of
offenses
14
to
which
felony
penalties
attach.
The
general
assembly
15
also
recognizes
that
instances
may
arise
in
which
technical
16
infractions
of
chapters
39
through
53
may
occur
which
do
not
17
merit
any
level
of
criminal
sanction.
In
such
instances,
18
administrative
notice
from
the
state
or
county
commissioner
19
of
elections
is
sufficient.
Mandates
or
proscriptions
in
20
chapters
39
through
53
which
are
not
specifically
included
in
21
this
chapter
shall
be
considered
to
be
directive
only,
without
22
criminal
sanction.
23
Sec.
2.
Section
43.18,
subsection
9,
Code
2016,
is
amended
24
to
read
as
follows:
25
9.
A
statement
that
the
candidate
is
aware
that
the
26
candidate
is
disqualified
from
holding
office
if
the
candidate
27
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
28
candidate’s
rights
have
not
been
restored
by
the
governor
,
or
29
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
30
Sec.
3.
Section
43.67,
subsection
2,
paragraph
i,
Code
2016,
31
is
amended
to
read
as
follows:
32
i.
A
statement
that
the
candidate
is
aware
that
the
33
candidate
is
disqualified
from
holding
office
if
the
candidate
34
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
35
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candidate’s
rights
have
not
been
restored
by
the
governor
,
or
1
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
2
Sec.
4.
Section
44.3,
subsection
2,
paragraph
i,
Code
2016,
3
is
amended
to
read
as
follows:
4
i.
A
statement
that
the
candidate
is
aware
that
the
5
candidate
is
disqualified
from
holding
office
if
the
candidate
6
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
7
candidate’s
rights
have
not
been
restored
by
the
governor
,
or
8
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
9
Sec.
5.
Section
45.3,
subsection
9,
Code
2016,
is
amended
10
to
read
as
follows:
11
9.
A
statement
that
the
candidate
is
aware
that
the
12
candidate
is
disqualified
from
holding
office
if
the
candidate
13
has
been
convicted
of
a
felony
or
other
infamous
crime
and
the
14
candidate’s
rights
have
not
been
restored
by
the
governor
,
or
15
by
the
president
of
the
United
States
,
or
by
operation
of
law
.
16
Sec.
6.
Section
48A.6,
subsection
1,
Code
2016,
is
amended
17
to
read
as
follows:
18
1.
A
person
who
has
been
convicted
of
a
felony
as
defined
19
in
section
701.7
,
or
convicted
of
an
offense
classified
as
a
20
felony
under
federal
law.
If
the
person’s
rights
are
later
21
restored
by
the
governor,
or
by
the
president
of
the
United
22
States,
pursuant
to
section
914.8,
or
by
a
pardon
issued
by
the
23
governor
or
the
president
of
the
United
States,
the
person
may
24
register
to
vote.
25
Sec.
7.
Section
57.1,
subsection
2,
paragraph
c,
Code
2016,
26
is
amended
to
read
as
follows:
27
c.
That
prior
to
the
election
the
incumbent
had
been
duly
28
convicted
of
a
felony,
as
defined
in
section
701.7
,
and
that
29
the
judgment
had
not
been
reversed,
annulled,
or
set
aside,
nor
30
the
incumbent
pardoned
by
the
governor
or
the
president
of
the
31
United
States
or
restored
to
the
rights
of
citizenship
by
the
32
governor
under
chapter
914
pursuant
to
section
914.8
,
at
the
33
time
of
the
election.
34
Sec.
8.
Section
123.3,
subsection
34,
paragraph
d,
Code
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2016,
is
amended
to
read
as
follows:
1
d.
The
person
has
not
been
convicted
of
a
felony.
However,
2
if
the
person’s
conviction
of
a
felony
occurred
more
than
five
3
years
before
the
date
of
the
application
for
a
license
or
4
permit,
and
if
the
person’s
rights
of
citizenship
have
been
5
restored
by
the
governor
pursuant
to
sections
914.1
through
6
914.6
,
the
administrator
may
determine
that
the
person
is
of
7
good
moral
character
notwithstanding
such
conviction.
8
Sec.
9.
Section
161A.5,
subsection
3,
paragraph
b,
Code
9
2016,
is
amended
to
read
as
follows:
10
b.
Every
candidate
shall
file
with
the
nomination
papers
11
an
affidavit
stating
the
candidate’s
name,
the
candidate’s
12
residence,
that
the
person
is
a
candidate
and
is
eligible
for
13
the
office
of
commissioner,
and
that
if
elected
the
candidate
14
will
qualify
for
the
office.
The
affidavit
shall
also
state
15
that
the
candidate
is
aware
that
the
candidate
is
disqualified
16
from
holding
office
if
the
candidate
has
been
convicted
of
a
17
felony
or
other
infamous
crime
and
the
candidate’s
rights
have
18
not
been
restored
by
the
governor
,
or
by
the
president
of
the
19
United
States
,
or
by
operation
of
law
.
20
Sec.
10.
Section
277.4,
subsection
2,
paragraph
b,
Code
21
2016,
is
amended
to
read
as
follows:
22
b.
Signers
of
nomination
petitions
shall
include
their
23
addresses
and
the
date
of
signing,
and
must
reside
in
the
same
24
director
district
as
the
candidate
if
directors
are
elected
25
by
the
voters
of
a
director
district,
rather
than
at-large.
26
A
person
may
sign
nomination
petitions
for
more
than
one
27
candidate
for
the
same
office,
and
the
signature
is
not
invalid
28
solely
because
the
person
signed
nomination
petitions
for
29
one
or
more
other
candidates
for
the
office.
The
petition
30
shall
be
filed
with
the
affidavit
of
the
candidate
being
31
nominated,
stating
the
candidate’s
name,
place
of
residence,
32
that
such
person
is
a
candidate
and
is
eligible
for
the
office
33
the
candidate
seeks,
and
that
if
elected
the
candidate
will
34
qualify
for
the
office.
The
affidavit
shall
also
state
that
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the
candidate
is
aware
that
the
candidate
is
disqualified
1
from
holding
office
if
the
candidate
has
been
convicted
of
a
2
felony
or
other
infamous
crime
and
the
candidate’s
rights
have
3
not
been
restored
by
the
governor
,
or
by
the
president
of
the
4
United
States
,
or
by
operation
of
law
.
5
Sec.
11.
Section
376.4,
subsection
2,
paragraph
b,
Code
6
2016,
is
amended
to
read
as
follows:
7
b.
The
petition
must
include
the
affidavit
of
the
individual
8
for
whom
it
is
filed,
stating
the
individual’s
name,
the
9
individual’s
residence,
that
the
individual
is
a
candidate
and
10
eligible
for
the
office,
and
that
if
elected
the
individual
11
will
qualify
for
the
office.
The
affidavit
shall
also
state
12
that
the
candidate
is
aware
that
the
candidate
is
disqualified
13
from
holding
office
if
the
candidate
has
been
convicted
of
a
14
felony
or
other
infamous
crime
and
the
candidate’s
rights
have
15
not
been
restored
by
the
governor
,
or
by
the
president
of
the
16
United
States
,
or
by
operation
of
law
.
17
Sec.
12.
Section
914.2,
Code
2016,
is
amended
to
read
as
18
follows:
19
914.2
Right
of
application.
20
Except
as
otherwise
provided
in
section
902.2
or
914.8
,
a
21
person
convicted
of
a
criminal
offense
has
the
right
to
make
22
application
to
the
board
of
parole
for
recommendation
or
to
23
the
governor
for
a
reprieve,
pardon,
commutation
of
sentence,
24
remission
of
fines
or
forfeitures,
or
restoration
of
rights
of
25
citizenship
at
any
time
following
the
conviction.
26
Sec.
13.
NEW
SECTION
.
914.8
Restoration
of
right
to
27
register
and
to
vote.
28
1.
A
person
convicted
of
a
felony
criminal
offense
who
has
29
been
discharged
from
probation,
parole,
or
work
release
or
30
who
is
released
from
confinement
under
section
902.6
because
31
the
person
has
completed
the
person’s
term
of
confinement
32
shall
have
the
person’s
right
to
register
to
vote
and
to
vote
33
restored.
34
2.
As
soon
as
practicable,
the
department
of
corrections
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or
judicial
district
department
of
correctional
services,
1
whichever
is
applicable,
shall
provide
written
notice
to
each
2
person,
as
described
in
subsection
1,
who,
on
or
after
January
3
14,
2011,
has
been
discharged
from
probation,
parole,
or
work
4
release
or
who,
on
or
after
January
14,
2011,
has
completed
a
5
term
of
confinement,
that
the
person’s
right
to
register
to
6
vote
and
to
vote
has
been
restored.
The
notice
shall
include
a
7
voter
registration
form.
8
3.
The
department
of
corrections
shall
monthly
provide
a
9
list
of
all
persons
notified
under
subsection
2
in
the
previous
10
month
to
the
state
registrar
of
voters
who
shall
provide
the
11
information
to
the
county
registrars
of
voters
as
deemed
12
necessary.
13
4.
A
person
described
in
subsection
1
may
still
make
14
application
for
a
restoration
of
citizenship
rights
pursuant
15
to
sections
914.1
through
914.6.
Such
an
application,
unless
16
withdrawn,
shall
be
processed
as
required
by
this
chapter.
17
5.
This
section
shall
not
relieve
a
person
of
any
unpaid
18
restitution,
fine,
or
other
obligation
resulting
from
19
conviction.
20
Sec.
14.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
21
of
immediate
importance,
takes
effect
upon
enactment.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
enacts
new
Code
section
914.8
which
requires
that,
26
upon
discharge
from
a
felony
criminal
sentence,
citizenship
27
rights
related
to
voting
and
qualification
for
public
office
28
must
be
restored.
29
The
bill
requires
that
the
right
to
register
to
vote
and
to
30
vote
be
restored
for
any
individual
who
has
been
discharged
31
from
criminal
sentence
for
any
felony.
To
be
discharged
from
32
criminal
sentence,
under
the
bill,
an
individual
must
also
be
33
discharged
from
any
accompanying
term
of
probation,
parole,
34
or
supervised
release.
The
restoration
of
citizenship
rights
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provided
for
under
the
bill
shall
only
extend
to
the
right
to
1
register
to
vote
and
to
vote
and
to
hold
elective
office,
and
2
would
not
include
any
other
citizenship
rights.
The
bill
does
3
not
relieve
the
individual
of
unpaid
restitution,
fines,
or
4
other
obligations
resulting
from
conviction.
The
bill
does
not
5
limit
an
individual’s
ability
to
apply
to
the
governor
for
a
6
restoration
of
citizenship
rights,
as
currently
provided
for
in
7
Code
chapter
914.
8
The
bill
requires
that
the
department
of
corrections
notify
9
an
individual
who
has
been
discharged
or
has
completed
a
10
term
of
confinement
on
or
after
January
14,
2011,
that
the
11
individual’s
right
to
register
to
vote
and
to
vote
has
been
12
restored.
The
bill
requires,
where
applicable,
the
judicial
13
district
department
of
correctional
services
to
notify
such
an
14
individual.
The
department
of
corrections
is
also
required
to
15
monthly
provide
a
list
of
individuals
notified
to
the
state
16
registrar
of
voters
(secretary
of
state).
17
The
bill
takes
effect
upon
enactment.
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