Bill Text: IA HF293 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act relating to elections and voter registration by requiring proof of identification to vote, modifying in-person absentee registration procedures, modifying absentee voting procedures for eligible voters in assisted living programs, creating a criminal offense for falsely swearing certain oaths and affidavits, and including applicability provisions.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Introduced - Dead) 2015-02-17 - Introduced, referred to State Government. H.J. 336. [HF293 Detail]
Download: Iowa-2015-HF293-Introduced.html
House File 293 - Introduced HOUSE FILE BY HEARTSILL, SALMON, HOLT, MOMMSEN, KOOIKER, WILLS, VANDER LINDEN, FISHER, GASSMAN, and SHEETS A BILL FOR 1 An Act relating to elections and voter registration by 2 requiring proof of identification to vote, modifying 3 in=person absentee registration procedures, modifying 4 absentee voting procedures for eligible voters in assisted 5 living programs, creating a criminal offense for falsely 6 swearing certain oaths and affidavits, and including 7 applicability provisions. 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 2078YH (5) 86 aw/sc PAG LIN 1 1 DIVISION I 1 2 VOTER IDENTIFICATION REQUIREMENTS 1 3 Section 1. Section 39A.2, subsection 1, paragraph b, Code 1 4 2015, is amended by adding the following new subparagraph: 1 5 NEW SUBPARAGRAPH. (6) Falsely swears to or affirms an 1 6 oath required pursuant to section 49.77, subsection 3, or an 1 7 affidavit pursuant to section 49.81, subsection 5, paragraph 1 8 "b". 1 9 Sec. 2. Section 48A.7A, subsection 1, paragraph a, Code 1 10 2015, is amended to read as follows: 1 11 a. A person who is eligible to register to vote and to vote 1 12 may register on election day by appearing in person at the 1 13 polling place for the precinct in which the individual resides 1 14 and completing a voter registration application, making written 1 15 oath, and providing proof of identity andresidenceproof of 1 16 residence pursuant to paragraph "b". 1 17 Sec. 3. Section 48A.7A, subsection 2, Code 2015, is amended 1 18 to read as follows: 1 19 2. The oath required in subsection 1, paragraph "a", and 1 20 in paragraph "c", if applicable, shall be executed on the 1 21 same piece of paper and attached to the voter registration 1 22 application. 1 23 Sec. 4. Section 49.53, subsection 1, Code 2015, is amended 1 24 to read as follows: 1 25 1. The commissioner shall not less than four nor more than 1 26 twenty days before the day of each election, except those for 1 27 which different publication requirements are prescribed by law, 1 28 publish notice of the election. The notice shall contain a 1 29 facsimile of the portion of the ballot containing the first 1 30 rotation as prescribed by section 49.31, subsection 2, and 1 31 shall show the names of all candidates or nominees and the 1 32 office each seeks, and all public questions, to be voted upon 1 33 at the election. The sample ballot published as a part of the 1 34 notice may at the discretion of the commissioner be reduced in 1 35 size relative to the actual ballot but such reduction shall not 2 1 cause upper case letters appearing in candidates' names or in 2 2 summaries of public measures on the published sample ballot to 2 3 be less than nine point type. The notice shall also state the 2 4 date of the election, the hours the polls will be open, that 2 5 all voters will be required to show proof of identification 2 6 before casting a ballot, the location of each polling place at 2 7 which voting is to occur in the election, and the names of the 2 8 precincts voting at each polling place, but the statement need 2 9 not set forth any fact which is apparent from the portion of 2 10 the ballot appearing as a part of the same notice. The notice 2 11 shall include the full text of all public measures to be voted 2 12 upon at the election. 2 13 Sec. 5. Section 49.77, subsection 3, Code 2015, is amended 2 14 by striking the subsection and inserting in lieu thereof the 2 15 following: 2 16 3. a. A precinct election official shall require the voter 2 17 to present for inspection proof of identification before being 2 18 allowed to vote. 2 19 b. For purposes of this section, "proof of identification" 2 20 refers to a document that satisfies all of the following: 2 21 (1) The document shows the name of the individual to whom 2 22 the document was issued which shall conform to the name on the 2 23 election register. 2 24 (2) The document shows a photograph of the individual to 2 25 whom it was issued. 2 26 (3) The document was issued by the government of the 2 27 United States, the state of Iowa, an Iowa public or private 2 28 university or college, an Iowa secondary school, or a political 2 29 subdivision of the state of Iowa. In the case of a document 2 30 issued by a political subdivision, the document shall be 2 31 issued not later than the close of voter registration for 2 32 the applicable election as set forth in section 48A.9 and 2 33 shall meet all other requirements established by the state 2 34 commissioner by rule. 2 35 c. In lieu of paragraph "b", a person wishing to vote may 3 1 establish proof of identity by written oath of the person 3 2 wishing to vote and of an attesting person who provides proof 3 3 of identification pursuant to paragraph "b". The oath shall be 3 4 in the form prescribed by the state commissioner of elections 3 5 and shall state the identity and attest to the stated identity 3 6 of the person wishing to vote. The oath must be signed by the 3 7 attesting person and the person wishing to vote in the presence 3 8 of the appropriate precinct election official. A person who 3 9 has signed an oath attesting to a person's identity as provided 3 10 in this paragraph is prohibited from signing any further oaths 3 11 as provided in this paragraph for the same election. The oath 3 12 shall advise the person wishing to vote and the attesting 3 13 person that falsely signing such an oath or falsely attesting 3 14 to a voter's identity is a class "D" felony. 3 15 d. The commissioner shall, within forty=five days after 3 16 each election, review all attestations received under this 3 17 subsection and if any individual is found to have attested for 3 18 more than one voter in a particular election, the commissioner 3 19 shall immediately notify the state commissioner and the county 3 20 attorney. 3 21 Sec. 6. Section 49.77, Code 2015, is amended by adding the 3 22 following new subsection: 3 23 NEW SUBSECTION. 3A. a. If proof of identification is 3 24 established under subsection 3, the person shall be allowed to 3 25 vote. 3 26 b. If a person is unable or refuses to present proof of 3 27 identification, or the precinct election official determines 3 28 the proof of identification presented by the person does 3 29 not qualify as proof of identification under subsection 3 30 3, paragraph "b", or proof of identity under subsection 3, 3 31 paragraph "c", the person shall be offered the option to vote a 3 32 ballot, but only in accordance with section 49.81. 3 33 Sec. 7. Section 49.77, subsection 4, paragraph a, Code 2015, 3 34 is amended to read as follows: 3 35 a. A person whose name does not appear on the election 4 1 register of the precinct in which that person claims the right 4 2 to vote shall not be permitted to vote, unless the person 4 3 affirms that the person is currently registered in the county 4 4and presents proof of identity,or the commissioner informs 4 5 the precinct election officials that an error has occurred 4 6 and that the person is a registered voter of that precinct, 4 7 and the person presents proof of identification pursuant to 4 8 subsection 3. If the commissioner finds no record of the 4 9 person's registration but the person insists that the person 4 10 is a registered voter of that precinct, the precinct election 4 11 officials shall allow the person to cast a ballot in the manner 4 12 prescribed by section 49.81. 4 13 Sec. 8. Section 49.81, subsection 1, Code 2015, is amended 4 14 to read as follows: 4 15 1. A prospective voter who is prohibited under section 4 16 48A.8, subsection 4, section 49.77, subsection 3A, paragraph 4 17 "b", section 49.77, subsection 4, section 49.80,orsection 4 18 53.19, subsection 3, or section 53.22, subsection 1, paragraph 4 19 "d", from voting except under this section shall be notified by 4 20 the appropriate precinct election official that the voter may 4 21 cast a provisional ballot. The voter shall mark the ballot and 4 22 immediately seal it in an envelope of the type prescribed by 4 23 subsection 4. The voter shall deliver the sealed envelope to a 4 24 precinct election official who shall deposit it in an envelope 4 25 marked "provisional ballots". The ballot shall be considered 4 26 as having been cast in the special precinct established by 4 27 section 53.20 for purposes of the postelection canvass. 4 28 Sec. 9. Section 49.81, subsection 2, paragraph b, Code 2015, 4 29 is amended to read as follows: 4 30 b. If the person is casting a provisional ballot because 4 31 the personfailedwas unable or refused to provide a required 4 32 form of identification pursuant to section 48A.8, subsection 4 33 4, section 49.77, subsection 3A, paragraph "b", section 49.77, 4 34 subsection 4, or section 53.22, subsection 1, paragraph "d", a 4 35 list of the types of acceptable identification and notification 5 1 that the person must show identification before the ballot can 5 2 be counted. 5 3 Sec. 10. Section 49.81, Code 2015, is amended by adding the 5 4 following new subsection: 5 5 NEW SUBSECTION. 5. a. If a voter casts a provisional 5 6 ballot pursuant to section 49.77, subsection 3A, paragraph 5 7 "b", the precinct election official shall indicate on the 5 8 provisional ballot envelope that the voter is casting a 5 9 provisional ballot due to the voter's inability or refusal to 5 10 present proof of identification. 5 11 b. At the time a provisional ballot is cast the voter may 5 12 also execute an affidavit in the form prescribed by the state 5 13 commissioner which shall be attached to the provisional ballot 5 14 envelope, affirming that the voter is the person the voter 5 15 claims to be and further affirming either of the following: 5 16 (1) The voter is indigent and is unable to obtain proof of 5 17 identification without the payment of a fee. 5 18 (2) The voter has a religious objection to being 5 19 photographed. 5 20 c. A provisional ballot cast pursuant to section 49.77, 5 21 subsection 3A, paragraph "b", which is accompanied by an 5 22 affidavit executed pursuant to paragraph "b" of this subsection 5 23 shall be presumed valid by the special precinct board and 5 24 shall be counted unless additional written statements or 5 25 documents are delivered to the commissioner's office prior to 5 26 the date provisional ballots are considered by the special 5 27 precinct election board and the special precinct election board 5 28 determines such additional evidence successfully rebuts the 5 29 presumption of validity. 5 30 Sec. 11. Section 53.8, subsection 3, paragraph a, Code 2015, 5 31 is amended to read as follows: 5 32 a. When an application for an absentee ballot is received by 5 33 the commissioner of any county from a registered voter who is a 5 34 patient in a hospital in that county, a tenant of an assisted 5 35 living program certified pursuant to section 231C.3 in that 6 1 county, or a resident of any facility in that county shown to 6 2 be a health care facility by the list of licenses provided the 6 3 commissioner under section 135C.29, the absentee ballot shall 6 4 be delivered to the voter and returned to the commissioner in 6 5 the manner prescribed by section 53.22. 6 6 Sec. 12. Section 53.10, subsection 2, Code 2015, is amended 6 7 to read as follows: 6 8 2. Each person who wishes to vote by absentee ballot at 6 9 the commissioner's office shall first sign an application for 6 10 a ballot including the following information: name, current 6 11 address, and the election for which the ballot is requested. 6 12 The person may report a change of address or other information 6 13 on the person's voter registration record at that time. The 6 14 person must also provide proof of identification pursuant to 6 15 section 49.77, subsection 3, before receiving an absentee 6 16 ballot. Upon receiving the absentee ballot, the registered 6 17 voter shall immediately mark the ballot; enclose the ballot in 6 18 a secrecy envelope, if necessary, and seal it in the envelope 6 19 marked with the affidavit; subscribe to the affidavit on the 6 20 reverse side of the envelope; and return the absentee ballot to 6 21 the commissioner. The commissioner shall record the numbers 6 22 appearing on the application and affidavit envelope along with 6 23 the name of the registered voter. If a person does not provide 6 24 proof of identification as required under this subsection, the 6 25 person shall be offered the option to vote a provisional ballot 6 26 pursuant to section 49.77, subsection 3A, paragraph "b". 6 27 Sec. 13. Section 53.22, subsection 1, paragraph a, 6 28 subparagraphs (1) and (2), Code 2015, are amended to read as 6 29 follows: 6 30 (1) A registered voter who has applied for an absentee 6 31 ballot, in a manner other than that prescribed by section 53.10 6 32 or 53.11, and who is a resident, tenant, or patient in a health 6 33 care facility, assisted living program, or hospital located in 6 34 the county to which the application has been submitted shall 6 35 be delivered the appropriate absentee ballot by two special 7 1 precinct election officers, one of whom shall be a member of 7 2 each of the political parties referred to in section 49.13, who 7 3 shall be appointed by the commissioner from the election board 7 4 panel for the special precinct established by section 53.20. 7 5 The special precinct election officers shall be sworn in the 7 6 manner provided by section 49.75 for election board members, 7 7 shall receive compensation as provided in section 49.20, 7 8 and shall perform their duties during the ten calendar days 7 9 after the ballots are printed if the commissioner so elects, 7 10 during the fourteen calendar days preceding the election, and 7 11 on election day if all ballots requested under section 53.8, 7 12 subsection 3, have not previously been delivered and returned. 7 13 (2) If materials are prepared for the two special precinct 7 14 election officials, a list shall be made of all voters to whom 7 15 ballots are to be delivered. The list shall be sent with the 7 16 officials who deliver the ballots and shall include spaces 7 17 to indicate whether the person was present at the hospital, 7 18 assisted living program, or health care facility when the 7 19 officials arrived, whether the person requested assistance 7 20 from the officials, whether the person was assisted by another 7 21 person of the voter's choice, the time that the ballot was 7 22 returned to the officials, and any other notes the officials 7 23 deem necessary. 7 24 Sec. 14. Section 53.22, subsection 1, paragraph b, Code 7 25 2015, is amended to read as follows: 7 26 b. If an applicant under this subsection notifies the 7 27 commissioner that the applicant will not be available at the 7 28 health care facility, assisted living program, or hospital 7 29 address at any time during the ten=day period after the ballots 7 30 are printed, if applicable, or during the fourteen=day period 7 31 immediately prior to the election, but will be available there 7 32 at some other time prior to the election or on election day, 7 33 the commissioner shall direct the two special precinct election 7 34 officers to deliver the applicant's ballot at an appropriate 7 35 time preceding the election or on election day. If a person 8 1 who so requested an absentee ballot has been dismissed from the 8 2 health care facility, assisted living program, or hospital, the 8 3 special precinct election officers may take the ballot to the 8 4 voter if the voter is currently residing in the county. 8 5 Sec. 15. Section 53.22, subsection 1, Code 2015, is amended 8 6 by adding the following new paragraph: 8 7 NEW PARAGRAPH. d. Before receiving a ballot under 8 8 this subsection, each applicant shall present proof of 8 9 identification pursuant to section 49.77, subsection 3, to 8 10 the special precinct election board members. If an applicant 8 11 is unable to present proof of identification, the applicant 8 12 shall have an opportunity to execute an affidavit in the form 8 13 prescribed by the state commissioner of elections affirming 8 14 that the voter does not have and is unable to obtain proof 8 15 of identification and that the voter resides in a hospital, 8 16 assisted living program, or health care facility and is casting 8 17 a ballot pursuant to this section. If the applicant refuses to 8 18 execute an affidavit, the voter's ballot shall be considered a 8 19 provisional ballot cast pursuant to section 49.81. 8 20 Sec. 16. Section 53.22, subsections 2, 3, 4, and 6, Code 8 21 2015, are amended to read as follows: 8 22 2. Any registered voter who becomes a patient, tenant, or 8 23 resident of a hospital, assisted living program, or health 8 24 care facility in the county where the voter is registered to 8 25 vote within three days prior to the date of any election or on 8 26 election day may request an absentee ballot during that period 8 27 or on election day. As an alternative to the application 8 28 procedure prescribed by section 53.2, the registered voter 8 29 may make the request directly to the officers who are 8 30 delivering and returning absentee ballots under this section. 8 31 Alternatively, the request may be made by telephone to the 8 32 office of the commissioner not later than four hours before 8 33 the close of the polls. If the requester is found to be a 8 34 registered voter of that county, these officers shall deliver 8 35 the appropriate absentee ballot to the registered voter in the 9 1 manner prescribed by this section. 9 2 3. For any election except a primary or general election 9 3 or a special election to fill a vacancy under section 69.14, 9 4 the commissioner may, as an alternative to subsection 1, mail 9 5 an absentee ballot to an applicant under this section to be 9 6 voted and returned to the commissioner in accordance with this 9 7 chapter. This subsection only applies to applications for 9 8 absentee ballots from a single health care facility, assisted 9 9 living program, or hospital if there are no more than two 9 10 applications from that facility, assisted living program, or 9 11 hospital. 9 12 4. The commissioner shall mail an absentee ballot to a 9 13 registered voter who has applied for an absentee ballot and 9 14 who is a patient, tenant, or resident of a hospital, assisted 9 15 living program, or health care facility outside the county in 9 16 which the voter is registered to vote. 9 17 6. Observers representing candidates, political parties, 9 18 or nonparty political organizations, or observers who are 9 19 opponents or proponents of a ballot issue to be voted on at 9 20 the election are prohibited from being present at a hospital, 9 21 assisted living program, or health care facility during the 9 22 time the special precinct election officers are delivering 9 23 absentee ballots to the residents of such hospital or health 9 24 care facility. 9 25 Sec. 17. Section 53.22, subsection 5, paragraph a, Code 9 26 2015, is amended to read as follows: 9 27 a. If the registered voter becomes a patient, tenant, or 9 28 resident of a hospital, assisted living program, or health care 9 29 facility outside the county where the voter is registered to 9 30 vote within three days before the date of any election or on 9 31 election day, the voter may designate a person to deliver and 9 32 return the absentee ballot. The designee may be any person the 9 33 voter chooses except that no candidate for any office to be 9 34 voted upon for the election for which the ballot is requested 9 35 may deliver a ballot under this subsection. The request for 10 1 an absentee ballot may be made by telephone to the office of 10 2 the commissioner not later than four hours before the close of 10 3 the polls. If the requester is found to be a registered voter 10 4 of that county, the ballot shall be delivered by mail or by the 10 5 person designated by the voter. An application form shall be 10 6 included with the absentee ballot and shall be signed by the 10 7 voter and returned with the ballot. 10 8 Sec. 18. Section 321.190, subsection 1, paragraph d, Code 10 9 2015, is amended to read as follows: 10 10 d. The fee for a nonoperator's identification card shall 10 11 be eight dollars and the card shall be valid for a period of 10 12 eight years from the date of issuance. If an applicant for 10 13 a nonoperator's identification card is a foreign national 10 14 who is temporarily present in this state, the nonoperator's 10 15 identification card shall be issued only for the length of time 10 16 the foreign national is authorized to be present as determined 10 17 by the department, not to exceed two years. An issuance fee 10 18 shall not be charged for a person whose driver's license or 10 19 driving privilege has been suspended under section 321.210, 10 20 subsection 1, paragraph "a", subparagraph (3), for a person 10 21 obtaining an identification card to be used under section 10 22 49.77, subsection 3, for voting purposes, or voluntarily 10 23 surrendered by the person in lieu of suspension under section 10 24 321.210, subsection 1, paragraph "a". An identification card 10 25 obtained for voting purposes shall be marked by the department 10 26 as "For Voting Purposes Only". 10 27 DIVISION II 10 28 CONFORMING PROVISIONS 10 29 Sec. 19. Section 48A.8, subsection 2, unnumbered paragraph 10 30 1, Code 2015, is amended to read as follows: 10 31 An eligible elector who registers by mail and who has 10 32 not previously voted in an election for federal office in 10 33 the county of registration shall be required to provide 10 34 additional identification documents when voting for the first 10 35 time in the county, unless the registrant provided on the 11 1 registration form the registrant's Iowa driver's license 11 2 number, or the registrant's Iowa nonoperator's identification 11 3 card number, or the last four numerals of the registrant's 11 4 social security number and the driver's license, nonoperator's 11 5 identification, or partial social security number matches 11 6 an existing state or federal identification record with the 11 7 same number, name, and date of birth. If the registrant 11 8 is required to show additional identification under this 11 9 subsection and votes in person at the polls, or by absentee 11 10 ballot at the commissioner's office or at a satellite voting 11 11 station, the registrant shall provide a current and valid 11 12 photo identification card, or shall present to the appropriate 11 13 election official one of the following current documents that 11 14 shows the name and address of the registrant: 11 15 Sec. 20. Section 48A.8, subsection 4, Code 2015, is amended 11 16 to read as follows: 11 17 4. A registrant under subsection 2 who is required to 11 18 present additional identification when casting a ballot in 11 19 person shall be permitted to vote a provisional ballot if the 11 20 voter does not provide the required additional identification 11 21 documents pursuant to subsection 2. If a voter who is required 11 22 to present such additional identification when casting a ballot 11 23 votes an absentee ballot by mail, the ballot returned by the 11 24 voter shall be considered a provisional ballot pursuant to 11 25 sections 49.81 and 53.31. 11 26 Sec. 21. Section 48A.27, subsection 4, paragraph c, 11 27 subparagraph (2), Code 2015, is amended to read as follows: 11 28 (2) The notice shall contain a statement in substantially 11 29 the following form: 11 30 Information received from the United States postal service 11 31 indicates that you are no longer a resident of, and therefore 11 32 not eligible to vote in (name of county) County, Iowa. If this 11 33 information is not correct, and you still live in (name of 11 34 county) County, please complete and mail the attached postage 11 35 paid card at least ten days before the primary or general 12 1 election and at least eleven days before any other election at 12 2 which you wish to vote. If the information is correct and you 12 3 have moved, please contact a local official in your new area 12 4 for assistance in registering there.If you do not mail in 12 5 the card, you may be required to show identification before 12 6 being allowed to vote in (name of county) County.If you do not 12 7 return the card, and you do not vote in an election in (name 12 8 of county) County, Iowa, on or before (date of second general 12 9 election following the date of the notice) your name will be 12 10 removed from the list of voters in that county. 12 11 Sec. 22. Section 48A.29, subsection 1, paragraph b, Code 12 12 2015, is amended to read as follows: 12 13 b. The notice shall contain a statement in substantially the 12 14 following form: 12 15 Information received from the United States postal service 12 16 indicates that you are no longer a resident of (residence 12 17 address) in (name of county) County, Iowa. If this information 12 18 is not correct, and you still live in (name of county) County, 12 19 please complete and mail the attached postage paid card at 12 20 least ten days before the primary or general election and at 12 21 least eleven days before any other election at which you wish 12 22 to vote. If the information is correct, and you have moved, 12 23 please contact a local official in your new area for assistance 12 24 in registering there.If you do not mail in the card, you may 12 25 be required to show identification before being allowed to vote 12 26 in (name of county) County.If you do not return the card, and 12 27 you do not vote in some election in (name of county) County, 12 28 Iowa, on or before (date of second general election following 12 29 the date of the notice) your name will be removed from the list 12 30 of voters in that county. 12 31 Sec. 23. Section 48A.29, subsection 3, paragraph b, Code 12 32 2015, is amended to read as follows: 12 33 b. The notice shall contain a statement in substantially the 12 34 following form: 12 35 Information received by this office indicates that you are no 13 1 longer a resident of (residence address) in (name of county) 13 2 County, Iowa. If the information is not correct, and you still 13 3 live at that address, please complete and mail the attached 13 4 postage paid card at least ten days before the primary or 13 5 general election and at least eleven days before any other 13 6 election at which you wish to vote. If the information is 13 7 correct, and you have moved within the county, you may update 13 8 your registration by listing your new address on the card and 13 9 mailing it back. If you have moved outside the county, please 13 10 contact a local official in your new area for assistance in 13 11 registering there.If you do not mail in the card, you may be 13 12 required to show identification before being allowed to vote in 13 13 (name of county) County.If you do not return the card, and you 13 14 do not vote in some election in (name of county) County, Iowa, 13 15 on or before (date of second general election following the 13 16 date of the notice) your name will be removed from the list of 13 17 registered voters in that county. 13 18 DIVISION III 13 19 APPLICABILITY 13 20 Sec. 24. APPLICABILITY. This Act applies to elections held 13 21 on or after January 1, 2017. 13 22 EXPLANATION 13 23 The inclusion of this explanation does not constitute agreement with 13 24 the explanation's substance by the members of the general assembly. 13 25 This bill requires that a person provide certain proof of 13 26 identification at the time that the person votes, modifies 13 27 proof of identification and proof of residence requirements 13 28 for election day and in=person absentee registration, modifies 13 29 absentee voting procedures for eligible voters in assisted 13 30 living programs, and creates a criminal offense for falsely 13 31 swearing certain oaths and affidavits. 13 32 Division I of the bill relates to voter identification 13 33 requirements. The bill maintains current law allowing a person 13 34 wishing to register to vote on election day, or in person when 13 35 voting an absentee ballot, to establish proof of identity 14 1 and proof of residence by written oath of a person who is 14 2 registered to vote in the precinct, but requires that the oath 14 3 of the person wishing to vote and the registered voter's oath 14 4 be executed on the same piece of paper. 14 5 The bill requires that a voter provide proof of 14 6 identification to a precinct election official before being 14 7 allowed to vote, and also requires that a person wishing to 14 8 vote by absentee ballot at a county commissioner of elections 14 9 office or at a satellite absentee voting station present 14 10 the same proof of identification. The bill requires that 14 11 acceptable proof of identification show the name of the 14 12 individual voter, include a photograph of the voter, and be 14 13 issued by the government of the United States, the state of 14 14 Iowa, an Iowa public or private university or college, an Iowa 14 15 secondary school, or a political subdivision of the state. 14 16 The bill provides that, in lieu of providing identification 14 17 in order to vote, a person may establish proof of 14 18 identification by written oath of the person wishing to vote 14 19 and of a person who provides their own proof of identification 14 20 and who attests to the voter's identity. The bill provides 14 21 that the oath shall be in the form prescribed by the state 14 22 commissioner of elections, and that the oath shall state the 14 23 identity of the person wishing to vote and shall attest to 14 24 the stated identity of the person wishing to vote. The bill 14 25 requires that the oath be signed by both the attesting person 14 26 and the person wishing to vote. The bill makes it a class "D" 14 27 felony to falsely swear to or affirm an oath pursuant to this 14 28 provision or to falsely attest to a voter's identity. The bill 14 29 requires that the oath advise both persons that falsely stating 14 30 or attesting to a voter's identity is a class "D" felony. A 14 31 class "D" felony is punishable by confinement for no more than 14 32 five years and a fine of at least $750 but not more than $7,500. 14 33 The bill provides that an attesting person is prohibited from 14 34 signing any additional such oaths for the same election. 14 35 The bill provides that if proof of identification is 15 1 established the person shall then be allowed to vote. If a 15 2 person is unable or refuses to present proof of identification, 15 3 or if the precinct election official determines that the 15 4 proof of identification does not meet specified requirements, 15 5 the person shall be offered the option to vote a provisional 15 6 ballot. If a person is casting a provisional ballot 15 7 under these circumstances, the person shall receive a 15 8 printed statement giving notice of the types of acceptable 15 9 identification and notice that the person is required to show 15 10 acceptable identification before the provisional ballot can 15 11 be counted. However, the bill provides that a voter casting 15 12 a provisional ballot for this reason may execute an affidavit 15 13 in the form prescribed by the state commissioner of elections, 15 14 affirming that the voter is the person the voter claims to be 15 15 and affirming that the voter is either indigent and unable to 15 16 obtain proof of identification without the payment of a fee or 15 17 that the voter has a religious objection to being photographed. 15 18 The bill makes it a class "D" felony to falsify an affidavit 15 19 that attests to identity. A class "D" felony is punishable by 15 20 confinement for no more than five years and a fine of at least 15 21 $750 but not more than $7,500. The bill also provides that 15 22 any provisional ballot cast accompanied by such an affidavit 15 23 shall be presumed valid unless additional written statements 15 24 or documents are delivered to the county commissioner of 15 25 elections office prior to the date that provisional ballots 15 26 are considered and the precinct election board determines that 15 27 such additional evidence successfully rebuts the presumption 15 28 of validity. 15 29 The bill also makes changes to the election notice to be 15 30 published by the county commissioner of elections to require 15 31 that election notices include a statement that all voters will 15 32 be required to show proof of identification before casting a 15 33 ballot. 15 34 The bill requires that persons residing in a hospital or 15 35 health care facility who apply to vote by absentee ballot shall 16 1 present proof of identification. If the applicant is unable to 16 2 present proof of identification, the applicant shall be able 16 3 to execute an affidavit in the form prescribed by the state 16 4 commissioner of elections, stating that the applicant does not 16 5 have and is unable to obtain proof of identification and that 16 6 the applicant resides in a hospital or health care facility. 16 7 If the applicant refuses to execute such an affidavit and is 16 8 unable to present proof of identification, the voter is allowed 16 9 to cast a provisional ballot. The bill further extends all 16 10 provisions applying to balloting by residents of a health 16 11 care facility and hospital patients to include tenants of an 16 12 assisted living program. 16 13 The bill also provides that a person obtaining a 16 14 nonoperator's identification card for the purpose of voting 16 15 shall not be charged for the issuance of the nonoperator's 16 16 identification card. The bill requires that nonoperator's 16 17 identification cards issued to serve as proof of identification 16 18 for voting be labeled by the department as "For Voting Purposes 16 19 Only". 16 20 Division II of the bill makes conforming changes to certain 16 21 required notices on forms related to voter registration and 16 22 registration by mail. 16 23 Division III of the bill provides that the bill applies to 16 24 elections held on or after January 1, 2017. LSB 2078YH (5) 86 aw/sc
