Bill: House File 653
Committee: State Government
Date: April 5, 2007
Staff: Kelly Ryan (2-5290)
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Same Day Registration and Identification
This bill allows for same day voter registration. There are two different ways to register after the close of the registration period. The first way is for the individual to show his or her driver’s license, nonoperator’s license or other form of photo identification. If the photo identification does not include a current address, the individual must also provide current documents that shows the person’s name and address in the precinct. Alternatively, an individual may also prove a written oath from someone in the precinct attesting to the voter’s residency in the precinct. The person who signed the oath may only sign one oath per day.
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Summary of Action
The House PASSED HF 653 on March 20, 2007 by a vote of 54-45.
The Senate PASSED HF 653 on March 27, 2007 by a vote of 49-0.
The Governor SIGNED HF 653 on April 3, 2007.
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Section by Section Analysis
Section 1 Penalties This amendment modifies the penalty section of Iowa’s election law by clarifying that it will be a class “D” felony punishable by no more than 5 years in confinement and a fine of at least $750 but not more than $7,500 for an individual falsely swears to an oath required pursuant to this bill.
This new section allows a person to register to vote on Election Day and then be eligible to vote.
In order to be eligible to register to vote the individual must show a driver’s license, non-operator’s license or Out of State driver’s license or ID card, United States Passport, Unites States military ID card, ID card issued by employer, or Student ID card issued by an Iowa high school or a post secondary intuition
If the photo identification does not include a current address, the individual must also provide current documents that shows the person’s name and address in the precinct. Those documents include Residential lease, Property tax statement, Utility Bill, Bank statement, Paycheck, Government Check, Other government document
Alternatively, an individual may also may provide a written oath from someone in the precinct attesting to the voter’s residency in the precinct. The person who signed the oath may only sign one oath per day.
This section also establishes the same process as above for those individuals who wish to register to vote and vote absentee or at a satellite polling location.
This section allows the vote to complete the voter registration application at the auditor’s office and then vote on election day, however they still need to provide a photo ID.
This section also requires the SOS to establish rules.
Section 3 Conforming Change This section makes a change to allow for same day voter registration.
Section 4 Acknowledgment of Same Day Registration and Voting This new section requires the auditor to send an acknowledgement to the voter within 45 days of registering to vote. The acknowledgment shall initially be nonforwardable. If it is returned the auditor shall attempt to contact the voter by forwardable mail. If the voter does not respond the auditor shall cancel the registration and notify the county attorney.
Section 5 Inactive Records This section states that inactive records are also records of registered voters to whom notices have been sent and who have not responded to the notice.
Section 6 Voting by a Provisional Ballot This section sates that if an individual would like to register to vote and vote in an election and can not show proof of identification as allowed above, the individual shall be allowed to cast a provisional ballot.
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Amendments
PASSED
H-1119 by Wessel-Kroeschell This act applies to elections held on or after January 1, 2008. ADOPTED on a voice vote.
H-1154 by Jacobs This amendment modifies the penalty section of Iowa’s election law by clarifying that it will be a class “D” felony punishable by no more than 5 years in confinement and a fine of at least $750 but not more than $7,500 for an individual falsely swears to an oath required pursuant to this bill. ADOPTED on a voice vote.
H-1171 by Wessel-Kroeschell This amendment codifies the types of photographic ID and residency documentation that is accepted.
In addition to an Iowa Driver’s License or ID card the forms shall include: Out of State driver’s license or ID card, United States Passport, Unites States military ID card, ID card issued by employer, or Student ID card issued by an Iowa high school or a post secondary intuition
Proof of residence: Residential lease, Property tax statement, Utility Bill, Bank statement, Paycheck, Government Check, Other government document
This also amendment codifies the oath that the individual registering to vote and the oath the person attesting to the identity and residency of the registrant signs. ADOPTED on a voice vote.
LOST
H-1342 by Anderson: This amendment no longer requires auditors offices to be open the Saturday normal time to register period ends. LOST on a voice vote.
H-1314 by Baudler: This amendment requires the county attorney to issue a warrant and arrest a voter who does not return within 14 days a forwardable acknowledgement. LOST on a 46-53 record roll call vote.
H-1381 by Kaufmann: This amendment requires county attorneys that are notified of a violation of the same day voter registration laws to investigate the allocation, unless the complaint is withdrawn. If probable cause exists, the county attorney shall proceed by information or indictment. A county attorney who refuses or intentionally fails to investigate such allegation, or to proceed by filing after a determination has been made that probable cause exist, is guilty of a serious misdemeanor and, upon conviction shall forfeit office. LOST on a voice vote.
H-1372 by Granzow: This amendment states all individuals that register to vote after the close of the registration period shall vote provisional ballots. LOST on a 47-52 record roll call vote.
H-1320 by Anderson: This amendment amends H-1119 by no longer requiring county auditor offices be open 10 days before the election. LOST on a 45-50 non-record roll call vote.
H-1319 by Jacobs: This amendment amends H-1171 by say ting the residency documents be dated within the previous thirty days. LOST on 46 to 52 on a record roll call vote.
WITHDRAWN
H-1146 by Jacobs: This amendment codifies the types of photographic ID and residency documentation that is accepted.
In addition to an Iowa Driver’s License or ID card the forms shall include: Out of State driver’s license or ID card, United States Passport, Unites States military ID card, ID card issued by employer, Student ID card issued by a post secondary intuition, (Does not include high school ID card).
Proof of current residence: Residential lease, Property tax statement, Utility Bill, Bank statement, Paycheck, Government Check, and Other government document. WITHDRAWN.
H-1164 by Jacobs: This amendment codifies the types of photographic ID and residency documentation that is accepted.
In addition to an Iowa Driver’s License or ID card the forms shall include: Out of State driver’s license or ID card, United States Passport, Unites States military ID card, ID card issued by employer, and Student ID card issued by an Iowa high school or a post secondary intuition.
Proof of current residence: Residential lease, Property tax statement, Utility Bill, Bank statement, Paycheck, Government Check, and Other government documents. WITHDRAWN.
OUT OF ORDER/NOT GERMANE
H-1153 by Jacobs: This amendment codifies the oath that the individual registering to vote and the oath the person attesting to the identity and residency of the registrant signs. Ruled OUT OF ORDER.
H-1128 by Jacobs: This amendment requires photo id at all elections. Ruled NOT GERMANE Motion to suspend the rules LOST on a 45-54 record roll call vote.
H-1399 by Lukan: This amendment allows county auditors to request a list of current students from public and private institutions and if the list is made available that list could be used as proof of residency. Ruled NOT GERMANE to the amendment.
H-1176 by Jacobs: This amendment will amend H-1146 by allowing an ID card issued by a high school as one of the accepted forms of identification. Ruled OUT OF ORDER.