House File 290 - Introduced HOUSE FILE 290 BY TUREK A BILL FOR An Act providing for the registration of eligible electors upon 1 review of electronic records received from state agencies, 2 and including effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 2034YH (4) 91 ss/ns
H.F. 290 Section 1. Section 48A.7, Code 2025, is amended to read as 1 follows: 2 48A.7 Registration in person. 3 An eligible elector may register to vote by appearing 4 personally and completing a voter registration form at the 5 office of the commissioner in the county in which the person 6 resides, at a motor vehicle drivers license station, including 7 any county treasurers office that is participating in county 8 issuance of drivers licenses under chapter 321M , or at any 9 voter registration agency. A For paper registration forms, 10 a separate voter registration form shall be signed by each 11 individual registrant. 12 Sec. 2. Section 48A.8, subsection 1, Code 2025, is amended 13 to read as follows: 14 1. An eligible elector may request that a voter registration 15 form be mailed to the elector. The completed form may be 16 mailed or delivered by the registrant or the registrants 17 designee to the commissioner in the county where the person 18 resides or to the state commissioner of elections for a 19 program participant, as provided in section 9E.6 . A For paper 20 registration forms, a separate voter registration form shall be 21 signed by each individual registrant. 22 Sec. 3. Section 48A.18, subsections 1 and 3, Code 2025, are 23 amended to read as follows: 24 1. Each state motor vehicle drivers license application, 25 including any renewal application or application for a 26 nonoperators identification card, submitted to the office 27 of driver services of the state department of transportation 28 shall serve as an application for voter registration unless 29 the commissioner of registration determines that the applicant 30 is not an eligible elector or the applicant declines to 31 register to vote after receiving notification under subsection 32 4A . A completed application or paper voter registration 33 form submitted to the office of driver services of the state 34 department of transportation shall be considered to update any 35 -1- LSB 2034YH (4) 91 ss/ns 1/ 11
H.F. 290 previous voter registration by the registrant. 1 3. Information relating to the refusal decision of an 2 applicant for a drivers license to apply decline to register 3 to vote shall not be used for any purpose other than voter 4 registration. 5 Sec. 4. Section 48A.18, subsection 4, Code 2025, is amended 6 by striking the subsection and inserting in lieu thereof the 7 following: 8 4. a. The state voter registration commission shall 9 establish schedules by which the department of transportation 10 shall transmit to the state registrar of voters electronic 11 records containing the legal name, age, residence, and 12 citizenship information for, and the electronic signature of, 13 each person submitting an application under this section. 14 b. The state voter registration commission shall establish 15 schedules by which the state registrar of voters shall make 16 accessible or transmit electronic records and electronic 17 signatures received under paragraph a to the appropriate 18 commissioner of registration. 19 c. The state voter registration commission shall establish 20 schedules by which the department of transportation shall 21 transmit any completed paper registration forms to the 22 appropriate commissioner of registration. 23 d. The state commissioner of elections shall adopt rules, 24 consistent with section 9E.6, for the registration of address 25 confidentiality program participants. 26 e. The state voter registration commission shall adopt 27 rules pursuant to chapter 17A to administer and interpret this 28 section, including rules to establish electronic and paper 29 forms and all procedures used by the office of driver services 30 for voter registration purposes, rules to establish schedules 31 for transmission of electronic records, electronic signatures, 32 and completed paper voter registration forms, and rules and 33 forms to decline being registered to vote. 34 Sec. 5. Section 48A.18, Code 2025, is amended by adding the 35 -2- LSB 2034YH (4) 91 ss/ns 2/ 11
H.F. 290 following new subsection: 1 NEW SUBSECTION . 4A. a. (1) Upon receiving the electronic 2 record for, and electronic signature of, a person under 3 subsection 4, the state registrar of voters shall transmit or 4 otherwise make accessible the electronic record and electronic 5 signature of the person to the commissioner of registration 6 of the county where the person resides. Upon reviewing the 7 electronic record received from the state registrar of voters, 8 along with any other relevant information, the commissioner of 9 registration shall determine if a person is an eligible elector 10 of the county. If the commissioner determines that a person is 11 an eligible elector of the county and is not registered to vote 12 in that county, the commissioner shall notify the person of the 13 separate processes to decline being registered to vote or to 14 declare a political party affiliation. 15 (2) If the person is registered to vote in the county, the 16 commissioner shall use the electronic record and information to 17 update the persons voter registration if appropriate. 18 b. If a person notified under paragraph a does not decline 19 to be registered to vote within twenty-one calendar days after 20 the commissioner of registration issues the notification, the 21 persons electronic record and electronic signature shall 22 constitute a completed voter registration form under section 23 48A.11, and the commissioner of registration shall register the 24 person to vote in that county. The commissioner shall send an 25 acknowledgment pursuant to section 48A.26. 26 c. A commissioner of registration shall not add a person 27 subject to registration under this subsection to a voter 28 registration list until at least twenty-one calendar days 29 after the commissioner has issued notification to the person 30 as described in paragraph a . 31 d. The electronic record and electronic signature, received 32 under this subsection, of a person who does not qualify 33 as an eligible elector shall not constitute a completed 34 voter registration form under section 48A.11 and such a 35 -3- LSB 2034YH (4) 91 ss/ns 3/ 11
H.F. 290 persons application for a drivers license or nonoperators 1 identification card shall not be considered to be a voter 2 registration application for purposes of section 39A.2, 3 subsection 1, paragraph a . 4 Sec. 6. Section 48A.19, subsection 1, Code 2025, is amended 5 by adding the following new paragraph: 6 NEW PARAGRAPH . d. The department of education and all 7 state offices that collect personal information sufficient 8 to complete a voter registration, as determined by the state 9 commissioner. 10 Sec. 7. Section 48A.19, subsection 4, paragraph a, 11 unnumbered paragraph 1, Code 2025, is amended to read as 12 follows: 13 The A voter registration agency that does not collect 14 personal information sufficient to complete a voter 15 registration application shall provide a form to applicants 16 that includes all of the following: 17 Sec. 8. Section 48A.21, Code 2025, is amended to read as 18 follows: 19 48A.21 Transmission of forms from agencies and drivers 20 license stations . 21 1. The state registrar of voters shall adopt administrative 22 rules regulating the transmission of completed voter 23 registration forms from voter registration agencies and from 24 drivers license stations, including county treasurers offices 25 participating in county issuance of drivers licenses under 26 chapter 321M . All completed voter registration applications 27 in the possession of a voter registration agency , a drivers 28 license station, or a county treasurers office that is 29 participating in county issuance of drivers licenses at 5:00 30 p.m. on the last workday of each week shall be transmitted 31 to the location designated by the state registrar of voters 32 by rule. Procedures or requirements for more frequent 33 transmissions may be specified by rule. 34 2. a. The state voter registration commission shall 35 -4- LSB 2034YH (4) 91 ss/ns 4/ 11
H.F. 290 establish schedules by which the voter registration agencies 1 pursuant to section 48A.19 that collect personal information 2 sufficient to complete a voter registration application shall 3 transmit to the state registrar of voters electronic records 4 containing the legal name, age, residence, and citizenship 5 information for, and the electronic signature of, each person 6 providing personal information as described in this section. 7 b. The state voter registration commission shall establish 8 schedules by which the state registrar of voters shall make 9 accessible or transmit electronic records and electronic 10 signatures received under paragraph a to the appropriate 11 commissioner of registration. 12 c. The state voter registration commission shall establish 13 schedules by which voter registration agencies shall transmit 14 any completed paper registration forms to the appropriate 15 commissioner of registration. 16 d. The state commissioner of elections shall adopt rules, 17 consistent with section 9E.6, for the registration of address 18 confidentiality program participants. 19 e. The state voter registration commission shall adopt 20 rules pursuant to chapter 17A to administer and interpret this 21 section, including rules to establish electronic and paper 22 forms and all procedures used by voter registration agencies 23 for voter registration purposes, rules to establish schedules 24 for transmission of electronic records, electronic signatures, 25 and completed paper voter registration forms, and rules and 26 forms to decline being registered to vote. 27 3. a. (1) Upon receiving the electronic record for, and 28 electronic signature of, a person under subsection 2, the state 29 registrar of voters shall transmit or otherwise make accessible 30 the electronic record and electronic signature of the person to 31 the commissioner of registration of the county where the person 32 resides. Upon reviewing the electronic record received from 33 the state registrar of voters, along with any other relevant 34 information, the commissioner of registration shall determine 35 -5- LSB 2034YH (4) 91 ss/ns 5/ 11
H.F. 290 if a person is an eligible elector of the county. If the 1 commissioner determines that a person is an eligible elector 2 of the county and is not registered to vote in that county, the 3 commissioner shall notify the person of the separate processes 4 to decline being registered to vote or to declare a political 5 party affiliation. 6 (2) If the person is registered to vote in the county, the 7 commissioner shall use the electronic record and information to 8 update the persons voter registration if appropriate. 9 b. If a person notified under paragraph a does not decline 10 to be registered to vote within twenty-one calendar days after 11 the commissioner of registration issues the notification, the 12 persons electronic record and electronic signature shall 13 constitute a completed voter registration form under section 14 48A.11, and the commissioner of registration shall register the 15 person to vote in that county. The commissioner shall send an 16 acknowledgment pursuant to section 48A.26. 17 c. A commissioner of registration shall not add a person 18 subject to registration under this subsection to a voter 19 registration list until at least twenty-one calendar days 20 after the commissioner has issued notification to the person 21 as described in paragraph a . 22 d. The electronic record and electronic signature, received 23 under this subsection, of a person who does not qualify as 24 an eligible elector shall not constitute a completed voter 25 registration form under section 48A.11 and such a person shall 26 not be considered to have submitted a voter registration 27 application for purposes of section 39A.2, subsection 1, 28 paragraph a . 29 Sec. 9. Section 48A.26, subsection 1, paragraph b, Code 30 2025, is amended to read as follows: 31 b. (1) For a voter registration form or change of 32 information in a voter registration record submitted at a 33 precinct caucus, the commissioner shall send an acknowledgment 34 within forty-five days of receipt of the form or change of 35 -6- LSB 2034YH (4) 91 ss/ns 6/ 11
H.F. 290 information. 1 (2) For a voter registration application or change of 2 information in a voter registration record completed pursuant 3 to section 48A.18 or 48A.19, the commissioner shall send an 4 acknowledgment within seven working days of the person being 5 registered under either section. 6 Sec. 10. Section 48A.26, subsection 8, Code 2025, is amended 7 to read as follows: 8 8. An A completed voter registration application, 9 improperly transmitted under section 48A.18, subsection 10 4A, or under section 48A.21, subsection 2, or an improperly 11 addressed or delivered registration form shall be transmitted 12 or forwarded to the appropriate county commissioner of 13 registration within two working days after it is received by 14 any other official. The date of registration shall be the date 15 the completed application or registration form was received by 16 the first official. If the registration form was postmarked 17 fifteen or more days before an election and the registration 18 form was received by the first official after the close of 19 registration, the registration form shall be considered on time 20 for the election. 21 Sec. 11. Section 48A.36, subsection 1, Code 2025, is amended 22 to read as follows: 23 1. Voter registration agencies and the office of driver 24 services of the state department of transportation may 25 electronically transmit registration data to the state 26 registrar of voters, who shall distribute the information, 27 electronically or otherwise, to the appropriate commissioner 28 in accordance with rules of the state voter registration 29 commission and the state registrar of voters. The office of 30 driver services of the state department of transportation and 31 voter registration agencies that collect personal information 32 sufficient to complete a voter registration application 33 shall electronically transmit registration data to the state 34 registrar of voters as required pursuant to sections 48A.18 35 -7- LSB 2034YH (4) 91 ss/ns 7/ 11
H.F. 290 and 48A.21. The state agency originating the registration 1 data shall permanently retain an electronic copy of the 2 form completed by the registrant, including the registrants 3 signature, and shall develop procedures for the retrieval and 4 printing of that electronic document. A printed copy of an 5 electronic registration document shall be made only upon the 6 agencys receipt of a court order. 7 Sec. 12. Section 331.557A, subsection 5, Code 2023, is 8 amended to read as follows: 9 5. Participate in voter registration according to the 10 terms of chapter 48A , and submit completed voter registration 11 forms to the state registrar of voters appropriate county 12 commissioner of registration . 13 Sec. 13. EMERGENCY RULES. The state voter registration 14 commission, in consultation with the department of 15 transportation and voter registration agencies, may adopt 16 emergency rules under section 17A.4, subsection 3, and section 17 17A.5, subsection 2, paragraph b, to implement the provisions 18 of this Act and the rules shall be effective immediately upon 19 filing unless a later date is specified in the rules. Any 20 rules adopted in accordance with this section shall also be 21 published as a notice of intended action as provided in section 22 17A.4. 23 Sec. 14. IMPLEMENTATION OF ACT. Section 25B.2, subsection 24 3, shall not apply to this Act. 25 Sec. 15. EFFECTIVE UPON ENACTMENT. This Act, being deemed 26 of immediate importance, takes effect upon enactment. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanations substance by the members of the general assembly. 30 This bill provides for the registration of eligible electors 31 upon review of electronic records received from state agencies. 32 The bill allows for registration of eligible electors 33 to vote following review of electronic records received 34 from drivers license and nonoperators identification card 35 -8- LSB 2034YH (4) 91 ss/ns 8/ 11
H.F. 290 applications by county commissioners of registration (county 1 auditors). 2 The bill requires that the office of driver services of the 3 department of transportation transmit to the state registrar of 4 voters (the secretary of state) electronic records containing 5 the legal name, age, residence, and citizenship information 6 for, and the electronic signature of, each person submitting 7 an application for a drivers license or nonoperators 8 identification card, or any renewal application. Current Code 9 section 321.182 requires that an application for a license 10 or card include an applicants full name, signature, current 11 mailing address, current residential address, date of birth, 12 social security number, and other information. Under current 13 administrative rules of the state department of transportation, 14 an applicant for a license or card is required to provide proof 15 of lawful status in the United States. Also under current 16 administrative rules, a persons signature for a drivers 17 license or nonoperators identification card application is 18 required to be captured electronically. Under current law, 19 a county treasurers office participating in county issuance 20 of drivers licenses is required to participate in voter 21 registration to the same extent as a license facility of the 22 state department of transportation. 23 The bill requires the state registrar of voters to transmit 24 the electronic records and electronic signatures to the county 25 commissioner of registration of the county where the person 26 resides. The bill requires that the county commissioner review 27 the electronic record and any other relevant information to 28 determine if a person is an eligible elector. If the county 29 commissioner determines a person to be an eligible elector 30 and the person is not registered to vote in the county, the 31 county commissioner is required to notify the person of the 32 separate processes to decline to register to vote or to declare 33 a political party affiliation. If a notified person fails to 34 decline voter registration within 21 days after the county 35 -9- LSB 2034YH (4) 91 ss/ns 9/ 11
H.F. 290 commissioner issued the notification, the bill provides that 1 the electronic record and electronic signature shall constitute 2 a completed voter registration form for that person and the 3 bill requires the county commissioner to register the person to 4 vote in that county and send the person an acknowledgment as 5 required by current law. 6 The bill prohibits a county commissioner from adding a 7 persons name to a voter registration list until at least 21 8 days after the commissioner has issued notification to the 9 person. The bill requires that a county commissioner send an 10 acknowledgment of registration within seven business days of 11 registering a person under the bill. The bill also provides 12 that the electronic record and electronic signature of a person 13 who does not qualify as an eligible elector does not constitute 14 a completed voter registration form. Under the bill, such a 15 person submitting an application for a license or card will not 16 be subject to charges for voter registration fraud under Code 17 section 39A.2 for submitting such an application. 18 The bill also grants the state voter registration commission 19 the authority to adopt rules to administer and interpret the 20 provisions of the bill relating to voter registration at motor 21 vehicle drivers license stations. If interpretive rulemaking 22 authority is clearly vested in the discretion of an agency by 23 statute, the applicable judicial standard of review is whether 24 the rules constitute an irrational, illogical, or wholly 25 unjustifiable interpretation of law by the agency (Code section 26 17A.19(10)(l)). If interpretive rulemaking authority is not 27 clearly vested in the discretion of an agency, the applicable 28 judicial standard of review is whether the rules constitute an 29 erroneous interpretation of law (Code section 17A.19(10)(c)). 30 The bill makes changes to current law related to address 31 confidentiality program participants under Code chapter 32 9E by requiring the state registrar to adopt rules for 33 administration of registration for those participants. The 34 bill maintains current law to allow for submission of a paper 35 -10- LSB 2034YH (4) 91 ss/ns 10/ 11
H.F. 290 voter registration form through drivers license offices. The 1 bill specifies that a requirement that separate registration 2 forms be signed by each individual registrant only applies to 3 paper registration forms. Under the bill, drivers license 4 offices are required to transmit voter registration forms 5 to the appropriate county commissioner and to transmit all 6 electronic records and electronic signatures to the state 7 registrar of voters. 8 Under current law, the state registrar of voters is 9 required to establish rules regulating transmission of voter 10 registration forms from drivers license stations and voter 11 registration agencies. Under the bill, such rules are required 12 to be established by the state commission. 13 The bill also allows for automatic voter registration 14 to be completed based upon information received from 15 voter registration agencies, including, under the bill, 16 the department of education and other state offices that 17 collect personal information sufficient to complete a voter 18 registration application. 19 The bill provides that the state voter registration 20 commission, in consultation with the department of 21 transportation and voter registration agencies, may adopt 22 emergency rules to implement the provisions of the bill. 23 The bill may include a state mandate as defined in Code 24 section 25B.3. The bill makes inapplicable Code section 25 25B.2(3), which would relieve a political subdivision from 26 complying with a state mandate if funding for the cost of 27 the state mandate is not provided or specified. Therefore, 28 political subdivisions are required to comply with any state 29 mandate included in the bill. 30 The bill takes effect upon enactment. 31 -11- LSB 2034YH (4) 91 ss/ns 11/ 11