Senate Study Bill 1088 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED SECRETARY OF STATE BILL) A BILL FOR An Act relating to voter registration, including voter 1 registration file maintenance and verification of voter 2 eligibility. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1418XD (6) 91 ss/ns
S.F. _____ H.F. _____ Section 1. Section 47.7, subsection 2, Code 2025, is amended 1 to read as follows: 2 2. a. On or before January 1, 2006, the The state registrar 3 of voters shall implement in a uniform and nondiscriminatory 4 manner, a single, uniform, official, centralized, interactive 5 computerized statewide voter registration file defined, 6 maintained, and administered at the state level that contains 7 the name and registration information of every legally 8 registered voter in the state and assigns a unique identifier 9 to each legally registered voter in the state. The state voter 10 registration system shall be coordinated with other agency 11 databases within the state, including , but not limited to , 12 state department of transportation drivers license records, 13 judicial records of convicted felons and persons declared 14 incompetent to vote, and department of health and human 15 services records of deceased persons. 16 b. On or after January 1, 2007, a A county shall not 17 establish or maintain a voter registration system separate 18 from the state voter registration system. Each county shall 19 provide to the state registrar the names, voter registration 20 information, and voting history of each registered voter in the 21 county in the form required by the state registrar. 22 c. A state or local election official may obtain immediate 23 electronic access to the information contained in the 24 computerized voter registration file. All voter registration 25 information obtained by a local election official shall be 26 electronically entered into the computerized voter registration 27 file on an expedited basis at the time the information is 28 provided to the local election official. The state registrar 29 shall provide such support as may be required to enable local 30 election officials to electronically enter the information into 31 the computerized voter registration file on an expedited basis. 32 The list generated from the computerized file shall serve as 33 the official voter registration list for the conduct of all 34 elections for federal office in the state. 35 -1- LSB 1418XD (6) 91 ss/ns 1/ 7
S.F. _____ H.F. _____ d. The state registrar shall prescribe by rule the 1 procedures for access to the state voter registration file, 2 including all of the following: 3 (1) Access protocols for adding, changing, or deleting 4 information from the state voter registration file. 5 (2) Training requirements for all state voter registration 6 file users. 7 (3) Technology safeguards, including county information 8 technology network requirements, necessary to access the state 9 voter registration file. 10 (4) Breach incident response requirements and protocols on 11 all matters related to elections. 12 e. The state registrar may rescind access to the statewide 13 voter registration file from a user who is not in compliance 14 with the prescribed rules. 15 f. (1) The state registrar shall, in the first quarter 16 of each calendar year, conduct a verification of all voters 17 in the statewide voter registration file, which shall 18 include cross-referencing the records in the statewide voter 19 registration file with similar records maintained by other 20 states. The state registrar of voters shall cancel the 21 registration of a voter found to be ineligible pursuant to 22 section 48A.30 . The state registrar shall submit a report 23 to the general assembly by April 30 of each year regarding 24 the number of voter registrations canceled pursuant to this 25 paragraph. The state registrar shall also publish this report 26 on the internet site of the state registrar. 27 (2) g. The state registrar may contract with a third-party 28 vendor , including state and federal government agencies and 29 private entities, to develop or provide a program to allow 30 the state registrar to verify the status of records in the 31 statewide voter registration file and identify ineligible 32 voters on an ongoing basis. 33 h. The state registrar may adopt rules pursuant to chapter 34 17A for the use of federal and other state agency sources of 35 -2- LSB 1418XD (6) 91 ss/ns 2/ 7
S.F. _____ H.F. _____ information. The state registrar and county commissioners 1 of elections may use those sources of information for voter 2 registration file maintenance. 3 i. The department of transportation shall transmit to the 4 state registrar a list of each person seventeen years of age or 5 older in the state who has submitted documentation indicating 6 that the person is not a citizen of the United States. 7 Sec. 2. Section 48A.10A, subsections 1 and 2, Code 2025, are 8 amended to read as follows: 9 1. The state registrar shall compare lists of persons who 10 are registered to vote with the department of transportations 11 drivers license and files, nonoperators identification 12 card files , and noncitizen identification files, and shall, 13 on an initial basis, issue a voter identification card to 14 each active, registered voter whose name does not appear 15 in the department of transportations files. The voter 16 identification card shall include the name of the registered 17 voter, a signature line above which the registered voter shall 18 sign the voter identification card, the registered voters 19 identification number assigned to the voter pursuant to 20 section 47.7, subsection 2 , an additional four-digit personal 21 identification number assigned by the state commissioner, and 22 the times during which polling places will be open on election 23 days. 24 2. The commissioner shall issue voter identification cards 25 on an ongoing basis as prescribed by the state registrar. The 26 commissioner shall, as a part of the voter acknowledgment 27 process required under sections 48A.26 and 48A.26A , issue 28 a voter identification card to a registered voter under 29 this subsection at the time of registration or update to 30 registration if the registered voters name does not appear 31 in the department of transportations drivers license , or 32 nonoperators identification card , or noncitizen identification 33 files. A registered voter whose name appears in the department 34 of transportations drivers license , or nonoperators 35 -3- LSB 1418XD (6) 91 ss/ns 3/ 7
S.F. _____ H.F. _____ identification card , or noncitizen identification files shall 1 not be issued a voter identification card pursuant to this 2 section . 3 Sec. 3. Section 48A.25A, Code 2025, is amended by adding the 4 following new subsection: 5 NEW SUBSECTION . 2A. A voter registration record shall be 6 designated as unconfirmed status if the registrant self-reports 7 to be a noncitizen on the voter registration form and signs 8 the portion of the form affirming the persons United States 9 citizenship. 10 Sec. 4. Section 48A.30, subsection 1, Code 2025, is amended 11 by adding the following new paragraph: 12 NEW PARAGRAPH . h. The registered voter submits 13 documentation that indicates that the registered voter is not a 14 citizen of the United States or reports to a state or federal 15 agency that the registered voter is not a citizen of the United 16 States. 17 Sec. 5. Section 48A.30, subsection 2, Code 2025, is amended 18 to read as follows: 19 2. When a registration is canceled pursuant to subsection 1 , 20 paragraph d , e , or g , or h , the commissioner shall send 21 a notice of the cancellation to the registered voter. 22 Sec. 6. Section 48A.37, subsection 2, Code 2025, is amended 23 to read as follows: 24 2. Electronic records shall include a status code 25 designating whether the records are active, inactive, 26 incomplete, pending, unconfirmed, or canceled. 27 a. Inactive records are records of registered voters to 28 whom notices have been sent pursuant to section 48A.28 , and 29 who have not returned the card or otherwise responded to 30 the notice, and those records have been designated inactive 31 pursuant to section 48A.29 . Inactive records are also records 32 of registered voters to whom notices have been sent pursuant 33 to section 48A.26A and who have not responded to the notice. 34 Incomplete records are records missing required information 35 -4- LSB 1418XD (6) 91 ss/ns 4/ 7
S.F. _____ H.F. _____ pursuant to section 48A.11, subsection 8 . Pending records 1 are records of applicants whose applications have not been 2 verified pursuant to section 48A.25A . Unconfirmed records are 3 records of registered voters about whom the state registrar or 4 county commissioner has received information from a reliable 5 source indicating that the registered voter is not qualified. 6 Canceled records are records that have been canceled pursuant 7 to section 48A.30 . All other records are active records. 8 b. An inactive record shall be made active when the 9 registered voter requests an absentee ballot, votes at an 10 election, registers again, or reports a change of name, 11 address, telephone number, or political party or organization 12 affiliation. An incomplete record shall be made active when 13 a completed application is received from the applicant and 14 verified pursuant to section 48A.25A . A pending record shall 15 be made active upon verification or upon the voter providing 16 identification pursuant to section 48A.8 . An unconfirmed 17 record shall be made active upon the registered voter providing 18 evidence that the registered voter is qualified. 19 Sec. 7. Section 49.77, subsection 1, paragraph a, Code 2025, 20 is amended to read as follows: 21 a. Any person desiring to vote shall sign a voters 22 declaration provided by the officials, in substantially the 23 following form: 24 VOTERS DECLARATION 25 OF ELIGIBILITY 26 I do solemnly swear or affirm that I am a resident of the .... 27 precinct, .... ward or township, city of ........ , county of 28 ........ , Iowa. I am a citizen of the United States. 29 I am a registered voter. I was born on the .... day of .... 30 (month) .... (year). I have not voted and will not 31 vote in any other precinct in said election. 32 I understand that any false statement in this declaration is 33 a criminal offense punishable as provided by law. 34 ................................ 35 -5- LSB 1418XD (6) 91 ss/ns 5/ 7
S.F. _____ H.F. _____ Signature of Voter 1 ................................ 2 Address 3 ................................ 4 Telephone (optional) 5 Approved: 6 ............................................ 7 Board Member 8 Sec. 8. Section 49.80, subsection 2, paragraph a, Code 2025, 9 is amended by adding the following new subparagraph: 10 NEW SUBPARAGRAPH . (5) The persons citizenship status. 11 Sec. 9. Section 50.22, subsection 2, Code 2025, is amended 12 to read as follows: 13 2. The decision to count or reject each ballot shall be 14 made upon the basis of the information given on the envelope 15 containing the provisional ballot, the evidence concerning 16 the challenge, the registration and the returned receipts of 17 registration. Ballots submitted to the board pursuant to 18 section 49.78 or 49.81 that are not cured by the deadline 19 provided in section 49.81, subsection 6, shall be rejected. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanations substance by the members of the general assembly. 23 This bill relates to voter registration file maintenance and 24 the verification of the eligibility of registered voters. The 25 bill specifies that the state registrar of voters may contract 26 with federal and state agencies and private entities for 27 voter registration verification purposes and allows the state 28 registrar to adopt rules regarding the use of federal and state 29 sources of information for voter registration file maintenance. 30 The bill requires the department of transportation to share 31 with the state registrar of voters a list of each person who 32 has submitted documentation indicating that the person is 33 not a citizen of the United States and requires the state 34 registrar of voters to compare the list of registered voters 35 -6- LSB 1418XD (6) 91 ss/ns 6/ 7
S.F. _____ H.F. _____ with the noncitizen identification information maintained by 1 the department of transportation. 2 The bill requires a voter registration to be marked as 3 unconfirmed if a registrant marks on the voter registration 4 form that the registrant is a noncitizen and also signs 5 the portion of the form affirming that the registrant is a 6 citizen of the United States or if the state registrar of 7 voters or county commissioner of elections receives reliable 8 information that the registered voter is not a citizen of the 9 United States. The bill requires a voter registration to be 10 changed from unconfirmed to active if the registered voter 11 provides evidence that the registered voter is qualified to 12 vote. The bill adds a statement regarding citizenship status 13 to the declaration of eligibility signed by each voter prior 14 to receiving a ballot. 15 The bill also requires a voter registration to be canceled 16 if the registered voter submits documentation that indicates 17 that the registered voter is not a citizen of the United States 18 or reports to a state or federal agency that the registered 19 voter is not a citizen of the United States. The bill allows 20 a precinct election official to question a person about the 21 persons citizenship status if the right of the person to vote 22 is challenged at the time the person is offering to vote. 23 The bill requires the special precinct election board to 24 reject provisional ballots that have not been cured by the 25 statutory deadline. 26 -7- LSB 1418XD (6) 91 ss/ns 7/ 7