Iowa Code § 48A.7A

Current through March 29, 2024

Section 48A.7A - Election day and in-person absentee registration

a. A person who is eligible to register to vote and to vote may register on election day by appearing in person at the polling place for the precinct in which the individual resides and completing a voter registration application, making written oath, and providing proof of identity and residence.

(1) For purposes of this section, a person may establish identity and residence by presenting to the appropriate precinct election official a current and valid Iowa driver's license or Iowa nonoperator's identification card or by presenting any of the following current and valid forms of identification if such identification contains the person's photograph and a valid expiration date:

(a) An out-of-state driver's license or nonoperator's identification card.

(b) A United States passport.

(c) A United States military or veterans identification card.

(d) An identification card issued by an employer.

(e) A student identification card issued by an Iowa high school or an Iowa postsecondary educational institution.

(f) A tribal identification card or other tribal enrollment document issued by a federally recognized Indian tribe or nation, if the tribal identification card or other tribal enrollment document is signed before the card or document is presented to the election official.

(2) If the photographic identification presented does not contain the person's current address in the precinct, the person shall also present one of the following documents that shows the person's name and current address in the precinct, and the document must be dated, or describe terms of residency current to, within forty-five days prior to presentation:

(a) Residential lease.

(b) Property tax statement.

(c) Utility bill.

(d) Bank statement.

(e) Paycheck.

(f) Government check.

(g) Other government document.

c. In lieu of paragraph "b", a person wishing to vote may establish identity and residency in the precinct by written oath of a person who is registered to vote in the precinct. Before signing an oath under this paragraph, the attesting registered voter shall present to the precinct election official proof of the voter's identity, as described in section 49.78, subsection 2 or 3. The registered voter's oath shall attest to the stated identity of the person wishing to vote and that the person is a current resident of the precinct. The oath must be signed by the attesting registered voter in the presence of the appropriate precinct election official. A registered voter who has signed an oath on election day attesting to a person's identity and residency as provided in this paragraph is prohibited from signing any further oaths as provided in this paragraph on that day.

2. The oath required in subsection 1, paragraph "a", and in paragraph "c", if applicable, shall be attached to the voter registration application.

3. At any time before election day, and after the deadline for registration in section 48A.9, a person who appears in person at the commissioner's office or at a satellite absentee voting station or whose ballot is delivered to a health care facility pursuant to section 53.22 may register to vote and vote an absentee ballot by following the procedure in this section for registering to vote on election day. A person who wishes to vote in person at the polling place on election day and who has not registered to vote before the deadline for registering in section 48A.9, is required to register to vote at the polling place on election day following the procedure in this section. However, the person may complete the voter registration application at the commissioner's office and, after the commissioner has reviewed the completed application, may present the application to the appropriate precinct election official along with proof of identity and residency.

a. The form of the written oath required of the person registering under this section shall read as follows:

I, .................... (name of registrant), do solemnly swear or affirm all of the following:

I am a resident of the ............ precinct, ............ ward or township, city of ...................., county of ...................., Iowa.

I am the person named above.

I live at the address listed below.

I do not claim the right to vote anywhere else.

I have not voted and will not vote in any other precinct in this election.

I understand that any false statement in this oath is a class "D" felony punishable by no more than five years in confinement and a fine of at least seven hundred fifty dollars but not more than seven thousand five hundred dollars.

....................................................

Signature of Registrant

....................................................

Address

....................................................

Telephone (optional to provide)

Subscribed and sworn before me on ........ (date).

....................................................

Signature of Precinct Election Official

b. The form of the written oath required of a person attesting to the identity and residency of the registrant shall read as follows:

I, .................... (name of registered voter), do solemnly swear or affirm all of the following:

I am a preregistered voter in this precinct or I registered to vote in this precinct today, and a registered voter did not sign an oath on my behalf. I have not signed an oath attesting to the identity and residence of any other person in this election.

I am a resident of the ............ precinct, ............ ward or township, city of ...................., county of ...................., Iowa.

I reside at ............................ (street address) in .................... (city or township).

I personally know .................... (name of registrant), and I personally know that .................... (name of registrant) is a resident of the ............ precinct, .................... ward or township, city of ...................., county of ...................., Iowa.

....................................................

Signature of Registered Voter

Subscribed and sworn before me on ........ (date).

....................................................

Signature of Precinct Election Official

a. If a person registers to vote under this section at a polling place that has access to an electronic poll book, the precinct election official shall verify against a database maintained by the state commissioner that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person has had the person's voting rights restored. If the precinct election official determines that the person has not been convicted of a felony or has been convicted of a felony but the person's voting rights have been restored, the precinct election official shall furnish a ballot to the voter. If the database indicates that the person has been convicted of a felony and that the person's voting rights have not been restored, the precinct election official shall challenge the person under section 49.79.

b. If a person registers to vote under this section at a polling place that does not have access to an electronic poll book, the person shall be permitted to cast a provisional ballot under section 49.81, and the absentee and special voters precinct board, appointed pursuant to section 53.23, shall verify against a database maintained by the state commissioner that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person's voting rights have been restored. If information in the database indicates that the person has not been convicted of a felony or, if the person has been convicted of a felony, the person's voting rights have been restored, the voter's provisional ballot shall be counted. If the database indicates that the person has been convicted of a felony and the person's voting rights have not been restored, the voter's provisional ballot shall be rejected.

Iowa Code § 48A.7A

2007 Acts, ch 35, §2, 7; 2007 Acts, ch 215, § 242; 2008 Acts, ch 1115, § 73 - 75; 2017 Acts, ch 29, § 29; 2017 Acts, ch 110, § 13 - 16, 35, 36; 2018 Acts, ch 1149, §6, 12; 2018 Acts, ch 1172, § 92

Amended by 2018 Iowa, ch 1172, s 92, eff. 7/1/2018.

Amended by 2017 Iowa, ch 110, s 16, eff. upon appropriations to the Commissioner of elections sufficient for implementation of section 48A.10A as declared by the general assembly.

Amended by 2017 Iowa, ch 110, s 15, eff. upon appropriations to the Commissioner of elections sufficient for implementation of section 48A.10A as declared by the general assembly.

Amended by 2017 Iowa, ch 110, s 14, eff. upon appropriations to the Commissioner of elections sufficient for implementation of section 48A.10A as declared by the general assembly.

Amended by 2017 Iowa, ch 110, s 13, eff. upon appropriations to the Commissioner of elections sufficient for implementation of section 48A.10A as declared by the general assembly.

Amended by 2017 Iowa, ch 29, s 29, eff. 7/1/2017.

2007 Acts, ch 35, §2, 7; 2007 Acts, ch 215, §242; 2008 Acts, ch 1115, §73 - 75

Referred to in §39A.2, 48A.9, 48A.14, 48A.25A, 48A.26, 48A.26A, 49.11, 49.77, 49.78, 49.79, 53.2