Bill > HF290

Introduced Session

This bill provides for the registration of eligible electors upon review of electronic records received from state agencies. The bill allows for registration of eligible electors to vote following review of electronic records received from driver’s license and nonoperator’s identification card applications by county commissioners of registration (county auditors). The bill requires that the office of driver services of the department of transportation transmit to the state registrar of voters (the secretary of state) electronic records containing the legal name, age, residence, and citizenship information for, and the electronic signature of, each person submitting an application for a driver’s license or nonoperator’s identification card, or any renewal application. Current Code section 321.182 requires that an application for a license or card include an applicant’s full name, signature, current mailing address, current residential address, date of birth, social security number, and other information. Under current administrative rules of the state department of transportation, an applicant for a license or card is required to provide proof of lawful status in the United States. Also under current administrative rules, a person’s signature for a driver’s license or nonoperator’s identification card application is required to be captured electronically. Under current law, a county treasurer’s office participating in county issuance of driver’s licenses is required to participate in voter registration to the same extent as a license facility of the state department of transportation. The bill requires the state registrar of voters to transmit the electronic records and electronic signatures to the county commissioner of registration of the county where the person resides. The bill requires that the county commissioner review the electronic record and any other relevant information to determine if a person is an eligible elector. If the county commissioner determines a person to be an eligible elector and the person is not registered to vote in the county, the county commissioner is required to notify the person of the separate processes to decline to register to vote or to declare a political party affiliation. If a notified person fails to decline voter registration within 21 days after the county commissioner issued the notification, the bill provides that the electronic record and electronic signature shall constitute a completed voter registration form for that person and the bill requires the county commissioner to register the person to vote in that county and send the person an acknowledgment as required by current law. The bill prohibits a county commissioner from adding a person’s name to a voter registration list until at least 21 days after the commissioner has issued notification to the person. The bill requires that a county commissioner send an acknowledgment of registration within seven business days of registering a person under the bill. The bill also provides that the electronic record and electronic signature of a person who does not qualify as an eligible elector does not constitute a completed voter registration form. Under the bill, such a person submitting an application for a license or card will not be subject to charges for voter registration fraud under Code section 39A.2 for submitting such an application. The bill also grants the state voter registration commission the authority to adopt rules to administer and interpret the provisions of the bill relating to voter registration at motor vehicle driver’s license stations. If interpretive rulemaking authority is clearly vested in the discretion of an agency by statute, the applicable judicial standard of review is whether the rules constitute an irrational, illogical, or wholly unjustifiable interpretation of law by the agency (Code section 17A.19(10)(l)). If interpretive rulemaking authority is not clearly vested in the discretion of an agency, the applicable judicial standard of review is whether the rules constitute an erroneous interpretation of law (Code section 17A.19(10)(c)). The bill makes changes to current law related to address confidentiality program participants under Code chapter 9E by requiring the state registrar to adopt rules for administration of registration for those participants. The bill maintains current law to allow for submission of a paper voter registration form through driver’s license offices. The bill specifies that a requirement that separate registration forms be signed by each individual registrant only applies to paper registration forms. Under the bill, driver’s license offices are required to transmit voter registration forms to the appropriate county commissioner and to transmit all electronic records and electronic signatures to the state registrar of voters. Under current law, the state registrar of voters is required to establish rules regulating transmission of voter registration forms from driver’s license stations and voter registration agencies. Under the bill, such rules are required to be established by the state commission. The bill also allows for automatic voter registration to be completed based upon information received from voter registration agencies, including, under the bill, the department of education and other state offices that collect personal information sufficient to complete a voter registration application. The bill provides that the state voter registration commission, in consultation with the department of transportation and voter registration agencies, may adopt emergency rules to implement the provisions of the bill. The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2(3), which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill. The bill takes effect upon enactment.

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Josh Turek (D)*, 

Introduced, referred to State Government. H.J. 275. (on 02/10/2025)

Official Document