H.F. 523 DIVISION I 1 RESTORATION OF THE RIGHT TO VOTE 2 Section 1. Section 39A.1, subsection 2, Code 2019, is 3 amended to read as follows: 4 2. The purpose of this chapter is to identify actions which 5 threaten the integrity of the election process and to impose 6 significant sanctions upon persons who intentionally commit 7 those acts. It is the intent of the general assembly that 8 offenses with the greatest potential to affect the election 9 process be vigorously prosecuted and strong punishment meted 10 out through the imposition of felony sanctions which, as a 11 consequence, remove the voting rights of the offenders until 12 such rights are restored by the governor, by the president of 13 the United States, or by operation of law . Other offenses are 14 still considered serious, but based on the factual context in 15 which they arise, they may not rise to the level of offenses 16 to which felony penalties attach. The general assembly 17 also recognizes that instances may arise in which technical 18 infractions of chapters 39 through 53 may occur which do not 19 merit any level of criminal sanction. In such instances, 20 administrative notice from the state or county commissioner 21 of elections is sufficient. Mandates or proscriptions in 22 chapters 39 through 53 which are not specifically included in 23 this chapter shall be considered to be directive only, without 24 criminal sanction. 25 Sec. 2. Section 43.18, subsection 9, Code 2019, is amended 26 to read as follows: 27 9. A statement that the candidate is aware that the 28 candidate is disqualified from holding office if the candidate 29 has been convicted of a felony or other infamous crime and the 30 candidate’s rights have not been restored by the governor , or 31 by the president of the United States , or by operation of law . 32 Sec. 3. Section 43.67, subsection 2, paragraph i, Code 2019, 33 is amended to read as follows: 34 i. A statement that the candidate is aware that the 35 -1- LSB 2092HH (1) 88 mo/jh 1/ 10

H.F. 523 candidate is disqualified from holding office if the candidate 1 has been convicted of a felony or other infamous crime and the 2 candidate’s rights have not been restored by the governor , or 3 by the president of the United States , or by operation of law . 4 Sec. 4. Section 44.3, subsection 2, paragraph i, Code 2019, 5 is amended to read as follows: 6 i. A statement that the candidate is aware that the 7 candidate is disqualified from holding office if the candidate 8 has been convicted of a felony or other infamous crime and the 9 candidate’s rights have not been restored by the governor , or 10 by the president of the United States , or by operation of law . 11 Sec. 5. Section 45.3, subsection 9, Code 2019, is amended 12 to read as follows: 13 9. A statement that the candidate is aware that the 14 candidate is disqualified from holding office if the candidate 15 has been convicted of a felony or other infamous crime and the 16 candidate’s rights have not been restored by the governor , or 17 by the president of the United States , or by operation of law . 18 Sec. 6. Section 48A.6, subsection 1, Code 2019, is amended 19 to read as follows: 20 1. A person who has been convicted of a felony as defined 21 in section 701.7 , or convicted of an offense classified as a 22 felony under federal law. If the person’s rights are later 23 restored by the governor, or by the president of the United 24 States, pursuant to section 914.8, or by a pardon issued by the 25 governor or the president of the United States, the person may 26 register to vote. 27 Sec. 7. Section 57.1, subsection 2, paragraph c, Code 2019, 28 is amended to read as follows: 29 c. That prior to the election the incumbent had been duly 30 convicted of a felony, as defined in section 701.7 , and that 31 the judgment had not been reversed, annulled, or set aside, nor 32 the incumbent pardoned by the governor or the president of the 33 United States or restored to the rights of citizenship by the 34 governor under chapter 914 pursuant to section 914.8 , at the 35 -2- LSB 2092HH (1) 88 mo/jh 2/ 10

H.F. 523 time of the election. 1 Sec. 8. Section 123.3, subsection 35, paragraph d, Code 2 2019, is amended to read as follows: 3 d. The person has not been convicted of a felony. However, 4 if the person’s conviction of a felony occurred more than five 5 years before the date of the application for a license or 6 permit, and if the person’s rights of citizenship have been 7 restored by the governor pursuant to sections 914.1 through 8 914.6 , the administrator may determine that the person is of 9 good moral character notwithstanding such conviction. 10 Sec. 9. Section 161A.5, subsection 3, paragraph b, Code 11 2019, is amended to read as follows: 12 b. Every candidate shall file with the nomination papers 13 an affidavit stating the candidate’s name, the candidate’s 14 residence, that the person is a candidate and is eligible for 15 the office of commissioner, and that if elected the candidate 16 will qualify for the office. The affidavit shall also state 17 that the candidate is aware that the candidate is disqualified 18 from holding office if the candidate has been convicted of a 19 felony or other infamous crime and the candidate’s rights have 20 not been restored by the governor , or by the president of the 21 United States , or by operation of law . 22 Sec. 10. Section 277.4, subsection 2, paragraph b, Code 23 2019, is amended to read as follows: 24 b. Signers of nomination petitions shall include their 25 addresses and the date of signing, and must reside in the same 26 director district as the candidate if directors are elected 27 by the voters of a director district, rather than at-large. 28 A person may sign nomination petitions for more than one 29 candidate for the same office, and the signature is not invalid 30 solely because the person signed nomination petitions for 31 one or more other candidates for the office. The petition 32 shall be filed with the affidavit of the candidate being 33 nominated, stating the candidate’s name, place of residence, 34 that such person is a candidate and is eligible for the office 35 -3- LSB 2092HH (1) 88 mo/jh 3/ 10

H.F. 523 the candidate seeks, and that if elected the candidate will 1 qualify for the office. The affidavit shall also state that 2 the candidate is aware that the candidate is disqualified 3 from holding office if the candidate has been convicted of a 4 felony or other infamous crime and the candidate’s rights have 5 not been restored by the governor , or by the president of the 6 United States , or by operation of law . 7 Sec. 11. Section 376.4, subsection 2, paragraph b, Code 8 2019, is amended to read as follows: 9 b. The petition must include the affidavit of the individual 10 for whom it is filed, stating the individual’s name, the 11 individual’s residence, that the individual is a candidate and 12 eligible for the office, and that if elected the individual 13 will qualify for the office. The affidavit shall also state 14 that the candidate is aware that the candidate is disqualified 15 from holding office if the candidate has been convicted of a 16 felony or other infamous crime and the candidate’s rights have 17 not been restored by the governor , or by the president of the 18 United States , or by operation of law . 19 Sec. 12. Section 914.2, Code 2019, is amended to read as 20 follows: 21 914.2 Right of application. 22 Except as otherwise provided in section 902.2 or 914.8 , a 23 person convicted of a criminal offense has the right to make 24 application to the board of parole for recommendation or to 25 the governor for a reprieve, pardon, commutation of sentence, 26 remission of fines or forfeitures, or restoration of rights of 27 citizenship at any time following the conviction. 28 Sec. 13. NEW SECTION . 914.8 Restoration of right to 29 register and to vote. 30 1. A person convicted of a felony criminal offense who has 31 been discharged from probation, parole, or work release or 32 who is released from confinement under section 902.6 because 33 the person has completed the person’s term of confinement 34 shall have the person’s right to register to vote and to vote 35 -4- LSB 2092HH (1) 88 mo/jh 4/ 10

H.F. 523 restored. 1 2. As soon as practicable, the department of corrections 2 or judicial district department of correctional services, 3 whichever is applicable, shall provide written notice to each 4 person, as described in subsection 1, who, on or after January 5 14, 2011, has been discharged from probation, parole, or work 6 release or who, on or after January 14, 2011, has completed a 7 term of confinement, that the person’s right to register to 8 vote and to vote has been restored. The notice shall include a 9 voter registration form. 10 3. The department of corrections shall monthly provide a 11 list of all persons notified under subsection 2 in the previous 12 month to the state registrar of voters who shall provide the 13 information to the county registrars of voters as deemed 14 necessary. 15 4. A person described in subsection 1 may still make 16 application for a restoration of citizenship rights pursuant 17 to sections 914.1 through 914.6. Such an application, unless 18 withdrawn, shall be processed as required by this chapter. 19 5. This section shall not relieve a person of any unpaid 20 restitution, fine, or other obligation resulting from 21 conviction. 22 DIVISION II 23 RESTORATION OF FIREARM RIGHTS 24 Sec. 14. Section 724.26, subsection 1, Code 2019, is amended 25 to read as follows: 26 1. A Except as provided in section 724.26A, a person who 27 is convicted of a felony in a state or federal court, or who 28 is adjudicated delinquent on the basis of conduct that would 29 constitute a felony if committed by an adult, and who knowingly 30 has under the person’s dominion and control or possession, 31 receives, or transports or causes to be transported a firearm 32 or offensive weapon is guilty of a class “D” felony. 33 Sec. 15. NEW SECTION . 724.26A Restoration of rights. 34 1. A person convicted of a class “D” felony, other than a 35 -5- LSB 2092HH (1) 88 mo/jh 5/ 10

H.F. 523 forcible felony or domestic abuse assault under section 708.2A, 1 subsection 5, may apply to the department of public safety for 2 the restoration of the right to possess, receive, or transport 3 or cause to be transported a firearm, if all of the following 4 apply: 5 a. Ten years have elapsed from the date of the class “D” 6 felony conviction. 7 b. The applicant has no pending criminal charges and no 8 felony convictions in the previous ten years. 9 c. The applicant would otherwise be eligible to possess, 10 receive, or transport or cause to be transported a firearm. 11 2. The department of public safety shall conduct a criminal 12 background check on the applicant including an inquiry of the 13 national instant criminal background check system maintained 14 by the federal bureau of investigation or any successor agency 15 to determine if ten years have elapsed from the date of the 16 class “D” felony conviction, the person has no pending criminal 17 charges and no felony convictions in the previous ten years, 18 and the person would otherwise be eligible to possess, receive, 19 or transport or cause to be transported a firearm. 20 3. a. If the application is approved by the department 21 of public safety, the department shall issue a certificate 22 of restoration of firearm rights to the applicant. The 23 certification shall be proof that the firearm rights of the 24 applicant have been restored unless the rights are subsequently 25 taken away by a disqualifying event. 26 b. One copy of the certification shall be delivered to the 27 applicant and one copy shall be delivered to the clerk of the 28 district court where the judgment of the class “D” felony is 29 of record. 30 c. If the department of public safety denies the 31 application, the department shall provide the applicant with 32 written notification of the denial and the reason for the 33 denial. An applicant may seek review of the denial pursuant to 34 subsection 4. 35 -6- LSB 2092HH (1) 88 mo/jh 6/ 10

H.F. 523 4. The applicant may file an appeal with an administrative 1 law judge by filing a copy of the denial with a written 2 statement that clearly states the applicant’s reasons rebutting 3 the denial with a fee of ten dollars. Additional supporting 4 information relevant to the proceedings may also be included. 5 a. The administrative law judge shall, within forty-five 6 days of receipt of the request for an appeal, set a hearing 7 date. The hearing may be held by telephone or video conference 8 at the discretion of the administrative law judge. The 9 administrative law judge shall receive witness testimony and 10 other evidence relevant to the proceedings at the hearing. The 11 hearing shall be conducted pursuant to chapter 17A. 12 b. Upon conclusion of the hearing, the administrative 13 law judge shall order that the denial be either rescinded or 14 sustained. An applicant shall have the right to judicial 15 review in accordance with the terms of chapter 17A. 16 c. The standard of review under this section shall be clear 17 and convincing evidence that the department’s written statement 18 of the reasons for the denial constituted probable cause to 19 deny the application. 20 5. An applicant may still make an application for 21 restoration of citizenship rights pursuant to sections 914.1 22 through 914.6. 23 6. The department of public safety shall adopt rules 24 pursuant to chapter 17A to administer this section. 25 Sec. 16. Section 914.7, Code 2019, is amended to read as 26 follows: 27 914.7 Rights not restorable. 28 1. Notwithstanding Except as provided in section 724.26A, 29 notwithstanding any other provision of this chapter , a person 30 who has been convicted of a forcible felony, a felony violation 31 of chapter 124 involving a firearm, or a felony violation of 32 chapter 724 shall not have the person’s rights of citizenship 33 restored to the extent of allowing the person to receive, 34 transport, or possess firearms. 35 -7- LSB 2092HH (1) 88 mo/jh 7/ 10

H.F. 523 2. Notwithstanding Except as provided in section 724.26A, 1 notwithstanding any provision of this chapter , a person 2 seventeen years of age or younger who commits a public offense 3 involving a firearm which is an aggravated misdemeanor against 4 a person or a felony shall not have the person’s rights of 5 citizenship restored to the extent of allowing the person to 6 receive, transport, or possess firearms. 7 DIVISION III 8 CONTINGENT EFFECTIVE DATE 9 Sec. 17. CONTINGENT EFFECTIVE DATE. This Act takes effect 10 on the date an amendment to Article II, section 5, of the 11 Constitution of the State of Iowa is approved and ratified 12 by the general public which allows a person convicted of an 13 infamous crime to be an elector. 14 EXPLANATION 15 The inclusion of this explanation does not constitute agreement with 16 the explanation’s substance by the members of the general assembly. 17 This bill relates to the restoration of the rights of 18 citizenship. 19 DIVISION I —— RESTORATION OF VOTING RIGHTS. The bill 20 requires that the right to register to vote and to vote be 21 restored for any individual who has been discharged from 22 criminal sentence for any felony. To be discharged from 23 criminal sentence, under the bill, an individual must also be 24 discharged from any accompanying term of probation, parole, or 25 supervised release. The bill does not relieve the individual 26 of unpaid restitution, fines, or other obligations resulting 27 from conviction. The bill does not limit an individual’s 28 ability to apply to the governor for a restoration of 29 citizenship rights, as currently provided for in Code chapter 30 914. 31 The bill requires that the department of corrections notify 32 an individual whose right to register to vote and to vote 33 has been restored on or after January 14, 2011. The bill 34 requires, where applicable, the judicial district department of 35 -8- LSB 2092HH (1) 88 mo/jh 8/ 10

H.F. 523 correctional services to notify an individual whose rights have 1 been restored. The department of corrections is also required 2 to monthly provide a list of the individuals notified to the 3 state registrar of voters (secretary of state). 4 DIVISION II —— RESTORATION OF FIREARM RIGHTS. The bill 5 provides a person convicted of a class “D” felony, other than a 6 forcible felony or domestic abuse assault under Code section 7 708.2A(5), may apply to the department of public safety for 8 the restoration of the right to possess, receive, or transport 9 or cause to be transported a firearm, if all of the following 10 apply: 10 years have elapsed from the date of the class 11 “D” felony conviction, the applicant has no pending criminal 12 charges or felony convictions in the previous 10 years, and the 13 applicant would otherwise be eligible to possess, receive, or 14 transport or cause to be transported a firearm. 15 The bill requires the department of public safety to conduct 16 a criminal background check on the applicant including an 17 inquiry of the national instant criminal background check 18 system maintained by the federal bureau of investigation or 19 any successor agency to determine if the application meets the 20 requirements for restoration of firearm rights established in 21 the bill. 22 If the application is approved by the department of public 23 safety, the bill requires the department of public safety to 24 issue a certificate of restoration of firearm rights to the 25 applicant. The bill specifies the certification shall be proof 26 the firearm rights of the applicant have been restored unless 27 the rights are subsequently taken away by a disqualifying 28 event. 29 The bill requires one copy of the certification be delivered 30 to the applicant and one copy shall be delivered to the clerk 31 of the district court where the judgment of the class “D” 32 felony is of record. 33 If the department of public safety denies the application 34 under the bill, the department shall provide the applicant 35 -9- LSB 2092HH (1) 88 mo/jh 9/ 10

H.F. 523 with written notification of the denial and the reason for the 1 denial. The bill permits an applicant to seek review of the 2 denial. 3 If the applicant appeals the denial of the application 4 of the department of public safety, the bill requires the 5 administrative law judge to set a hearing date within 45 days 6 of receipt of the request for an appeal. The hearing may be 7 held by telephone or video conference at the discretion of the 8 administrative law judge. The administrative law judge shall 9 receive witness testimony and other evidence relevant to the 10 proceedings at the hearing. The hearing shall be conducted 11 pursuant to Code chapter 17A. 12 The bill does not prohibit an applicant to make an 13 application for restoration of citizenship rights pursuant to 14 Code sections 914.1 through 914.6. 15 The bill also makes conforming changes to Code sections 16 724.26 and 914.7. 17 DIVISION III —— CONTINGENT EFFECTIVE DATE. The bill takes 18 effect on the date an amendment to Article II, section 5, 19 of the Constitution of the State of Iowa is ratified by the 20 general public which allows a person convicted of an infamous 21 crime to be an elector. 22 -10- LSB 2092HH (1) 88 mo/jh 10/ 10